BILL ANALYSIS
AB 59
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Date of Hearing: April 22, 2009
ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION
Curren Price, Chairman
AB 59 (Jeffries) - As Introduced: December 5, 2008
SUBJECT : Alcoholic beverages: proof of age: military
identification cards.
SUMMARY : Provides that, if a military identification card
lacks a physical description, further proof of majority shall
not be required to purchase or consume any alcoholic beverage,
as specified.
EXISTING LAW :
1)Establishes the Department of Alcoholic Beverage Control (ABC)
and grants it the exclusive authority to administer the
provisions of the Alcoholic Beverage Control Act (Act) in
accordance with laws enacted by the Legislature.
2)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.
3)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.
4)Provides that a licensee's acceptance of bona fide evidence,
as defined, constitutes a defense to any action against the
licensee. Requires that evidence to contain a description of
the person.
5)Provides that bona fide evidence of majority and identity of
the person is a document issued by a federal, state, county,
or municipal government, or subdivision or agency thereof,
including, but not limited to, a motor vehicle operator's
license or an identification card issued to a member of the
Armed Forces, that contains the name, date of birth,
description, and picture of the person.
6)Authorizes the acceptance of a military identification card
that lacks a physical description as bona fide evidence that a
AB 59
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person is 21 years of age, provided that proof of majority is
further substantiated with other identification, as specified.
FISCAL EFFECT : Unknown
COMMENTS :
Under current law, licensees who sell alcohol in California are
required to accept specific pieces of photo-identification
listed in the ABC Act to establish a person's age. The
allowable pieces of identification (ID) include bona fide
evidence of majority and identity of the person in a document
issued by a federal, state, county, or municipal government, or
subdivision or agency thereof, including, but not limited to, a
motor vehicle operator's license that contains the name, date of
birth, description, and picture of the person.
The ABC Act contains a requirement that a military ID contain a
photo, date of birth, and a physical description of the person.
Military cards issued by the Armed Forces, until 2000 contained
height, weight, hair color, and eye color. For security
purposes, that information is now electronically encrypted in
order to avoid tampering with the card.
To address the change in military identification cards, the
Legislature passed and the Governor signed AB 764 (Calderon),
Chapter 68, Statutes of 2005. The bill established a process
where in the event an ID card issued to a member of the Armed
Forces is provided as proof of age when purchasing alcohol, and
the ID lacks a physical 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. Proponents stated
that the bill ensured legal protection for both the holder of an
alcohol license and service member.
Purpose of the bill . The author states that recently in his
district, a group of Marines from Camp Pendleton were denied the
ability to purchase alcohol with their military ID cards during
a banquet hosted by the City of Temecula. The author maintains
that the incident in Temecula highlighted the problem with
current law. The author states, "I believe the establishment
wished to serve them, but they were following the letter of the
law. The Marines, city officials, and the management of the
establishment were equally frustrated by the lack of clarity in
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the ABC Act."
The author asserts that many soldiers and sailors carry only
their military ID, especially when stationed away from their
home state. Other states, including New York, Florida, and
Illinois specifically allow military identifications to be used
as proof of age for the purchase of alcohol. The author states,
"I believe California should join those states in honoring our
military by honoring their ID cards."
The author states this bill is necessary to clarify the right of
military men and women (21 and above) to use their
military-issued ID to purchase alcohol in California.
Policy consideration . Does this bill increase the defense of a
defendant-licensee by providing that, if the military
identification card lacks a physical description, further proof
of majority shall not be required? By stating, "further proof
of majority shall not be required" it stipulates that a licensee
shall accept the military ID.
Does this bill remove the right of a licensee to require a
second form of ID or ask questions to substantiate an
individuals' age?
Does AB 59 diminish the ability to pursue administrative or
criminal prosecution of the seller or the licensee for selling
alcohol to a minor in cases of using a military ID, regardless
of how unreasonable it might be to accept or rely upon such ID?
(For example, a seventeen-year old using a military ID as proof
of age).
Prior legislation . AB 764 (Calderon), Chapter 68, Statutes of
2005. Established 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 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.
Related legislation . AB 1191 (Conway) of 2009, would authorize
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. (Pending in Assembly G.O.
AB 59
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Committee)
REGISTERED SUPPORT / OPPOSITION :
Support
American Legion, Department of California
Vietnam Veterans of America, California State Council
Opposition
None on file
Analysis Prepared by : Eric Johnson / G. O. / (916) 319-2531