California 2011-2012 Regular Session Status: Enacted

AB 45 — Charter-party carriers of passengers: alcoholic beverages: open containers.

Last action — Chaptered by Secretary of State - Chapter 461, Statutes of 2012.

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

This bill has been enacted into law. Introduced December 06, 2010. Enacted.

Prognosis

Likely to advance 74% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 3 sponsors

    1 primary, 2 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 8 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

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. The act, except as specified, requires the driver of any limousine for hire operated by a charter-party carrier of passengers (carrier) under a valid certificate or permit to comply with prescribed requirements relating to alcoholic beverages, including 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, requiring such a passenger to sign the statement, and, if a minor passenger, after signing the statement, is found to be, or to have been, consuming any alcoholic beverage during the course of the ride, immediately terminating the contract of hire and returning the passenger to the point of origin. The act also subjects the carrier to specified civil penalties, based on the number of offenses, for conviction of a driver, or any officer, director, agent, or employee of the carrier, of a violation of the Vehicle Code that prohibits storage of an opened container of an alcoholic beverage in a motor vehicle. This bill would repeal the above-described provisions concerning the responsibilities of a driver of a limousine for hire operated by a carrier relating to the consumption of alcoholic beverages by passengers under 21 years of age. The bill would instead require the charter-party carrier of passengers to ask the chartering party, as defined, to disclose at the time transportation service is prearranged or the contract of carriage is made and, upon being asked, would require the chartering party to disclose (1) if alcoholic beverages will be served by the chartering party, as defined, or be transported in the passenger compartment of the vehicle during transportation and (2) if any member of the party to be provided with transportation services will be under 21 years of age. The bill would require the charting party to designate a designee, as defined, and would impose different requirements for a designee of the chartering party and the driver of the vehicle depending upon the presence of specified circumstances. The bill would make the designee or, when present, the parent or legal guardian legally responsible for any reasonably foreseeable 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 under certain circumstances. The bill would make failure to comply with certain of its requirements a misdemeanor and would make any violation of its requirements by a charter-party carrier of passengers or its driver subject to civil penalties imposed by the commission. The bill, by creating a new crime, 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. Chaptered by Secretary of State - Chapter 461, Statutes of 2012.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4:40 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 6618.).

  5. Assembly Rule 77 suspended. (Page 6605.)

  6. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 31 pursuant to Assembly Rule 77.

  7. Read third time. Passed. Ordered to the Assembly. (Ayes 31. Noes 0. Page 4932.).

  8. Read second time. Ordered to third reading.

  9. Read third time and amended. Ordered to second reading.

  10. Read second time. Ordered to third reading.

  11. From committee: Do pass. (Ayes 7. Noes 0.) (August 6).

  12. Read second time and amended. Re-referred to Com. on APPR.

  13. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 4. Noes 0.) (July 3).

  14. Re-referred to Com. on JUD.

  15. Re-referred to Com. on RLS.

  16. Withdrawn from committee.

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

  18. In committee: Set, first hearing. Hearing canceled at the request of author.

  19. From committee: Do pass and re-refer to Com. on PUB. S. (Ayes 7. Noes 1.) (June 21). Re-referred to Com. on PUB. S.

  20. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on E., U., & C.

  21. Referred to Coms. on E., U., & C. and PUB. S.

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

  23. Read third time. Passed. Ordered to the Senate. (Ayes 70. Noes 0. Page 1357.)

  24. Read second time. Ordered to consent calendar.

  25. Read second time and amended. Ordered to second reading.

  26. From committee: Do pass as amended. To consent calendar. (Ayes 17. Noes 0.) (May 4).

  27. Re-referred to Com. on APPR.

  28. Read second time and amended.

  29. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 15. Noes 0.) (April 4).

  30. Re-referred to Com. on U. & C.

  31. From committee chair, with author's amendments: Amend, and re-refer to Com. on U. & C. Read second time and amended.

  32. Referred to Com. on U. & C.

  33. From printer. May be heard in committee January 6.

  34. Read first time. To print.

Sponsors

  • Alquist · Cosponsor
  • Hill · Primary
  • Lieu · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 2 co-sponsors · 119 not signed on · 1 voted No

Sponsors (1)

  • Hill

Co-sponsors (2)

  • Alquist
  • Lieu

Not signed on (119)

119 members have not signed on to this bill.

