BILL ANALYSIS
AB 59
Page 1
ASSEMBLY THIRD READING
AB 59 (Jeffries)
As Amended May 11, 2009
Majority vote
GOVERNMENTAL ORGANIZATION 13-3 APPROPRIATIONS 14-2
------------------------------------------------------------------------
|Ayes:|Anderson, Cook, Coto, De |Ayes:|De Leon, Nielsen, Ammiano, |
| |Leon, Galgiani, Jeffries, | |Charles Calderon, Davis, Duvall, |
| |Lieu, Nestande, | | |
| |Portantino, Silva, | |Fuentes, Harkey, Miller, |
| |Torres, Torrico, Tran | |John A. Perez, Skinner, Solorio, |
| | | | |
| | | |Audra Stickland, Torlakson |
| | | | |
|-----+--------------------------+-----+---------------------------------|
|Nays:|Price, Hall, Hill |Nays:|Hall, Price |
| | | | |
------------------------------------------------------------------------
SUMMARY : 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.
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)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.
3)Authorizes the acceptance of a military identification card that
lacks a physical description as bona fide evidence that a person
is 21 years of age, provided that proof of majority is further
substantiated with other identification, as specified
AB 59
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.
5)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.
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
AB 59
Page 3
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 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.
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
Appropriations Committee)
Analysis Prepared by : Eric Johnson / G. O. / (916) 319-2531
AB 59
Page 4
FN: 0000610