BILL ANALYSIS Ó SENATE JUDICIARY COMMITTEE Senator Noreen Evans, Chair 2011-2012 Regular Session AB 45 (Hill) As Amended June 7, 2012 Hearing Date: July 3, 2012 Fiscal: Yes Urgency: No RD SUBJECT Charter-Party Carriers of Passengers: Alcoholic Beverages: Open Containers DESCRIPTION Existing law, the Passenger Charter-party Carriers' Act, provides that drivers of any limousine for hire operated by a charter-party carrier of passengers (carrier) under a valid certificate or permit must comply with certain requirements with respect to passengers under 21 years of age and alcoholic beverages, as specified. This bill would repeal those provisions and instead require the chartering party making a reservation to designate a "designee" (a chaperone), as defined, to be present on any party bus or limousine if (1) their party will include a person who is under 21 years of age and (2) alcohol will be on that bus during the provision of transportation services. This bill would impose certain responsibilities and liabilities upon the designee, driver, and carrier to ensure that a person under 21 years of age does not consume alcohol. This bill would also impose specified responsibilities upon the driver if at the time of making the reservation the chartering party reports that no one under 21 will be present but that alcohol will be provided, or that persons under 21 will be present but that alcohol will not be provided. Additionally, the bill would impose specified penalties for failure to comply with certain requirements. (more) AB 45 (Hill) Page 2 of ? BACKGROUND In February 2010, 19 year-old Brett Studebaker crashed into a sound wall on Highway 101 near San Mateo after his friend's 21st birthday celebration aboard a charter bus. His blood alcohol level was more than three times the legal limit. In response to that incident, this bill would enact the Brett Studebaker Law in order to close an apparent loophole in existing law relating to party buses. Current California law, the Passenger Charter-party Carriers' Act, imposes certain requirements on the driver of any limousine for hire operated by a charter-party carrier to comply with prescribed requirements relating to alcoholic beverages. These include ascertaining whether any passenger is under the age of 21 years, reading to the passenger a statement that the consumption of any alcoholic beverage in the vehicle is unlawful, and requiring such a passenger to sign the statement. Under that act, if a passenger who is under 21, after signing the statement, is found to be, or to have been, consuming any alcoholic beverage during the course of the ride, the contract of hire is immediately terminated and the driver must return the passenger to the point of origin. The act also subjects the carrier to specified civil penalties, based on the number of offenses, and allows for the conviction of a driver, or any officer, director, agent, or employee of the carrier for violations of the Vehicle Code that prohibits storage of an opened container of an alcoholic beverage in a motor vehicle. Notably, California law does not appear to include party buses under these requirements. In place of those provisions of law, this bill would, instead, require the party making a reservation for a party bus or limousine to designate a chaperone, as defined, to be present on any party bus or limousine if (1) their party will include a person who is under 21 years of age and (2) alcohol will be on that bus during the provision of transportation services. The bill would impose certain responsibilities and liabilities upon the designate chaperone (designee), driver, and carrier to help ensure that a person under 21 does not consume alcohol on the party bus or limousine. The bill would also provide separate responsibilities for the driver if the chartering party reports that no one under 21 will be present but that alcohol will be provided, or vice versa. Additionally, the bill would impose specified penalties for failure to comply with certain provisions. AB 45 (Hill) Page 3 of ? CHANGES TO EXISTING LAW Existing law provides that any person under the age of 21 years who has any alcoholic beverage in his or her possession on any street or highway or in any public place or in any place open to the public is guilty of a misdemeanor and shall be punished by a fine or community service, as specified. Existing law increases the punishment on subsequent violations. (Bus. & Prof. Code Sec. 25662(a).) Existing law prohibits any driver or passenger from drinking in a motor vehicle upon a highway. (Veh. Code Sec. 23221.) Existing law provides that it is illegal for a driver to possess an open container containing any alcoholic beverage while in a motor vehicle upon a highway or on any lands, as described, and that it is illegal for a registered owner of a vehicle to store an open container in a motor vehicle, unless it is kept in the trunk of the vehicle (Veh. Code Secs. 23223, 23225.) Existing law provides that the prohibitions against drinking an alcoholic beverage or