AB 3117: Alcoholic beverages: evidence of majority and identity.
- Session Year: 2023-2024
- House: Assembly
- Latest Version Date: 2024-02-16
Current Status:
Failed
(2024-05-16: In committee: Held under submission.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
Existing law, the Alcoholic Beverage Control Act, establishes the Department of Alcoholic Beverage Control to prohibit unlicensed manufacturing, selling, and disposing of alcoholic beverages, among other things. Under existing law, it is a misdemeanor for a person under the age of 21 years to purchase or consume an alcoholic beverage, as provided. The act 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 an alcoholic beverage to a person under the age of 21 years. Existing law specifies documents, including, among others, a valid motor vehicle operators license issued by the state, that are bona fide evidence of majority and identity of a person and makes reliance upon that evidence a defense to a criminal action against the licensee.
Existing law authorizes the Department of Motor Vehicles to establish a pilot program to evaluate the use of optional mobile or digital alternatives to drivers licenses and identification cards.
This bill would make a mobile or digital drivers license or identification card bona fide evidence of majority and identity of a person provided the Department of Motor Vehicles authorizes the use of those licenses or identification cards without the possession of a physical drivers license or identification card.
(a)Bona fide evidence of majority and identity of the person is any of the following:
(1)(A)A document issued by a federal, state, county, or municipal government, or subdivision or agency thereof, including, but not limited to, a valid motor vehicle operators license, that contains the name, date of birth, description, and picture of the person.
(B)This paragraph includes a digital drivers license or identification card that validates the holders age as being 21 years or older and is issued pursuant to Section 13020 of the Vehicle Code provided that the Department of Motor Vehicles authorizes the use of a digital drivers license or identification card without possession of a physical drivers license or state-issued identification card.
(2)A valid passport issued by the United States or by a foreign government.
(3)A valid identification card issued to a member of the Armed Forces that includes a date of birth and a picture of the person.
(b)Proof that the defendant-licensee, or his or her their employee or agent, demanded, was shown, and acted in reliance upon bona fide evidence in any transaction, employment, use, or permission forbidden by Section 25658, 25663, or 25665 shall be a defense to any criminal prosecution therefor or to any proceedings for the suspension or revocation of any license based thereon.
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Date
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Status
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| May 16, 2024 | In committee: Held under submission. |
| May 8, 2024 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| Apr 23, 2024 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 15. Noes 0.) (April 22). Re-referred to Com. on APPR. |
| Apr 4, 2024 | From committee: Do pass and re-refer to Com. on TRANS. (Ayes 19. Noes 1.) (April 3). Re-referred to Com. on TRANS. |
| Mar 11, 2024 | Referred to Coms. on G.O. and TRANS. |
| Feb 17, 2024 | From printer. May be heard in committee March 18. |
| Feb 16, 2024 | Read first time. To print. |
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Date
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Description
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Location
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Votes
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| Apr 22, 2024 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Transportation |
Passed |
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| Apr 3, 2024 | Do pass and be re-referred to the Committee on [Transportation] | Assembly Standing Committee on Governmental Organization |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
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Organization
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Position
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Date
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| Alcohol Justice | ** Support |
Date of Hearing: May 8, 2024
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Buffy Wicks, Chair
ABPCA Bill Id:AB 3117
Author:(Wilson) – As Introduced Ver:February 16, 2024
Policy Committee: | Governmental Organization | Vote: | 19 - 1 |
Transportation | 15 - 0 | ||
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Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill allows, under certain conditions not yet applicable, a person to use a mobile or digital driver’s license (DL) or identification (ID) card issued by the Department of Motor Vehicles (DMV) to verify the person’s age for purposes of the Alcoholic Beverage Control Act (Act).
Specifically, this bill makes a mobile or digital DL or ID card bona fide evidence of majority and identity of a person under the Act, if the digital card is issued through the DMV’s pilot program to evaluate the use mobile or digital identification alternatives and the DMV authorizes the use of digital identification without possession of a physical card.
