BILL ANALYSIS
Bill No: AB
59
SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
Senator Roderick D. Wright, Chair
2009-2010 Regular Session
Staff Analysis
AB 59 Author: Jeffries
As Amended: May 11, 2009
Hearing Date: June 23, 2009
Consultant: Art Terzakis
SUBJECT
Alcoholic Beverages: proof of age: military identification
cards
DESCRIPTION
AB 59 amends an existing provision of the Alcoholic
Beverage Control (ABC) Act related to documentary evidence
of age with respect to a military identification (ID) card
to clarify that if a military ID 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.
EXISTING LAW
Existing law establishes the Department of Alcoholic
Beverage Control 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
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
years. Existing law provides that a licensee's acceptance
of bona fide evidence of majority and identity constitutes
a defense to any action against the licensee. Existing law
AB 59 (Jeffries) continued
Page 2
also requires that evidence to contain a description of the
person.
Existing law includes a military ID card issued to a member
of the Armed Forces as an eligible ID card so long as that
card includes a description of the cardholder, including
name, date of birth and picture. For security reasons, ID
cards issued by the Armed Forces, no longer contain a
physical description of the cardholder - that information
is electronically encrypted in order to avoid tampering
with the card. The law authorizes the acceptance of a
military ID card as bona fide evidence that a person is 21
years of age, provided that proof is further substantiated
with other identification, as specified.
BACKGROUND
As noted above, the ABC Act contains a requirement that a
military ID contain a photo, name, 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 ID cards, AB 764
(Calderon), Chapter 68 was enacted in 2005. AB 764
stipulated 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. AB 764 ensured
legal protection for both the holder of an alcohol license
and service member.
Purpose of AB 59: The author points out that this measure
stems from an incident in his district involving a group of
Marines from Camp Pendleton who 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 highlighted the problem with
current law. The author states, "I believe the
establishment wished to serve them, but they were following
AB 59 (Jeffries) continued
Page 3
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 IDs 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." Furthermore, the author argues AB 59 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 provided the ID includes date of birth and
photo .
PRIOR/RELATED LEGISLATION
AB 1191 (Conway) 2009-10 Session. Would allow licensees
selling alcoholic beverages to accept U.S. passports and
foreign passports as proof of age. (Pending in this
committee)
AB 764 (Calderon) Chapter 68, Statutes of 2005. Authorized
the acceptance of a military identification card as bona
fide evidence that a person is 21 years of age, provided
that proof of majority is further substantiated with other
identification.
SUPPORT: As of June 19, 2009:
American Legion, Department of California
Vietnam Veterans of America, California State Council
OPPOSE: None on file as of June 19, 2009.
FISCAL COMMITTEE: Senate Appropriations Committee