California 2009-2010 Regular Session Status: To Executive

AB 888 — Alcoholic beverages: open containers: school grounds.

Last action — Consideration of Governor's veto stricken from file.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Under the Alcoholic Beverage Control Act, any person possessing an open container of an alcoholic beverage in specified areas is guilty of an infraction if an ordinance prohibits the consumption of alcoholic beverages in those areas. This bill would prohibit, as an infraction, the possession of an alcoholic beverage container, or consumption of an alcoholic beverage, on a public street, alley, or sidewalk within 600 feet of the property line of a public or private school, with specified exceptions. By creating a new crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Bill Text

Action History

  1. Consideration of Governor's veto stricken from file.

  2. Consideration of Governor's veto pending.

  3. Vetoed by Governor.

  4. Enrolled and to the Governor at 7 p.m.

  5. Senate amendments concurred in. To enrollment. (Ayes 49. Noes 26. Page 3015.)

  6. Assembly Rule 77 suspended. (Ayes 48. Noes 27. Page 2889.)

  7. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 30 pursuant to Assembly Rule 77.

  8. Read third time, passed, and to Assembly. (Ayes 26. Noes 10. Page 1963.)

  9. Read second time. To third reading.

  10. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  11. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 11. Noes 1.) (June 23).

  12. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on G.O.

  13. Referred to Com. on G.O.

  14. In Senate. Read first time. To Com. on RLS. for assignment.

  15. Read third time, passed, and to Senate. (Ayes 50. Noes 25. Page 1605.)

  16. Read second time. To third reading.

  17. From committee: Do pass. (Ayes 11. Noes 5.) (April 22).

  18. Re-referred to Com. on APPR.

  19. Read second time and amended.

  20. From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 13. Noes 1.) (April 1).

  21. Referred to Com. on G.O.

  22. From printer. May be heard in committee March 29.

  23. Read first time. To print.

Sponsors

  • Price · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 4 voted No

Sponsors (1)

  • Price

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 888 Concurrence in Senate Amendments By MENDOZA

Passed 57 Yea · 29 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 532705
Democratic 3000
Republican 1200
Total 572905
% of votes cast 63%32%0%5%
How each member voted (91)
Member Party Vote
Carter — Yea
Chesbro — Yea
Evans — Yea
Fuentes — Yea
Furutani — Yea
Gilmore — Yea
Charles — Yea
Hall — Yea
Hayashi — Yea
Hernandez — Yea
De — Yea
La — Yea
Torre — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Coto — Yea
Ammiano — Yea
Beall — Yea
Block — Yea
Hill — Yea
Huffman — Yea
Lieu — Yea
Mendoza — Yea
Monning — Yea
Nava — Yea
Ruskin — Yea
Skinner — Yea
Swanson — Yea
Torlakson — Yea
Torrico — Yea
Bill — Nay
Tom — Nay
Fletcher — Nay
Audra — Nay
De — Not Voting
Leon — Not Voting
Fuller — Nay
Hagman — Nay
Harkey — Not Voting
Jeffries — Nay
Conway — Nay
Knight — Nay
Cook — Nay
Blakeslee — Nay
Duvall — Nay
Logue — Nay
Miller — Nay
Nestande — Nay
Silva — Nay
Smyth — Nay
Tran — Nay
Villines — Nay
Adams — Nay
Anderson — Nay
Bass — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Huber — Yea
Krekorian — Yea
Ma — Yea
Nielsen — Nay
Solorio — Yea
Torres — Yea
Emmerson — Nay
Eng — Yea
Feuer — Yea
Davis — Not Voting
DeVore — Not Voting
Yamada — Yea
Galgiani — Yea
Garrick — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Nay
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Nay

Official roll call →

Assembly 3rd Reading AB888 Price

Passed 27 Yea · 10 Nay · 4 Other
Party YeaNayPresentNot Voting
Democratic 1001
Unaffiliated 251003
Republican 1000
Total 271004
% of votes cast 66%24%0%10%
How each member voted (41)
Member Party Vote
Hancock — Yea
Yee — Yea
Lowenthal — Yea
Negrete — Yea
Cedillo — Not Voting
Cogdill — Nay
Harman — Yea
Huff — Nay
Kehoe — Yea
Leno — Yea
Runner — Nay
Liu — Yea
McLeod — Yea
Oropeza — Not Voting
Corbett — Yea
Correa — Yea
Cox — Nay
Pavley — Yea
Price — Yea
Simitian — Yea
Steinberg — Yea
Alquist — Yea
Benoit — Nay
Ducheny — Not Voting
Dutton — Nay
Walters — Nay
Wiggins — Yea
Wolk — Yea
Wright — Yea
Aanestad — Nay
Ashburn — Nay
Hollingsworth — Nay
Maldonado — Yea
Romero — Yea
Wyland — Yea
DeSaulnier — Yea
Denham — Yea
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Not Voting
Strickland, Tony Republican Yea

Official roll call →

Do pass, but re-refer to the Committee on Appropriations.

