BILL ANALYSIS Ó AB 45 Page 1 Date of Hearing: May 4, 2011 ASSEMBLY COMMITTEE ON APPROPRIATIONS Felipe Fuentes, Chair AB 45 (Hill) - As Amended: April 11, 2011 Policy Committee: UtilitiesVote:15-0 Urgency: No State Mandated Local Program: Yes Reimbursable: No SUMMARY This bill: 1)Expands the application of provisions and sanctions regarding underage drinking by passengers of charter-party carriers that are limousines to encompass any vehicle used as a charter party carrier, with specified exemptions. 2)Makes the third or subsequent violation of the open container of alcohol prohibition by the driver of a charter-party carrier a misdemeanor. FISCAL EFFECT Minor non-reimbursable county costs from prosecution and incarceration related to misdemeanor violations. COMMENTS 1)Background . Charter-party carriers furnish limousines-for-hire or passenger charter transportation service in motor vehicles. Charter-party carriers do not include vehicles on a set schedule or between fixed termini, taxi cabs, car rentals, or a city bus. Typical charter party carriers provide different sized vehicles to take a group of people to another location and/or back, such as on tour buses. The group would usually reserve the vehicle as a group, and would not reserve a "seat" individually. Current law requires charter-party carriers to possess a certificate to operate from the PUC. 2)Current law requires the driver of any limousine operated by a AB 45 Page 2 charter-party carrier to comply with certain requirements relating to alcohol beverages, including: a) Determining whether any passenger is under the age of 21 years. b) Reading to the passenger(s) a statement that the consumption of any alcoholic beverage in the vehicle is unlawful. c) Requiring the minor passenger to sign the statement and if a minor consumes any alcoholic beverage during the course of the ride, to immediately terminate the contract and return passenger to the point of origin. A violation of the above subjects the carrier to specified penalties, based on the number of offenses for conviction of a driver, or any officer, director, agent or employee of the carrier that prohibits storage of an opened container of an alcoholic beverage in a motor vehicle. 3)Purpose . The author introduced this bill as a result of the death of Brett Studebaker, a 19-year-old San Mateo resident, who crashed his car and died on February 5, 2010, following an evening of heavy alcohol consumption with his friends, who rode in a charter bus to celebrate a friend's birthday. Brett's alcohol level was found to be more than three times the legal limit for an adult of drinking age. This bill extends to all types of charter-party vehicles the requirements and sanctions described above, and additionally makes the third or subsequent violations a misdemeanor. Analysis Prepared by : Chuck Nicol / APPR. / (916) 319-2081