Show all 119 →

"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 45 HILL Concurrence in Senate Amendments

Passed 79 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 76001
Democratic 1000
Republican 2000
Total 79001
% of votes cast 99%0%0%1%
How each member voted (80)
Member Party Vote
Butler — Yea
Eng — Yea
Feuer — Yea
Campos — Yea
Garrick — Yea
Hagman — Yea
John A. Pérez — Yea
Mitchell — Yea
Hill — Yea
Huber — Yea
Atkins — Yea
Huffman — Yea
Knight — Yea
Carter — Yea
Portantino — Yea
Mendoza — Yea
Cedillo — Yea
Allen — Yea
Miller — Yea
Olsen — Yea
Alejo — Yea
Ammiano — Yea
Chesbro — Yea
Conway — Yea
Donnelly — Yea
Perea — Yea
Silva — Yea
Solorio — Yea
Swanson — Yea
Wagner — Yea
Wieckowski — Yea
Williams — Yea
Bonilla — Yea
Fong — Yea
Fletcher — Yea
Fuentes — Yea
Galgiani — Yea
Gordon — Yea
Gorell — Yea
Halderman — Not Voting
Hall — Yea
Harkey — Yea
Hayashi — Yea
Beall — Yea
Block — Yea
Lara — Yea
Ma — Yea
Monning — Yea
Morrell — Yea
Nestande — Yea
Norby — Yea
Torres — Yea
Achadjian — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hueso — Yea
Jeffries — Yea
Logue — Yea
Mansoor — Yea
Nielsen — Yea
Pan — Yea
Skinner — Yea
Smyth — Yea
Valadao — Yea
Cook — Yea
Davis — Yea
Dickinson — Yea
Yamada — Yea
Furutani — Yea
Gatto — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

3rd Reading AB45 Hill By Leno

Passed 31 Yea · 0 Nay · 9 Other
Party YeaNayPresentNot Voting
Unaffiliated 29008
Republican 1000
Democratic 1001
Total 31009
% of votes cast 78%0%0%23%
How each member voted (40)
Member Party Vote
Yee — Yea
Fuller — Yea
Lowenthal — Yea
Cannella — Yea
De León — Yea
Negrete McLeod — Yea
Rubio — Yea
Hancock — Yea
Runner — Not Voting
Hernandez — Yea
Blakeslee — Yea
Dutton — Yea
Huff — Yea
Leno — Yea
Lieu — Not Voting
Price — Yea
Steinberg — Yea
Vargas — Yea
Wolk — Yea
Alquist — Yea
Anderson — Yea
Harman — Not Voting
Kehoe — Yea
Liu — Not Voting
Pavley — Not Voting
Simitian — Yea
Walters — Yea
Wright — Yea
Wyland — Not Voting
Corbett — Yea
Emmerson — Yea
Correa — Yea
Evans — Yea
DeSaulnier — Not Voting
Beth Gaines — Yea
Bill Berryhill — Not Voting
La Malfa — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Not Voting
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Alquist — Yea
Dutton — Yea
Kehoe — Yea
Lieu — Yea
Price — Yea
Steinberg — Yea
Walters — Yea

Official roll call →

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

Passed 7 Yea · 1 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 6102
Republican 0001
Democratic 1000
Total 7103
% of votes cast 64%9%0%27%
How each member voted (11)
Member Party Vote
Rubio — Yea
De León — Yea
Simitian — Yea
Pavley — Not Voting
Wright — Not Voting
Corbett — Yea
DeSaulnier — Yea
Fuller — Yea
Bill Berryhill — Nay
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Not Voting

