BILL ANALYSIS
AB 1860
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1860 (Tom Berryhill)
As Amended August 3, 2010
2/3 vote. Urgency
-----------------------------------------------------------------
|ASSEMBLY: |74-0 |(May 3, 2010) |SENATE: |33-0 |(August 5, |
| | | | | |2010) |
-----------------------------------------------------------------
Original Committee Reference: G.O.
SUMMARY : Allows any county office of education (COE) or school
district in the state that owns and operates an overnight
retreat facility to have an event at the overnight retreat
facility where alcoholic beverages can be possessed, consumed or
sold, provided the event is held during weekends or at times
when pupils are not on the grounds, as specified. Under current
law only Marin and Stanislaus COEs have this authority.
The Senate amendments contain double-jointing language to
prevent a chaptering-out conflict with AB 1643 (Smyth) and AB
1748 (Hill).
EXISTING LAW :
1)Establishes the Department of Alcoholic Beverage Control (ABC)
and grants it exclusive authority to administer the provisions
of the Alcoholic Beverage Control Act in accordance with laws
enacted by the Legislature.
2)Prohibits, with specified exceptions, the possession,
consumption and sale of alcoholic beverages in any public
school (K-14) or any grounds thereof. Existing law provides
various exceptions to this general prohibition at specified
venues (e.g., performing arts centers, stadiums, etc.).
3)Creates an exception to the general prohibition against the
consumption of alcoholic beverages on publicly owned school
property by allowing alcoholic beverages to be sold and
consumed for an event during the weekend or at other times
when pupils are not on the rounds of an overnight retreat
facility owned and operated by the COE in Stanislaus County.
AS PASSED BY THE ASSEMBLY , this bill is consistent with Assembly
AB 1860
Page 2
actions.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, any costs associated with this legislation would be
minor and absorbable within ABC's existing resources.
COMMENTS : Existing law provides for many exceptions to the
general prohibition, including those for college stadiums,
culinary arts programs, and housing and performing arts
facilities. Other existing exceptions allow alcoholic beverages
to be possessed, consumed, and sold at organized, licensed
events held on the grounds of overnight retreat facilities owned
and operated by the Marin and Stanislaus County Offices of
Education, provided that the events occur on weekends or at
other times when pupils are not on the grounds.
This bill extends the exceptions for the aforementioned Marin
and Stanislaus COEs to all COEs and school districts with
overnight retreat facilities when pupils are not on the grounds.
The Clovis Unified School District and the Sutter County
Superintendent of Schools state "during these difficult budget
times, when we are making significant cuts to our educational
programs and services, having some ability to increase revenues
will be very helpful in our effort to sustain very important
outdoor educational programs." During days and weekends when
outdoor education facilities are not in use and not hosting
students, the public would have access to a unique center for
weddings, family reunions, and other organizational events. The
Santa Clara County Office of Education writes, this measure
"will be beneficial because not only will it keep costs down for
students but will provide a usable venue for the public, without
jeopardizing the safety of students."
Analysis Prepared by: Eric Johnson / G. O. / (916) 319-2531
FN: 0005576