BILL ANALYSIS �
AB 494
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Date of Hearing: May 27, 2011
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 494 (Logue) - As Introduced: February 15, 2011
Policy Committee: Governmental
Organization Vote: 14 - 1
Urgency: Yes State Mandated Local Program:
Yes Reimbursable: Yes
SUMMARY
This bill prohibits a person on certain portions of the
Sacramento River from possessing a container with an alcoholic
beverage during the summer holiday periods when the Glenn and
Butte County Boards of Supervisors prohibit the consumption of
an alcoholic beverage or possession of an open alcoholic
beverage container. In addition, the bill requires Glenn and
Butte Counties to post notices along that stretch of river,
which states that the consumption or possession of an alcoholic
beverage is illegal and punishable as an infraction.
FISCAL EFFECT
1)Requiring the posting of the signs does not appear to be a
reimbursable mandate, however, if the Commission on State
Mandates determines that it is reimbursable, the cost of the
required signs would be minor and absorbable.
2)Potential non-reimbursable costs for enforcement offset by
revenue from fines.
COMMENTS
1)Rationale . This bill allows the Butte and Glenn County Boards
of Supervisors to determine the legality of alcohol possession
during summer holiday periods on a portion of the Sacramento
River that runs between Butte and Glenn Counties. AB 494
would provide that if both the Butte and Glenn Boards of
AB 494
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Supervisors enact ordinances prohibiting alcohol possession on
the county land along this portion of the river, possession
would also be prohibited in the river (which is state
property) in this same area. A violation would be an
infraction punishable by a $100 fine for first offense and by
a $200 fine for a second offense in the same year.
2)Prior Legislation. SB 1159 (Cox), Chapter 44, Statutes of
2008. Prohibits the possession of alcoholic beverages,
whether open or closed, on vessels along the Truckee River
(from the Highway 89 Bridge in Tahoe City to the Alpine
Meadows Bridge) during summer holiday periods.
AB 951 (Jones; Chapter 19, Statutes of 2007) bans alcohol -
whether in open or closed containers - on non-motorized
vessels on the portion of the American River between Hazel and
Watt Avenues in Sacramento during certain summer holiday
periods.
AB 2187 (Aanestad; Chapter 381, Statutes of 2000) allowed
local governments to prohibit the possession of open
containers of alcoholic beverages in city- or county-owned
parks or public places, if the respective local government has
enacted an ordinance prohibiting the possession or consumption
of alcoholic beverages in those areas.
Analysis Prepared by : Julie Salley-Gray / APPR. / (916)
319-2081