driving with an open container do not apply to passengers in any bus, taxicab, or limousine for hire licensed to transport passengers, except as specified below. (Veh. Code Sec. 23229.) Existing law provides that the prohibitions against drinking an alcoholic beverage or driving with an open container do apply to passengers of a charter-party carrier of passengers that operates a limousine for hire when the driver of the vehicle transports any passenger under age of 21, unless those containers are kept in a locked utility compartment within the area occupied by the driver and passengers. (Veh. Code Sec. 23229.1.) Existing law provides that any person who sells, furnishes, gives, or causes to be sold, furnished, or given, a person under 21 years of age an alcoholic beverage is guilty of a misdemeanor. (Bus. & Prof. Code Sec. 25658(a).) Existing law , the Passenger Charter-party Carriers' Act, authorizes the California Public Utilities Commission (CPUC) to regulate charter-party carriers of passengers, defined to mean persons engaged in the transportation of persons by motor vehicle for compensation on a prearranged basis over any public highway in California (Pub. Util. Code Sec. 5351 et seq.) AB 45 (Hill) Page 4 of ? Existing law provides that charter party carriers must operate on a prearranged basis in California and defines prearranged to mean that the transportation of the prospective passenger was arranged with the carrier by the passenger, or a representative of the passenger, either by written contract or telephone. (Pub. Util. Code Sec. 5360.5.) Existing law requires the driver of any limousine for hire operated by a charter-party carrier of passengers under a valid certificate or permit to do all of the following: ascertain whether any passenger is under the age of 21 years; read to any passenger under 21 years of age a specified statement that notifies the passenger, among other things, that the consumption of any alcoholic beverage in the vehicle is unlawful and that, if during the course of the ride any minor is found to be, or to have been, consuming any alcoholic beverage, the contract will be terminated and the customer will be brought back to the point of origin of the ride; require every passenger under the age of 21 years to sign the statement to be retained by the limousine operator for the period required by the commission; and immediately terminate the contract of hire and return the passengers to the point of origin of the ride if any minor passenger, after signing the statement above is found to be, or to have been, consuming any alcoholic beverage during the course of any ride subject to this section. (Pub. Util. Code Sec. 5381.1(a).) Existing law provides that any failure of a driver of a limousine to comply with the above requirements that results in the conviction of the driver of a violation of Section 23225 of the Vehicle Code which prohibits the storage of alcohol in a vehicle, shall be subject to the penalties prescribed in Section 5384.5, which include specified fines and revocation of the carrier's permit. (Pub. Util. Code Sec. 5381.1(b).) Existing law , in relevant part, provides that, notwithstanding any other provision of law, the requirements of a limousine driver under Section 5381.1 above do not apply to the driver of any bus, taxicab, or van. (Pub. Util. Code Sec. 5381.1(c).) This bill would repeal Section 5381.1 of the Public Utilities Code and instead enact the following requirements and liabilities relating to under-age drinking on charter party carriers. AB 45 (Hill) Page 5 of ? This bill would require the chartering party, at time transportation service is prearranged or the contract of carriage is made, to disclose to the charter-party carrier of passengers whether both of the following are true: alcoholic beverages will be served by the chartering party or be transported in the passenger compartment of the vehicle during transportation; and a member of the party to be provided with transportation services will be under 21 years of age. This bill would provide that if both of the above factors are met, the charter-party carrier, at the time transportation services are arranged, shall notify the chartering party of the following: a designee, as specified, shall be present whenever persons under 21 years of age who are not accompanied by a parent or legal guardian are being transported; the designee shall ensure compliance with all laws prohibiting the consumption of alcoholic beverages by persons under 21 years of age who are members of the party and are not accompanied by a parent or legal guardian; the designee shall read a specified statement to each passenger in the party who is under 21 years of age; the designee shall notify the driver of the vehicle if, at any time during the trip, a passenger in their party who is under 21 years of age is consuming or has consumed alcoholic beverages; the designee shall be responsible for any personal injury or property damage that is proximately caused by the consumption of alcoholic