BILL ANALYSIS
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THIRD READING
Bill No: AB 59
Author: Jeffries (R), et al
Amended: 5/11/09 in Assembly
Vote: 21
SENATE GOVERNMENTAL ORG. COMMITTEE : 11-0, 6/23/09
AYES: Wright, Harman, Benoit, Denham, Florez, Negrete
McLeod, Oropeza, Padilla, Price, Wiggins, Yee
NO VOTE RECORDED: Calderon, Wyland
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 75-1, 5/18/09 - See last page for vote
SUBJECT : Alcoholic beverages: proof of age: military
identification
cards
SOURCE : Author
DIGEST : This bill 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.
ANALYSIS :
Existing law:
CONTINUED
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1. 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.
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.
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 also requires that evidence
to contain a description of the person.
3. Includes a military identification (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.
This bill amends an existing provision of the Alcoholic
Beverage Control Act related to documentary evidence of age
with respect to a military 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.
Background
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
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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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 7/7/09)
American Legion, Department of California
Vietnam Veterans of America, California State Council
OPPOSITION : (Verified 7/7/09)
Department of alcoholic Beverage Control
ARGUMENTS IN SUPPORT : According to the author's office,
this bill 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
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's office asserts that many soldiers and sailors
carry only their military ID, especially when stationed
away from their home state. Other states, including New
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York, Florida, and Illinois specifically allow military IDs
to be used as proof of age for the purchase of alcohol.
The author's office states, "I believe California should
join those states in honoring our military by honoring
their ID cards." Furthermore, the author's office argues
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 provided the ID includes
date of birth and photo.
ARGUMENTS IN OPPOSITION : According to the Department of
Alcoholic Beverage Control who is opposed to this bill for
the following reasons, "The bill would allow identification
cards issued to members of the Armed Forces to be used as
bona fide evidence of majority for the purpose of
establishing a defense to administrative or criminal action
against a licensee or a licensee's employee.
"The bill would weaken an established, objective legal
standard for bona fide evidence of majority and would
create an inconsistent and potentially confusing standard
for business owners, law enforcement officials and the
general public.
"The bill could make the detection of false identification
more difficult, which could lead to increased use of false
identification and increased instances of youth access to
alcohol."
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill
Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield,
Brownley, Buchanan, Caballero, Charles Calderon, Chesbro,
Conway, Cook, Coto, Davis, De La Torre, De Leon, DeVore,
Duvall, Emmerson, Evans, Feuer, Fletcher, Fong, Fuentes,
Fuller, Furutani, Gaines, Galgiani, Garrick, Gilmore,
Hagman, Harkey, Hayashi, Hernandez, Hill, Huber, Huffman,
Jeffries, Jones, Knight, Krekorian, Lieu, Logue, Bonnie
Lowenthal, Ma, Mendoza, Miller, Monning, Nava, Nestande,
Niello, Nielsen, John A. Perez, V. Manuel Perez,
Portantino, Ruskin, Salas, Silva, Skinner, Smyth,
Solorio, Audra Strickland, Swanson, Torlakson, Torres,
Torrico, Tran, Villines, Yamada, Bass
NOES: Hall
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NO VOTE RECORDED: Carter, Eng, Price, Saldana
TSM:do 7/7/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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