FISCAL EFFECT:
- Minor and absorbable costs to the Department of Alcoholic Beverage Control (ABC) to update guidance for its licensees, when applicable.
This committee sees a wide array of bills that propose to modify the scope of alcohol laws. Generally, bills such as this one that creates a new authorization do not generate major new workload for ABC, but taken together, these proposals could lead to significant new costs and future budget requests. In this case, under the DMV’s pilot program, licensees may already check a user’s mobile driver’s license (mDL), but the user must have their physical card readily accessible.
- Cost pressures of an unknown, but potentially significant amount, in excess of $150,000, to the DMV to make the digital identification pilot program permanent (General Fund). The Budget Act of 2021 appropriated $10 million to the DMV to develop the mDL as a limited-term pilot program. This bill creates permanent statutory authorization for a use of the mDL not yet permitted under current pilot program rules.
According to the Legislative Analyst’s Office, the GF faces a structural deficit in the tens of billions of dollars over the next several fiscal years.
COMMENTS:
- Purpose. According to the author:
[This bill] will modernize California law to make it explicitly clear that a digital [DL] approved by the DMV can also be used as bona fide evidence of majority and identity of a person when purchasing alcohol. This current law was written well before digital identifications were contemplated and should be updated to provide clarity for the thousands of stakeholders it impacts.
This bill is supported by Alcohol Justice.
- DMV’s Digital Identification Pilot Program. In September 2023, the DMV introduced a pilot program to allow California residents to use digital alternatives to DL and ID cards. The mDL is a free digital version of a person’s license kept on their smartphone via a DMV Wallet application. During the pilot phase, drivers are still required to have their physical DL accessible when needed. According to the DMV, more than 300,000 residents have downloaded the mDL. The DMV has the authority to accept 1.5 million residents (5% of card holders) into the program, which is authorized through June 30, 2026.
The DMV is currently testing the mDL at select airports, including the international airports in San Francisco, Los Angeles, and San Jose. Additionally, a small number of retail locations in Los Angeles and Sacramento have permission to test the use of mDLs to purchase age-restricted goods, such as alcohol. To buy such products, a user must activate the TruAge capability in their DMV Wallet to securely verify the user’s age. The DMV intends to soon extend use of the mDL to additional retail locations throughout the state. This bill specifies that an mDL issued through the DMV’s pilot program that validates the holder’s age as being 21 years or older is bona fide evidence of majority and identity to purchase alcohol under the Act.
However, this bill limits such use to the extent that the DMV authorizes the use of the mDL or digital ID card without possession of a physical DL or ID card. As detailed above, the DMV’s pilot program requires a driver to still have their physical DL accessible when needed. Thus, this bill will not change current practice until the DMV authorizes use of an mDL or digital ID card without physical possession of the user’s valid card. As noted in the Assembly Governmental Organization Committee’s analysis of this bill, the author should consider an amendment to “ensure that the DMV consults with ABC in authorizing a mDL for alcohol purchases without a physical [DL] or [ID].”
Analysis Prepared by: Irene Ho / APPR. / (916) 319-2081
Date of Hearing: April 22, 2024
ASSEMBLY COMMITTEE ON TRANSPORTATION
Lori D. Wilson, Chair
ABPCA Bill Id:AB 3117 (
Author:Wilson) – As Introduced Ver:February 16, 2024
SUBJECT: Alcoholic beverages: evidence of majority and identity
SUMMARY: Makes a mobile or digital driver’s license or identification (ID) card bona fide evidence of majority and identity of a person provided the Department of Motor Vehicles (DMV) authorizes their use without the possession of a physical driver’s license or ID card. Specifically, this bill:
- Provides in the Department of Alcoholic Beverage Control Act (ABC Act) that bona fide evidence of majority and identity of the person shall include a digital driver’s license or ID card that validates the holder’s age as being 21 years or older, as defined, provided that the DMV authorizes the use of a digital driver’s license or ID card without possession of a physical driver’s license or state-issued ID card.
