BILL ANALYSIS �
AB 45
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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
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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