BILL ANALYSIS �
Bill No: SCR
45
SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
Senator Roderick D. Wright, Chair
2011-2012 Regular Session
Staff Analysis
SCR 45 Author: Corbett
As Introduced: May 3, 2011
Hearing Date: June 28, 2011
Consultant: Art Terzakis
SUBJECT
Alcoholic Beverage Control
DESCRIPTION
SCR 45 urges the Governor to make the prevention of
underage alcohol use a priority of the state by engaging in
a statewide effort to prevent and reduce underage drinking
and its consequences and ensuring that California joins
with the 41 other states that are active in the Leadership
to Keep Children Alcohol Free which is an initiative to
prevent the use of alcohol by children ages 9 to 15.
EXISTING LAW
Existing law establishes the Department of Alcoholic
Beverage Control (ABC) and grants it exclusive authority to
administer the provisions of the ABC Act in accordance with
laws enacted by the Legislature. This involves licensing
individuals and businesses associated with the manufacture,
importation and sale of alcoholic beverages in this state
and the collection of license fees or occupation taxes for
this purpose.
Existing law states that every person who sells, furnishes,
gives, or causes to be sold, furnished, or given away, any
alcoholic beverage to any person under the age of 21 years
is guilty of a misdemeanor.
Existing law provides that except as provided by law, any
person who violates existing law by furnishing an alcoholic
beverage, or causing an alcoholic beverage to be furnished,
to a minor shall be punished by a fine of $1000, no part of
which shall be suspended, and the person shall be required
SCR 45 (Corbett) continued
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to perform not less than 24 hours of community service
during hours when the person is not employed and is not
attending school.
Existing law also provides for the Department of Alcohol
and Drug Programs which is responsible for administering
prevention, treatment, and recovery services for alcohol
and drug abuse and problem gambling.
SCR 45 (Corbett) continued
Page 3
BACKGROUND
The author's office points out that as a society, we must
continue to fight back the ill effects of underage drinking
because the lives of far too many young people are
negatively impacted by alcohol consumption. A sizeable
number of deaths and injuries are sustained each year due
to this practice. Yet, despite the clear consequences and
dangers posed by underage drinking, studies show that
minors throughout California are being exposed to alcohol
at much earlier ages. The author's office notes that
underage drinking costs Californians an estimated $8.1
billion annually. In 2007, underage drinkers consumed
nearly 14% of all alcohol sold in California, totaling $3.6
billion in sales.
The author's office also references the California State
Attorney General's "California Student Survey" which found
that 36 percent of 9th grade and nearly half (48 percent)
of 11th grade students report that alcohol is very easy to
obtain. The survey also discovered that teens who binge
drink (consume five or more drinks in a row within the past
30 days) constitute almost half of 9th graders who report
any drinking. Additionally, the survey found that by 11th
grade nearly two-thirds of the teens who drink report binge
drinking.
The Leadership to Keep Children Alcohol Free Foundation is
a coalition of current and former Governors' spouses,
federal agencies, and public and private organizations on a
mission to prevent the use of alcohol by children ages 9 to
15. It is the only national effort that focuses on alcohol
use in this age group. It is also the oldest and largest
organization of Governors' spouses focused on a single
issue. Currently, 41 states and 75% of Governors' spouses
or their representatives are members. SCR 45 encourages
Governor Brown to ensure that California is active in this
coalition. Additionally, this resolution encourages the
Governor to make the prevention of underage alcohol use a
priority by engaging in a statewide effort to prevent and
reduce underage drinking.
Proponents of this measure point out that more than 2.3
million underage youth drink alcohol each year in
California and approximately 5,000 young people under 21
years of age die each year as a result of underage
drinking. Additionally, proponents contend that about half
of high school students who drop out of school are involved
SCR 45 (Corbett) continued
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with alcohol or other drugs. Furthermore, according to
annual student surveys, three out every four 12th graders,
more than 2/3 of 10th graders and about two in every five
8th graders have consumed alcohol and 8 of 10 high school
students say that they see school mates getting high or
drunk at school.
PRIOR/RELATED LEGISLATION
AB 183 (Ma) 2011-12 Session. Would prohibit off-sale
licensees from selling alcoholic beverages using a
customer-operated checkout stand. (Pending in this
Committee)
SUPPORT: California Council on Alcohol Problems,
California Narcotic Officers' Association, California
Police Chiefs Association, County Alcohol and Drug Program
Administrators Association of California, Mothers Against
Drunk Driving
OPPOSE: None on file as of June 24, 2011.
FISCAL COMMITTEE: No.