BILL ANALYSIS                                                                                                                                                                                                    


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          Bill No:  AB 1896
          Author:   Jeffries (R)
          Amended:  5/28/10 in Assembly
          Vote:     21

           SENATE GOVERNMENTAL ORG. COMMITTEE  :  8-0, 6/29/10
          AYES:  Wright, Harman, Calderon, Florez, Negrete McLeod,  
            Padilla, Price, Yee
          NO VOTE RECORDED:  Denham, Oropeza, Wyland

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8

           ASSEMBLY FLOOR  :  75-0, 6/2/10 - See last page for vote

           SUBJECT :    Alcoholic beverage control: proof of age

           SOURCE  :     Department of Alcoholic Beverage Control

           DIGEST  :    This bill recasts a section of the Alcoholic  
          Beverage Control Act related to proof-of-age and identity  
          to purchase alcoholic beverages, in order to provide  

           ANALYSIS  :    Existing law establishes the Department of  
          Alcoholic Beverage Control (ABC) and grants it exclusive  
          authority to administer the provisions of the ABC Act in  
          accordance with laws enacted by the Legislature.  

          Existing law makes it a misdemeanor for any person under  
          the age of 21 years to purchase any alcoholic beverage or  


                                                               AB 1896

          consume any alcoholic beverage in any on-sale premises.   
          Existing law also 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  

          Existing law provides that a licensee's acceptance of bona  
          fide evidence, as defined, constitutes a defense to any  
          action against the licensee.  Existing law requires that  
          evidence to contain a description of the person.

          Existing law includes, as bona fide evidence of age, a  
          military identification card issued to a member of the  
          Armed Forces that contains, among other things, a  
          description of the cardholder.  Existing law also provides,  
          however, that, if the military identification card lacks a  
          physical description but does include date of birth and a  
          photo, further proof of age is not required.

           Current Problem  .  AB 1191 (Conway), Chapter 142, Statutes  
          of 2009, authorizes U.S. and foreign passports to be used  
          as identification to purchase and consume alcoholic  
          beverages.  While the stated intent of AB 1191 was to allow  
          passports to be considered acceptable forms of  
          identification, it also inadvertently removed the  
          requirement for other forms of bona fide identification to  
          contain the presenter's name, date of birth, description  
          and picture, and only required that they be issued by a  
          governmental organization.  This significantly altered the  
          definition of bona fide evidence and left a military  
          identification card as the only document needing specific  
          features to be considered bona fide.  These identifying  
          features aid the ABC and licensees in determining if  
          identification is real or fake. 

          AB 59 (Jeffries), Chapter 405, Statutes of 2009, deleted  
          the requirement that military identification used to  
          purchase or consume alcoholic beverages contain a physical  
          description.  However, the language of Section 25660 of the  
          Business and Professions Code is now ambiguous.   
          Specifically, Subdivision (a) provides that military  
          identification must contain a physical description.   
          Subdivision (b) provides that military identification is  



                                                               AB 1896

          not required to contain a physical description.  If a  
          military identification card contains a physical  
          description, further proof of age may be required.   
          However, if a military identification card only contains a  
          date of birth and photo, further proof of age shall not be  

          According to the sponsor of this measure, the Department of  
          ABC, this bill is simply intended to add clarity to Section  
          25660 of the Business and Professions Code relating to  
          "proof-of-age."  This bill removes the ambiguity that  
          exists in current law and makes it easier for ABC and other  
          law enforcement agencies to enforce, and licensees and the  
          general public to understand the law.

           FISCAL EFFECT :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

           SUPPORT  :   (Verified  8/2/10)

          Department of Alcoholic Beverage Control (source)
          Family Winemakers of California

           ASSEMBLY FLOOR  : 
          AYES:  Adams, Ammiano, Anderson, Arambula, Bass, Beall,  
            Bill Berryhill, Blakeslee, Block, Blumenfield, Bradford,  
            Brownley, Buchanan, Caballero, Charles Calderon, Carter,  
            Chesbro, Conway, Cook, Coto, Davis, De La Torre, De Leon,  
            DeVore, Emmerson, Eng, Evans, Feuer, Fletcher, Fong,  
            Fuentes, Fuller, Furutani, Gaines, Galgiani, Garrick,  
            Gilmore, Hagman, Hall, Harkey, Hayashi, Hernandez, Hill,  
            Huber, Huffman, Jeffries, Jones, Knight, Logue, Bonnie  
            Lowenthal, Ma, Mendoza, Monning, Nava, Nestande, Niello,  
            Nielsen, Norby, V. Manuel Perez, Portantino, Ruskin,  
            Salas, Saldana, Silva, Skinner, Smyth, Solorio, Swanson,  
            Torlakson, Torres, Torrico, Tran, Villines, Yamada, John  
            A. Perez
          NO VOTE RECORDED:  Tom Berryhill, Lieu, Miller, Audra  
            Strickland, Vacancy



                                                               AB 1896

          TSM:do  8/4/2010   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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