beverages by a person under 21 years of age while being supplied with transportation services; and if a trip is terminated because of the consumption of alcoholic beverages by a person under 21 years of age that is a member of their party, the designee's responsibility for that minor, and for any personal injury or property damage, shall continue until that minor is returned safely to his or her home or entrusted into the care of his or her parent or legal guardian. This bill would require the charter-party carrier to inform the driver of the vehicle that alcohol will be present and that there will be persons under 21 years of age present during the provision of transportation services and the name of the designee. AB 45 (Hill) Page 6 of ? This bill would require the driver of the vehicle to obtain the designee's signature or initials on a written form indicating the designee's acknowledgment and agreement to specified information, including, among other things: the designee is responsible for ensuring compliance with all laws prohibiting the consumption of alcoholic beverages by persons under 21 years of age who are members of the party and are not accompanied by a parent or legal guardian; the designee is legally responsible for any personal injury or property damage that is proximately caused by the consumption of alcoholic beverages by a person under 21 years of age while being supplied with transportation services; and if the trip is terminated for under-age drinking, the designee's responsibility for that minor, and for any personal injury or property damage, continues until that minor is returned safely to his or her home or entrusted into the care of his or her parent or legal guardian. This bill would require the designee to be a passenger of the vehicle during the provision of transportation services and be responsible for the conduct of all persons in the vehicle who are members of the party who are under 21 years of age and who are not accompanied by a parent or legal guardian. This bill would provide that the designee shall ensure compliance with all laws related to the consumption of alcoholic beverages by persons in the party who are under 21 years of age and who are not accompanied by a parent or legal guardian. This bill would provide that the designee shall ensure compliance with all laws prohibiting the providing of alcoholic beverages to minors by adult members of the party. This bill would provide that if a person under 21 years of age is accompanied by a parent or legal guardian, then the parent or legal guardian shall ensure that person complies with laws prohibiting the consumption of alcoholic beverages. This bill would provide that the designee or, when present, the parent or legal guardian, shall be responsible for any personal injury or property damage that is proximately caused by a violation of laws prohibiting the consumption of alcoholic beverages by a person under 21 years of age when alcoholic beverages are consumed during the provision of transportation services. AB 45 (Hill) Page 7 of ? This bill would state that the specified liabilities in the bill do not preclude a designee from seeking indemnity from any person, corporation, or other entity other than the charter-party carrier of passengers, and do not relieve a passenger of legal responsibility for his or her own conduct. This bill would provide for a specified statement to be read to passengers under 21 years of age. This bill would provide that if, during the course of providing transportation services, any person under 21 years of age is found to be, or to have been, consuming any alcoholic beverage, the designee shall immediately notify the driver and the driver shall terminate the trip, as specified. This bill would provide that should the designee, or when present, the parent or legal guardian, fail to inform the driver, or if the designee, parent, or legal guardian permits the drinking of alcoholic beverages by persons under 21 years of age to occur in the vehicle, the designee, parent, or legal guardian shall be subject to prosecution for violation of subdivision (a) of Section 25658 of the Business and Professions Code, which makes a person who sells, furnishes, gives, or causes to be sold, furnished, or given, a person under 21 years of age an alcoholic beverage guilty of a misdemeanor. This bill provides that if, at the time transportation is prearranged with the charter-party carrier of passengers, the chartering party discloses that alcoholic beverages will be served or transported in the passenger compartment, but that no member of the party is or will be under 21 years of age, the driver shall verify the age of all passengers to be transported if he or she has reason to believe that passengers under 21 years of age will be present during transportation services. This bill would provide that if any passenger is under 21 years of age, the failure to disclose the age of this passenger is a violation of the contract of carriage, and transportation services shall be