Passed 12 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 11100
Democratic 1001
Total 12101
% of votes cast 86%7%0%7%
How each member voted (14)
Member Party Vote
Yee — Yea
Negrete — Yea
Benoit — Nay
McLeod — Yea
Oropeza — Yea
Price — Yea
Wiggins — Yea
Harman — Yea
Wright — Yea
Wyland — Yea
Denham — Yea
Florez — Yea
Calderon, Lisa Democratic Not Voting
Padilla, Stephen C. Democratic Yea

Official roll call →

AB 888 PRICE Assembly Third Reading

Passed 57 Yea · 30 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 512805
Democratic 5000
Republican 1200
Total 573005
% of votes cast 62%33%0%5%
How each member voted (92)
Member Party Vote
Hagman — Nay
Carter — Yea
Chesbro — Yea
Evans — Yea
Feuer — Yea
Furutani — Yea
Charles — Yea
Galgiani — Yea
Hall — Yea
Hayashi — Yea
Hill — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Bonnie — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Beall — Yea
Coto — Yea
Davis — Yea
Huber — Yea
Krekorian — Yea
Lieu — Yea
Mendoza — Yea
Monning — Yea
Price — Yea
Conway — Nay
Cook — Not Voting
Bill — Nay
Berryhill — Nay
Tom — Nay
Berryhill — Nay
Fletcher — Nay
Gaines — Nay
V. — Nay
Manuel — Nay
Perez — Nay
Audra — Nay
Fuller — Nay
Saldana — Not Voting
Duvall — Nay
Garrick — Nay
Harkey — Not Voting
Jeffries — Nay
Knight — Nay
Adams — Nay
Anderson — Nay
Bass — Yea
Blakeslee — Nay
Miller — Nay
Nestande — Nay
Silva — Nay
Smyth — Nay
Solorio — Yea
Swanson — Yea
Torlakson — Yea
Torrico — Yea
Tran — Not Voting
Ammiano — Yea
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Hernandez — Yea
Huffman — Yea
Logue — Nay
Ma — Yea
Nava — Yea
Nielsen — Nay
Ruskin — Yea
Skinner — Yea
Torres — Yea
Villines — Nay
Emmerson — Not Voting
Eng — Yea
DeVore — Nay
Yamada — Yea
Fuentes — Yea
Gilmore — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Lowenthal, Josh Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Nay

Official roll call →

Do pass.

Passed 15 Yea · 6 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 14500
Democratic 1000
Republican 0101
Total 15601
% of votes cast 68%27%0%5%
How each member voted (22)
Member Party Vote
Charles — Yea
De — Yea
Leon — Yea
John — Yea
A. — Yea
Perez — Yea
Audra — Nay
Fuentes — Yea
Hall — Yea
Harkey — Nay
Duvall — Nay
Miller — Nay
Price — Yea
Skinner — Yea
Torlakson — Yea
Ammiano — Yea
Nielsen — Nay
Solorio — Yea
Davis — Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Not Voting
Strickland, Tony Republican Nay

Official roll call →

Do pass as amended and be re-referred to the Committee on Appropriations.

Passed 14 Yea · 1 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 14105
Total 14105
% of votes cast 70%5%0%25%
How each member voted (20)
Member Party Vote
Evans — Yea
Galgiani — Yea
Hall — Yea
Hill — Yea
De — Yea
Leon — Yea
Portantino — Yea
Chesbro — Yea
Jeffries — Not Voting
Lieu — Yea
Mendoza — Yea
Price — Yea
Silva — Not Voting
Torres — Yea
Tran — Not Voting
Anderson — Nay
Nestande — Not Voting
Torrico — Yea
Cook — Not Voting
Coto — Yea

Official roll call →

Subjects

public-safety education
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Frequently asked questions

What does AB 888 do?
Under the Alcoholic Beverage Control Act, any person possessing an open container of an alcoholic beverage in specified areas is guilty of an infraction if an ordinance prohibits the consumption of alcoholic beverages in those areas. This bill would prohibit, as an infraction, the possession of an alcoholic beverage container, or consumption of an alcoholic beverage, on a public street, alley, or sidewalk within 600 feet of the property line of a public or private school, with specified exceptions. By creating a new crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Who sponsors AB 888?
AB 888 is sponsored by Price.
What is the current status of AB 888?
This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 888?
Track AB 888 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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