BILL ANALYSIS
AB 59
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 59 (Jeffries)
As Amended July 9, 2009
Majority vote
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|ASSEMBLY: |75-1 |(May 18, 2009) |SENATE: |38-0 |(August 27, |
| | | | | |2009) |
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Original Committee Reference: G.O.
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.
The Senate amendments :
1)Add double-jointing language to prevent a chaptering out issue
with AB 1191 (Conway).
2)Add a co-author.
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
4)Subjects a holder of a license to sell alcoholic beverages to
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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.
AS PASSED BY THE ASSEMBLY , this bill provided 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.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
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
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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
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.
Arguments in opposition : ABC 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. ABC further states, "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. Lastly, ABC declares, "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."
Prior legislation : AB 764 (Calderon), Chapter 68, Statutes of
2005, established a specified process where in the event an ID
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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. (To enrollment)
Analysis Prepared by : Eric Johnson / G. O. / (916) 319-2531
FN: 0001966