terminated, unless all alcoholic beverages are removed and locked in the vehicle trunk or other locked compartment. This bill would provide that if at the time transportation is prearranged with the charter-party carrier of passengers, the chartering party discloses that a member of the party is under 21 years of age, but that no alcoholic beverages will be served or transported in the passenger compartment, the driver of the AB 45 (Hill) Page 8 of ? vehicle shall verify whether alcoholic beverages were brought onto the vehicle if he or she has reason to believe that alcoholic beverages are, or will be, transported in the vehicle and accessible to passengers, and that transportation services shall be terminated if alcoholic beverages were brought onto the vehicle without prior notification to the charter-party carrier of passengers, unless all alcoholic beverages are removed and locked in the vehicle trunk or other locked compartment. This bill would provide that any driver convicted of violating Section 23223 of the Vehicle Code, which makes it illegal for a driver to possess an open container in a motor vehicle, as a result of his or her failure to comply with this bill shall, in addition, be subject to specified civil penalties and state that a third or subsequent conviction by the driver shall be punishable as a misdemeanor. This bill would create a new misdemeanor for any third or subsequent violation of either the section relating to the storage of an opened container of an alcoholic beverage, or the section relating to the possession of an open container of an alcoholic beverage by a driver of any vehicle operating under a valid certificate or permit pursuant to the Passenger Charter-party Carriers' Act. This bill would also expand the application of specified sections of existing law that are currently limited to limousines to other charter-party carriers of passengers as well. This bill would define "chartering party" as the person, corporation, or other entity that prearranges with a charter-party carrier of passengers for transportation services and "designee" as a person who is 25 years of age or older and who is designated by the chartering party as being the person responsible for compliance with specified requirements during the provision of transportation services whenever persons under 21 years of age are to be transported unaccompanied by a parent or legal guardian. COMMENT 1. Stated need for the bill According to the author: AB 45 (Hill) Page 9 of ? Charter-party carriers, such as limousines and charter buses, are private vehicles for hire licensed and regulated by the California Public Utilities Commission (CPUC) to transport passengers on a pre-arranged basis. The charter-party carriers are subject to the Public Utilities Code and CPUC regulations. In the 1980s, stretch limousines became very popular with teenagers who would rent the vehicles and host underage drinking parties. Consequently, in 1988Ý,] legislation was passed to prevent limousines from being used as "booze cruisesÝ.]" The new law placed the onus on the driver to ensure that underage drinking was not taking place in the vehicle. When a limousine driver picks up passengers they are requiredÝ,] under Section 5384.1 and 5384.5 of the Public Utilities Code, to ascertain whether any passenger is under 21. If so, the driver must read a statement to that person explaining that consumption of alcoholic beverages is illegal and must have the passenger sign the statement. If after signing the statement the underage passenger consumes any alcoholic beverage while in the vehicle, the driver is obligated to terminate the contract of hire and return the passenger to the point of origin. Under current law, the regulations only apply to limousine drivers. This bill closes the loophole by applying existing regulations to all charter party carriers. 2. Recent tragedies and loopholes in existing law This bill seeks to address recent tragedies in California that involved the deaths of minors who consumed alcohol on party buses and died thereafter as a result of their actions while intoxicated. One such example provided by the author involved a 17-year old student from Redondo Beach who was killed trying to walk across the Harbor Freeway during a party bus stop. Another tragedy involved the namesake of this bill, 19-year old Brett Studebaker. On February 5, 2010, Mr. Studebaker spent hours drinking on a party bus for his friend's 21st birthday. At 2:00 a.m., the bus operator dropped off passengers and Mr. Studebaker attempted to drive home. His car crashed into a sound wall on Highway 101 near San Mateo, and he died 30 minutes later. Mr. Studebaker's blood-alcohol level was reportedly more than three times the legal limit. AB 45 (Hill) Page 10 of ? Under existing law, the Passenger Charter-party Carriers' Act, with certain exceptions, prohibits a charter-party carrier of passengers from engaging in transportation services subject to regulation by the Public Utilities Commission, without obtaining a specified