Official roll call →

AB 45 HILL Consent Calendar Second Day

Passed 70 Yea · 0 Nay · 10 Other
Party YeaNayPresentNot Voting
Unaffiliated 650010
Democratic 3000
Republican 2000
Total 700010
% of votes cast 88%0%0%13%
How each member voted (80)
Member Party Vote
Gordon — Yea
Halderman — Yea
Fuentes — Yea
Furutani — Yea
Garrick — Not Voting
Gatto — Yea
Butler — Yea
Hagman — Yea
Hall — Yea
Campos — Yea
John A. Pérez — Yea
Harkey — Yea
Fletcher — Yea
Hayashi — Yea
Huber — Yea
Hueso — Yea
Bonilla — Yea
Atkins — Yea
Jeffries — Yea
Knight — Yea
Carter — Yea
Ammiano — Yea
Beall — Yea
Chesbro — Yea
Cook — Yea
Davis — Yea
Dickinson — Yea
Donnelly — Yea
Logue — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Morrell — Yea
Nielsen — Yea
Norby — Yea
Pan — Yea
Perea — Yea
Skinner — Yea
Smyth — Yea
Swanson — Yea
Valadao — Yea
Wieckowski — Yea
Williams — Yea
Portantino — Not Voting
Mitchell — Not Voting
Gorell — Not Voting
Cedillo — Not Voting
Conway — Not Voting
Torres — Not Voting
Achadjian — Yea
Alejo — Not Voting
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hill — Yea
Huffman — Yea
Lara — Yea
Ma — Yea
Mansoor — Yea
Nestande — Yea
Olsen — Yea
Silva — Yea
Solorio — Yea
Wagner — Yea
Eng — Yea
Feuer — Yea
Galgiani — Yea
Yamada — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Not Voting
Roger Hernández — Not Voting
V. Manuel Pérez — Yea
Allen, Benjamin Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass as amended, to Consent Calendar.

Passed 17 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 16000
Democratic 1000
Total 17000
% of votes cast 100%0%0%0%
How each member voted (17)
Member Party Vote
Campos — Yea
Hall — Yea
Harkey — Yea
Mitchell — Yea
Lara — Yea
Donnelly — Yea
Norby — Yea
Wagner — Yea
Blumenfield — Yea
Bradford — Yea
Hill — Yea
Nielsen — Yea
Solorio — Yea
Davis — Yea
Fuentes — Yea
Gatto — Yea
Calderon, Lisa Democratic Yea

Official roll call →

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

Passed 15 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 14000
Democratic 1000
Total 15000
% of votes cast 100%0%0%0%
How each member voted (15)
Member Party Vote
Fletcher — Yea
Fuentes — Yea
Furutani — Yea
Garrick — Yea
Carter — Yea
Huffman — Yea
Knight — Yea
Nestande — Yea
Swanson — Yea
Valadao — Yea
Bradford — Yea
Buchanan — Yea
Ma — Yea
Roger Hernández — Yea
Fong, Mike Democratic Yea

Official roll call →

Subjects

public-safety transportation
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 45 do?
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. The act, except as specified, requires the driver of any limousine for hire operated by a charter-party carrier of passengers (carrier) under a valid certificate or permit to comply with prescribed requirements relating to alcoholic beverages, including 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, requiring such a passenger to sign the statement, and, if a minor passenger, after signing the statement, is found to be, or to have been, consuming any alcoholic beverage during the course of the ride, immediately terminating the contract of hire and returning the passenger to the point of origin. The act also subjects the carrier to specified civil penalties, based on the number of offenses, for conviction of a driver, or any officer, director, agent, or employee of the carrier, of a violation of the Vehicle Code that prohibits storage of an opened container of an alcoholic beverage in a motor vehicle. This bill would repeal the above-described provisions concerning the responsibilities of a driver of a limousine for hire operated by a carrier relating to the consumption of alcoholic beverages by passengers under 21 years of age. The bill would instead require the charter-party carrier of passengers to ask the chartering party, as defined, to disclose at the time transportation service is prearranged or the contract of carriage is made and, upon being asked, would require the chartering party to disclose (1) if alcoholic beverages will be served by the chartering party, as defined, or be transported in the passenger compartment of the vehicle during transportation and (2) if any member of the party to be provided with transportation services will be under 21 years of age. The bill would require the charting party to designate a designee, as defined, and would impose different requirements for a designee of the chartering party and the driver of the vehicle depending upon the presence of specified circumstances. The bill would make the designee or, when present, the parent or legal guardian legally responsible for any reasonably foreseeable 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 under certain circumstances. The bill would make failure to comply with certain of its requirements a misdemeanor and would make any violation of its requirements by a charter-party carrier of passengers or its driver subject to civil penalties imposed by the commission. The bill, by creating a new crime, 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 45?
AB 45 is sponsored by Alquist, Hill, and Lieu.
What is the current status of AB 45?
This bill has been enacted into law. Introduced December 06, 2010. Enacted.
Where can I track AB 45?
Track AB 45 free on One Click Politics — get push/email alerts when it moves.

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