Assemblyman Jerry Hill and the parents of Brett Studebaker – a Burlingame teenager who died in a car crash after a night of drinking on a party bus – held a news conference September 25 to celebrate the governor’s signing of Assembly Bill 45 on Sunday.
The bill, named in Brett’s memory, closes a loophole in current law that holds limousine operators, but not charter buses, responsible for underage drinking. The bill would require party bus companies to ask the person making a reservation if alcohol will be served and if there will be anyone on board under 21 years old.
Under the legislation, bus companies must notify the person making the reservation that they need to designate an adult chaperone. Bus companies will be subject to a fine of $2,000, license suspension or revocation if they do not comply. Bus drivers will be subject to a misdemeanor for noncompliance. Chaperones also will be subject to a misdemeanor for providing alcohol to a minor.
In recent years, the party bus industry has expanded, but state law has not kept pace with regulating these vehicles which are essentially “booze cruises.”
Brett Studebaker, 19, was killed on February 6, 2010, when he crashed his car into a sound wall on Highway 101 near San Mateo after spending several hours drinking on a party bus.
In response to his death, Assemblyman Hill introduced AB 45. The need for the legislation was heighted by the death in August of Natasha Noland, 25, of Santa Cruz, who died on July 27 after falling out of a party bus on Highway 17 near Los Gatos while fighting with a 20-year-old girl. Both women had been drinking.
Under AB 45 – which takes effect January 1, 2013 - responsibility for ensuring that underage drinking does not occur on party buses would be shared by bus companies, drivers and chaperones 25 years and older:
Ø The party bus company must ask the person making a reservation if alcohol will be served and if there will be passengers who are under 21 years old. The party bus company then notifies the person making the reservation that there must be a designated chaperone on board if there will be minors and alcohol on the bus.
Ø Before the party bus trip starts, the bus driver is required to have the chaperone sign a form outlining the chaperone’s responsibilities to prevent underage drinking.
Ø The chaperone must check IDs to determine who is under 21 years of age and read a statement to those passengers: Consumption of alcoholic beverages by persons under 21 is illegal. It is also illegal for an adult to provide alcoholic beverages to a person under 21. If you consume alcoholic beverages, this trip will be terminated and all payments for transportation services shall be forfeited and not subject to refund.
Ø Once the trip starts, the chaperone is responsible for letting the bus driver know if underage passengers are drinking. If so, the trip will be terminated and everyone is dropped off at the point of origin. The chaperone is responsible for making sure the intoxicated underage drinker/s gets home safely.
Ø If the group says there will be alcohol but no one under 21, and the bus driver has reason to believe that people under 21 are on board, the bus driver shall verify the age of all passengers. If the bus driver finds someone under 21, then the trip will be terminated unless alcohol is locked under the bus.
Ø If the group says they have people under 21 and no alcohol, but the bus driver has reason to believe there's alcohol, the bus driver shall verify if alcohol is on board. If they find alcohol, then the trip will be terminated unless alcohol is locked under bus.
Ø Penalties: Bus driver – misdemeanor. Chaperone – misdemeanor and potentially liability for personal injury or property damage caused by underage drinking. Party bus company – fines up to $2,000, 30 day license suspension, or license revocation.
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Nate Solov
Office of Assemblymember Jerry Hill
916-319-2019
www.asm.ca.gov/hill
The bill, named in Brett’s memory, closes a loophole in current law that holds limousine operators, but not charter buses, responsible for underage drinking. The bill would require party bus companies to ask the person making a reservation if alcohol will be served and if there will be anyone on board under 21 years old.
Under the legislation, bus companies must notify the person making the reservation that they need to designate an adult chaperone. Bus companies will be subject to a fine of $2,000, license suspension or revocation if they do not comply. Bus drivers will be subject to a misdemeanor for noncompliance. Chaperones also will be subject to a misdemeanor for providing alcohol to a minor.
In recent years, the party bus industry has expanded, but state law has not kept pace with regulating these vehicles which are essentially “booze cruises.”
Brett Studebaker, 19, was killed on February 6, 2010, when he crashed his car into a sound wall on Highway 101 near San Mateo after spending several hours drinking on a party bus.
In response to his death, Assemblyman Hill introduced AB 45. The need for the legislation was heighted by the death in August of Natasha Noland, 25, of Santa Cruz, who died on July 27 after falling out of a party bus on Highway 17 near Los Gatos while fighting with a 20-year-old girl. Both women had been drinking.
Under AB 45 – which takes effect January 1, 2013 - responsibility for ensuring that underage drinking does not occur on party buses would be shared by bus companies, drivers and chaperones 25 years and older:
Ø The party bus company must ask the person making a reservation if alcohol will be served and if there will be passengers who are under 21 years old. The party bus company then notifies the person making the reservation that there must be a designated chaperone on board if there will be minors and alcohol on the bus.
Ø Before the party bus trip starts, the bus driver is required to have the chaperone sign a form outlining the chaperone’s responsibilities to prevent underage drinking.
Ø The chaperone must check IDs to determine who is under 21 years of age and read a statement to those passengers: Consumption of alcoholic beverages by persons under 21 is illegal. It is also illegal for an adult to provide alcoholic beverages to a person under 21. If you consume alcoholic beverages, this trip will be terminated and all payments for transportation services shall be forfeited and not subject to refund.
Ø Once the trip starts, the chaperone is responsible for letting the bus driver know if underage passengers are drinking. If so, the trip will be terminated and everyone is dropped off at the point of origin. The chaperone is responsible for making sure the intoxicated underage drinker/s gets home safely.
Ø If the group says there will be alcohol but no one under 21, and the bus driver has reason to believe that people under 21 are on board, the bus driver shall verify the age of all passengers. If the bus driver finds someone under 21, then the trip will be terminated unless alcohol is locked under the bus.
Ø If the group says they have people under 21 and no alcohol, but the bus driver has reason to believe there's alcohol, the bus driver shall verify if alcohol is on board. If they find alcohol, then the trip will be terminated unless alcohol is locked under bus.
Ø Penalties: Bus driver – misdemeanor. Chaperone – misdemeanor and potentially liability for personal injury or property damage caused by underage drinking. Party bus company – fines up to $2,000, 30 day license suspension, or license revocation.
###
Nate Solov
Office of Assemblymember Jerry Hill
916-319-2019
www.asm.ca.gov/hill
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