certificate or permit, as appropriate, from the commission. That law requires the driver of any limousine for hire to comply with prescribed requirements relating to alcoholic beverages. These requirements include ascertaining whether any passenger is under the age of 21 years, reading to the passenger a statement that the consumption of any alcoholic beverage in the vehicle is unlawful, and requiring such a passenger to sign the statement. Under that act, if a passenger who is under 21, after signing the statement, is found to be, or to have been, consuming any alcoholic beverage during the course of the ride, the contract of hire is immediately terminated and the driver must return the passenger to the point of origin. The act also subjects the carrier to specified civil penalties, based on the number of offenses, for the conviction of a driver, or any officer, director, agent, or employee of the carrier, for violations of the Vehicle Code section prohibiting storage of an opened container of an alcoholic beverage in a motor vehicle. AB 3628 (Leslie, Ch. 1105, Stats. 1988) enacted that section in recognition of a growing problem with underage drinking on limousines. AB 3628 also contained Legislative findings and declarations that "there is an increasing problem in California involving the consumption of alcoholic beverages by persons under the age of 21," that "some young people, in order to have more privacy, hire chauffeured luxury limousines to facilitate their illegal drinking," and that the Legislature "therefore intends . . . to ensure that chauffeured limousines for hire are not used to facilitate the illegal drinking of alcoholic beverages by minors." The author argues that the problem with current law is that the party buses are not held to the same standards as limousines and yet "operators aggressively market their buses to young partiers with neon lighting, bars, sound systems and room for dancing drinking and lounging." As such, this bill seeks to correct that discrepancy by providing in place of those provisions a law that applies to both party buses and limousines and spreads the responsibilities and liabilities for ensuring that under age persons do not drink among the carrier company, the driver, and a chaperone. AB 45 (Hill) Page 11 of ? 3. Existing liabilities relating to the provision of alcohol to persons under 21 years of age in comparison to the responsibilities and liabilities created by this bill This bill would, among other things, provide for various responsibilities and liabilities among the charter-party carrier, the driver, and a third individual-a designee-if a reservation is made for a party bus and (1) there will be persons under 21 years of age on the bus and (2) alcohol will be served on the bus during the provision of transportation services. The bill would also impose certain responsibilities and liabilities upon the driver and carrier if a reservation is made in which there will be persons under 21 present, but no alcohol served, or vice versa. a. Liabilities under current law California law generally provides that everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself or herself. (Civ. Code Sec. 1714(a).) In contrast, this bill requires that a designee, who is essentially a 25 year old or older chaperone, ensure that members of the party who are not accompanied by a parent or legal guardian comply with all laws prohibiting the consumption of alcoholic beverages by persons under 21 years of age. The designee would also be responsible for any personal injury or property damage that is proximately caused by the consumption of alcoholic beverages by a person under 21 years of age on the party bus. Those provisions imply that the designee would be held strictly liable, for any damages or injuries proximately caused by the consumption of alcohol by a person under 21 years of age, even if the designee did everything a reasonable person possibly could do to ensure that the under-age person does not drink. To minimize his or her risk as a result of the proposed strict liability, that chaperone could be forced to take arguably extreme steps to ensure that he or she is in control of any potential under-age drinkers. For example, would the chaperone have to smell or taste test every drink AB 45 (Hill) Page 12 of ? that the under-age person consumed? Would the chaperone have to follow the person into a rest room to ensure that a drink is not smuggled in? Would the chaperone have to search the person and his or her belongings, even if that person is an adult and has privacy rights? Staff notes that provisions of existing law relating to civil liability for the acts of an intoxicated person are instructive in analyzing whether the proposed liability standard is appropriate. Namely, California law provides that: A liquor licensee who sells, furnishes, gives or causes to be sold, furnished, or given away, any alcoholic beverage to any habitual or common drunkard or to any obviously intoxicated person is guilty of a misdemeanor, but