EXISTING LAW:
1) Authorizes the DMV to establish a pilot program to evaluate the use of optional mobile or digital alternatives to driver’s licenses and ID cards, subject to certain requirements, including, but not limited to, the voluntary participation of persons in the program and a limitation on the percentage of licensed drivers (No more than 5%) that can participate in the program. The defined requirements are as follows:
a) Requires the department, in developing and implementing the use of digital driver’s licenses and ID cards, to ensure the protection of personal information and include specified security features that protect against unauthorized access to information.
b) Requires the department, if it conducts the pilot program, to submit a report to the Legislature, no later than July 1, 2026, that includes specified information.
c) Requires the department, as part of the 2022–23 Budget, to report to the Legislature on the status of the pilot program, as provided. (California Vehicle Code § 13020)
2) Provides a participant in any pilot program established by the DMV may terminate their participation in the pilot program at any time, and may, upon termination, request the deletion of any data associated with their participation in the program. Within 10 days of any such request, the department and all entities contracted with the department for the purpose of effectuating the pilot program shall delete all data collected or maintained pursuant to the participant’s participation in the program. (California Vehicle Code § 13020)
3) Provides all participants shall receive both a physical and, if requested, an immutable and unique driver’s license or ID card. (California Vehicle Code § 13020)
4) Provides the California Department of Alcoholic Beverage Control (ABC) has the exclusive power to regulate the manufacture, importation and sale of alcoholic beverages, as well as the licensing and operation of alcoholic beverage retailers. (California Business and Professions Code § 23200, et seq.) The ABC was first made effective on January 1st of 1955 as the result of a constitutional amendment.
5) Provides, it is a misdemeanor for a person under the age of 21 years to purchase or consume an alcoholic beverage, as provided.
6) Provides that bona fide evidence of majority and identity of the person is any of the following:
a) A document issued by a federal, state, county, or municipal government, or subdivision or agency thereof, including, but not limited to, a valid motor vehicle operator’s license, that contains the name, date of birth, description, and picture of the person.
b) A valid passport issued by the United States or by a foreign government.
c) A valid ID card issued to a member of the Armed Forces that includes a date of birth and a picture of the person.
7) Subjects a holder of an ABC 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.
8) Provides that an ABC 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 physical pieces of photo-identification listed in the ABC Act to establish a person's age. In addition, a person who is driving must provide an officer a physical driver’s license when requested. An individual who has a valid driver’s license, but does not have it with them at the time they are requested by a law enforcement officer, could be charged with an infraction or misdemeanor.
According to the author, this bill “will modernize California law to make it explicitly clear that a digital driver’s license approved by the DMV can also be used as bona fide evidence of majority and identity of a person when purchasing alcohol. This current law was written well before digital identifications were contemplated and should be updated to provide clarity for the thousands of stakeholders it impacts.”
DMV’s mobile ID card and driver’s license pilot. The DMV introduced a pilot program in September 2023 that allowed California residents to use digital alternatives to driver’s licenses and ID cards. DMV is currently testing the mobile driver’s license (mDL) at select locations and airports as part of the pilot. The mDL allows users to keep digital versions of their license on their smartphone via a free DMV Wallet app. During the pilot, drivers must still have their physical cards accessible when needed.
According to the DMV, more than 300,000 Californians have downloaded the mDL. The DMV has authority to accept about 1.5 million (5% of card holders) residents into the pilot. The pilot is active through June 30, 2026.
According to the DMV, the CA DMV Wallet app does not track an individual’s usage, and no data leaves a device without their consent. The DMV FAQs states that the app “lowers the potential for fraud and identity theft” posed by physical IDs by providing “accurate, secure proof of identity to the businesses you interact with,” and limiting the amount of information another person or device can see. While a physical card will reveal a person's name, photo, birthdate, and address all at once, the app "will only share necessary info."
