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
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|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 | | |
| | | | |
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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
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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