provides that the licensee shall not be civilly liable to any injured person or the estate of such a person for injuries inflicted on that person as a result of intoxication by the consumer (i.e. patron) of the alcoholic beverage. Existing law abrogates specified case law in favor of prior judicial interpretation finding the consumption of alcoholic beverages rather than the serving of alcoholic beverages as the proximate cause of injuries inflicted upon another by an intoxicated person. (Bus. & Prof. Code Sec. 25602.) A cause of action may be brought by or on behalf of a person who has suffered injury or death against a liquor licensee who sells, furnishes, gives or causes to be sold, furnished or given away any alcoholic beverage to any obviously intoxicated minor where the furnishing, sale or giving of that beverage to the minor is the proximate cause of the personal injury or deaths sustained by that person. (Bus. & Prof. Code Sec. 25602.1.) A social host who furnishes alcoholic beverages to any person is not liable for damages suffered by that person, or for injury to the person or property of, or death of, any third person, resulting from the consumption of those beverages. (Civ. Code Sec. 1714(c).) However, a claim may be made against a parent, guardian, or another adult who knowingly furnishes alcoholic beverages at his or her residence to a person whom he or she knows, or should have known, to be under 21 years of age. In only in this instance can the furnishing of the alcoholic beverage to be found as the proximate cause of resulting injuries or death. (Civ. Code Sec. 1714(d).) AB 45 (Hill) Page 13 of ? In light of the limited carve outs for civil liability for injuries to a person or property as a result of the provision (as opposed to consumption) of alcohol, and considerations in Comment 2b below, the duty created by this bill appears to be too high for a person to be able to reasonably comply with. As a result, staff notes that the author's amendments discussed below restate the duty as a duty to make reasonable efforts to ensure compliance with the laws prohibiting underage drinking and impose liability only if the designee knew or should have known that the person was under 21 years of age and is consuming or has consumed alcoholic beverages. a. Balancing of liabilities among the parties This bill would provide for various responsibilities and liabilities among the charter-party carrier, the driver, and a third individual-a designee. This bill would require that the party making a reservation for a party bus or limousine from a carrier designate a chaperone (designee), who is at least 25 years old, to be present on any party bus or limousine if (1) their party will include a person who is under 21 years of age and (2) alcohol will be on that bus during the provision of transportation services. The designee would be responsible for ensuring compliance with all laws related to the consumption of alcoholic beverages by persons in the party who are under 21 years of age and who are not accompanied by a parent or legal guardian and ensuring compliance with all laws prohibiting the providing of alcoholic beverages to minors by adult members of the party. Moreover, he or she would be held responsible for any personal injury or property damage that is proximately caused by a violation of laws prohibiting the consumption of alcoholic beverages by a person under 21 years of age when alcoholic beverages are consumed during the provision of transportation services. The driver would chiefly be responsible for obtaining the designee's signature or initials on a written form indicating the designee's acknowledgment and agreement to his or her specified responsibilities and liabilities. At the same time, if the chartering party reports that no one under 21 will be present but that there will be alcohol provided, the driver would be made responsible for checking IDs or removing unreported alcohol from the vehicle, as specified, among other things. If the driver fails to do as required in violation of AB 45 (Hill) Page 14 of ? specified prohibitions against open containers in a vehicle, he or she would be guilty of a misdemeanor and specified penalties would result to the carrier. Meanwhile, the carrier would need only notify the chartering party of the responsibilities and liabilities of a designee at the time that the chartering party makes the arraignments for transportation, notify the driver that there will be persons present who are under 21 and alcohol provided and notify the driver of who the designee is. The author writes that "Assembly Bill 45 represents a 'shared responsibility' approach. All entities have responsibilities: the bus company, the bus driver, and a chaperone for the party bus group." As the bill is currently written, however, significant onus is placed upon the chaperone, under the threat of strict liability for any resulting torts that are proximately caused by the underage drinker that is unlike the responsibilities and liabilities that are placed