BILL ANALYSIS AB 1896 Page 1 ASSEMBLY THIRD READING AB 1896 (Jeffries) As Amended May 28, 2010 Majority vote GOVERNMENTAL ORGANIZATION 20-0APPROPRIATIONS 12-0 ----------------------------------------------------------------- |Ayes:|Coto, Blakeslee, Chesbro, |Ayes:|Fuentes, Ammiano, | | |Cook, | |Bradford, | | |De Leon, Evans, Galgiani, | |Charles Calderon, Coto, | | |Hernandez, Hill, | |Davis, Monning, Ruskin, | | |Jeffries, Lieu, Ma, | |Skinner, Solorio, | | |Mendoza, Nestande, | |Torlakson, Torrico | | |V. Manuel Perez, | | | | |Portantino, Silva, | | | | |Torres, Torrico, Tran | | | | | | | | ----------------------------------------------------------------- SUMMARY : Makes clarifying changes to the Alcoholic Beverage Control Act (Act) concerning the use of passports and military identification as proof of age. Specifically, this bill revises the provision relating to the use of military identification cards as proof of age for purposes of purchasing or consuming of alcoholic beverages, to directly specify that a valid identification card issued to a member of the Armed Forces, that includes the date of birth and a photo of the person would, under all circumstances, constitute bona fide evidence of age, as defined. EXISTING LAW : 1)Establishes ABC and grants it the exclusive authority to administer the provisions of the Act in accordance with laws enacted by the Legislature. 2)Provides that, if a military identification card lacks a physical description, but does include date of birth and photo, further proof of majority shall not be required to purchase or consume any alcoholic beverage, as specified. 3)Authorizes the acceptance of a valid passport, issued by the United States government or a foreign government, as bona fide evidence that a person is 21 years of age or older. AB 1896 Page 2 4)Subjects a holder of a license to sell alcoholic beverages to criminal prosecution and suspension or revocation of that license if the licensee sells any alcoholic beverages to any person under the age of 21 years. Makes it a misdemeanor for any person under the age of 21 years to purchase any alcoholic beverage or consume any alcoholic beverage in any on-sale premises. FISCAL EFFECT : According to the Assembly Appropriations Committee, there are no significant costs related to this legislation. COMMENTS : According to the author, this bill is clean-up measure to AB 59 (Jeffries), Chapter 405, Statutes of 2009, which provided that, if a military identification card lacks a physical description, but does include date of birth and photo, further proof of majority shall not be required to purchase or consume any alcoholic beverage, as specified. This bill clarifies that, identification issued by a governmental organization (except passports and military cards) that is used to prove age and identity to purchase or consume alcoholic beverages must contain the name, date of birth, description, and picture of the person. Recently, ABC determined that current statute as authorized by last year's bill might lead to confusion and inconsistent application on the part of the retail alcoholic beverage industry, law enforcement officials and the general public. Prior legislation: AB 59 (Jeffries), Chapter 405, Statutes of 2009, provides that, if a military identification card lacks a physical description, but does include date of birth and photo, further proof of majority shall not be required to purchase or consume any alcoholic beverage, as specified. AB 1191 (Conway), Chapter 142, Statutes of 2009, authorizes the acceptance of a valid passport, issued by the United States government or a foreign government, as bona fide evidence that a person is 21 years of age or older. AB 764 (Calderon), Chapter 68, Statutes of 2005, establishes a specified process where in the event an ID card issued to a member of the Armed Forces is provided as proof of age 21 when purchasing alcohol beverages, and the ID lacks a physical AB 1896 Page 3 description, then proof of being age 21 may be further substantiated if a motor vehicle operator's license or other valid bona fide identification issued by any government jurisdiction is also provided as specified. Analysis Prepared by : Eric Johnson / G. O. / (916) 319-2531 FN: 0004666