on the driver or bus company let alone business in the business of selling and serving alcohol or social hosts who serve alcohol in their home to underage persons. At the same time, this bill does not appear to extend equivalent responsibilities or similar liabilities on the party bus carrier-they are merely subject to several oral notifications to the chartering party and the driver and certain penalties if their driver does not comply with his or her own responsibilities. Out of the three potential parties who could be held responsible for the acts of the intoxicated individual under this bill, the party bus carrier appears to be left with the least legal responsibilities even though they are, in fact, knowingly operating a business that runs the risk of underage drinking. Moreover, the designee arguably should not have the same or more legal culpability as the person directly providing the alcohol to the minor. As noted in Comment 3a, the civil liability of person or even a liquor licensee for the injuries caused to another's person or property as the result of the acts of an intoxicated person are extremely limited under California law. To address this unintended imbalance and bring the liability of the designee closer in line to existing liabilities for similar situations, as well as to make other technical or clarifying changes, the author offers the amendments provided below. Those amendments would, among other things: Require advance written notification to the designee AB 45 (Hill) Page 15 of ? fully explaining their responsibilities and assumed liabilities. If the carrier fails to comply, the amendments would require the carrier to provide a designee and assume the responsibilities and liabilities of a designee under this law. Restate the duties of the designee to "ensure compliance" with all laws prohibiting the consumption of alcoholic beverages by persons under 21 years as a duty to make reasonable efforts to ensure compliance with respect to persons the designee knew or should have known to be under 21 years of age and was consuming or consumed alcohol. Limit the designee's liability to reasonably foreseeable personal injuries or property damage (as opposed to any and all). Clarify that a third party who provides the under-age party with alcohol retains any liability they have under existing law for those acts. Help ensure that a designee acts reasonably in executing his or her duties by allowing the liability of a designee to terminate once they deliver an intoxicated under-age drinker to a reasonably safe location, such as a hospital, if not their home or to their parent or guardian, as the bill currently requires. Clarify what is intended by the term "minor" in this bill as the term is usually used to indicate under the age of majority (18) when the bill focuses on anyone under 21 years of age, including adults between 18-20 years of age. A mock-up will be made available to reflect these amendments: Author's Amendments : On page 7, line 28, after "the designee shall" insert "make reasonable efforts to" On page 7, line 37, after "The designee shall be responsible for any" insert, "reasonably foreseeable" On page 7, line 40, after "being supplied with transportation services" insert ", if the designee knew or reasonably should have known that the person is under 21 and is consuming or has consumed alcoholic beverages while being supplied with transportation services" On page 8, line 4, after "and for any" insert "reasonably AB 45 (Hill) Page 16 of ? foreseeable" On page 8, line 4, after "property damage" insert "that was proximately caused by the consumption of alcoholic beverages by a person under 21 years of age while being supplied with transportation services, where the designee knew or reasonably should have known that the person is under 21 and is consuming or has consumed alcoholic beverages while being supplied with transportation services," On page 8, line 5, after "until that," strike "minor" and insert "person who is under 21 years of age" On page 8, line 6, after "into the care of his or her parent or legal guardian" insert ", or taken to a location reasonably believed to be safer" On page 8, before line 7, insert "(2) (A) The charter-party carrier of passengers shall provide a copy of the written form described in paragraph (4) of this subdivision to the chartering party within 24 hours of the reservation. (B) If the charter-party carrier of passengers does not provide the notice as specified in subparagraph (A) of paragraph (2) of this subdivision, the charter-party carrier of passengers shall be required to provide a designee, who is not the driver, and shall incur any and all liabilities of that designee." On page 8, line 7, strike "(2) and insert "(3)" On page 8, line 11, strike "(3)" and insert "(4)" On page 8, line 21, after "The designee" strike "is responsible for ensuring" and insert "shall make reasonable efforts to ensure" On page 8, line 33, after "The designee is legally responsible for any" insert "reasonably foreseeable" On page 8, line 36 after "being supplied with transportation services" insert ", if the designee knew or reasonably should have known that the person is under 21 and is consuming or has consumed alcoholic beverages while AB 45 (Hill) Page 17 of ? being supplied with transportation services" On page 8, line 39 after "member of their party, the designee's responsibility for that" strike "minor" and insert "person" On page 8, line 40 after "and for any" insert "reasonably foreseeable" On page 8, line 40, after "personal injury or property damage" insert "that was proximately caused by the consumption of alcoholic beverages by a person under 21 years of age while being supplied with transportation services, where the designee knows or reasonably should know that the person is under 21 and is consuming or has consumed alcoholic beverages while being supplied with transportation services" On page 9, line 1, after "that" strike "minor" and insert "person who is under 21 years of age" On page 9, line 2 after "the care of his or her parent or legal guardian" insert ", or taken to a location reasonably believed to be safer" On page 9, line 3, strike (4) and insert "(5)" On page 9, line 4 after "provision of transportation services and shall" strike "be responsible for" and insert "make reasonable efforts to ensure" On page 9, line 5, after the first "the" insert "lawful" On page 9, line 8, strike "(5)" and insert "(6)(A)" On page 9, line 8, after "The designee shall" insert "make reasonable efforts to" On page 9, line 11, after "a parent or legal guardian." insert "(B)" On page 9, line 11, after "The designee shall" insert "make reasonable efforts to" On page 9, line 13, strike "minors" and insert "persons under 21 years of age" AB 45 (Hill) Page 18 of ? On page 9, line 13, after "by adult members of the party" insert "who are 21 years of age or older." On page 9, line 13, before "If a person under 21 years" insert "(C)" On page 9, line 15 after "parent or legal guardian shall" insert "make reasonable efforts to" On page 9, line 16 after "laws prohibiting the consumption of alcoholic beverages." insert "(D)" On page 9, line 16, strike "The" and insert "A" On page 9, line 17, after "designee or, when present, the parent or legal guardian" insert "who fails to act reasonably" On page 9, line 18, after "responsible for any" insert "reasonably foreseeable" On page 9, line 22, after "provision of transportation services" insert ", if the designee, parent or legal guardian knew or reasonably should have known that the person is under 21 and is consuming or has consumed alcoholic beverages during the provision of transportation services" On page 9, line 22, before "Nothing in this paragraph" insert "(E)" On page 9, line 25, after "of passengers." insert "(F)" On page 9, line 25, after "Nothing in this" strike "paragraph" and insert "section" On page 9, line 27, strike "(6)" and insert "(7)" On page 10, line 1, strike "(7)" and insert "(8)(A)" On page 10, line 6 after "than one party is participating on the trip, shall" insert "either" On page 10, line 8, strike "minor" and insert "person under 21 years of age who was" AB 45 (Hill) Page 19 of ? On page 10, line 11, after "doing so are" insert "reasonably" On page 10, line 12, after "services shall be forfeited and not subject to refund." Insert "(B)" On page 11, between lines 14 and 15, insert "(f) Nothing in this Law is intended to change the liability of a third party knowingly furnishing the alcoholic beverage to a person who they know or reasonably should have known to be under 21 years of age." Support : California Bus Association; California Narcotic Officers' Association; California Police Chiefs Association; California Public Utilities Commission; Crime Victims United of California; EF International Language Schools; Greater California Livery Association; Los Angeles County Sheriff's Department; Mothers Against Drug Driving; National Council on Alcoholism and Drug Dependence - Orange County; San Mateo Police Department; State Public Affairs Committee of the Junior League of California Opposition : None Known HISTORY Source : Author Related Pending Legislation : None Known Prior Legislation : AB 1407 (Committee on Judiciary, Ch. 410, Stats. 2011) re-visited the exception to the general rule of no civil liability for a social host that was carved out by AB 2486 below, to clarify that the adult had to in fact know or should have known that the person was under 21. AB 2486 (Feuer, Ch. 154, Stats. 2010) carved out an exception to the general rule precluding civil liability for a social host and allowed for a cause of action to be brought against parents, guardians or other adults who knowingly furnish alcoholic beverages at his or her residence to a person who is under 21 years of age. AB 45 (Hill) Page 20 of ? Prior Vote : Senate Energy, Utilities & Commerce Committee (Ayes 7, Noes 1) Assembly Floor (Ayes 70, Noes 0) Assembly Appropriations Committee (Ayes 17, Noes 0) Assembly Utilities & Commerce Committee (Ayes 15, Noes 0) **************