The CA DMV mDL Reader can be used to scan mDL QR codes that are presented by another mDL holder. The person verifying the information will receive confirmation that the mDL holder is over a certain age or in some cases, can view the mDL holder’s personal identifying information. The mDL holder has the option of disclosing or not disclosing their information to the party making the request.
Law enforcement, state government agencies, and businesses are not yet accepting the mDL. Currently, the mDL is accepted in California at most TSA terminals” including San Francisco International Airport, Los Angeles International Airport, San Jose Mineta International Airport and certain airports across the U.S. It should be noted that the mDL is only available for TSA PreCheck passengers because the app is in the initial stages of its pilot. So a passenger without PreCheck, will still have to present their physical ID even if they have the mDl. The DMV anticipates other uses for the mDL in the future including government services, financial institutions, and law enforcement to improve access and reduce identity fraud.
As far as using the mDL to buy age-restricted products like alcohol and tobacco, an individual would have to activate the TruAge capability in their CA DMV Wallet. Then share their TruAge QR code at checkout to safely and securely verify their age, while protecting their privacy. Only a small number of retail locations in Los Angeles and Sacramento have been given permission to test the use of mDLs to purchase age-restricted goods thus far. The DMV has declared its intention to soon extend the use of the mDL to additional retail locations throughout the state. If an individual does not enable TruAge as part of their mDL, they will need a physical ID for any purchases or locations where proof of age is required.
According to the DMV, while the pilot program continues to expand, legislative action will be needed to make the mDL permanent. If the mDL program becomes permanent, the Legislature would determine if California residents would still need to use a physical driver’s license along with it.
Buying alcoholic beverages in California. Except as otherwise provided in the ABC Act, every person who sells, furnishes, gives, or causes to be sold, furnished, or given away, any alcoholic beverage to any person under the age of 21 years is guilty of a misdemeanor. Any on-sale licensee who knowingly permits a person under the age of 21 years to consume any alcoholic beverage in the on-sale premises, whether or not the licensee has knowledge that the person is under the age of 21 years, is guilty of a misdemeanor.
Under the ABC Act, bona fide evidence of majority and identity of the person is any of the following: 1) a document issued by a federal, state, county, or municipal government, or subdivision or agency thereof, including, but not limited to, a valid motor vehicle operator’s license, that contains the name, date of birth, description, and picture of the person; 2) a valid passport issued by the United States or by a foreign government; and 3) a valid ID card issued to a member of the Armed Forces that includes a date of birth and a picture of the person.
Proof that the defendant-licensee, or his or her employee or agent, demanded, was shown, and acted in reliance upon bona fide evidence in any transaction, employment, use, or permission forbidden by Section 25658, 25663,or 25665 shall be a defense to any criminal prosecution therefor or to any proceedings for the suspension or revocation of any license based thereon.
For the purpose of preventing the ABC Act, any licensee, or his or her agent or employee, may refuse to sell or serve alcoholic beverages to any person who is unable to produce adequate written evidence that he or she is over the age of 21 years. A licensee, or his or her agent or employee, may seize any identification presented by a person that shows the person to be under the age of 21 years or that is false, so long as a receipt is given to the person from whom the identification is seized and the seized identification is given within 24 hours of seizure to the local law enforcement agency that has jurisdiction over the licensed premises. A licensee, his or her agent or employees, decision to not seize a license shall not create any civil or criminal liability.
Writing in support, Alcohol Justice states “we are currently operating on faith that there is limited opportunity to create a false identity, gain access to another’s identity, or employ the digital verification system in a way that confuses retailers. We believe the DMV should carefully monitor instances of fraud, including sales to false or stolen digital IDs, and be prepared to rapidly rescind this permission if it seems to be less reliable than paper IDs, or if ABC’s TRACE operations or other underage drinking accountability efforts find a disproportionate use of digital IDs. We strongly urge the authors to incorporate some kind of claw back language to this effect. Likewise, we strongly recommend funding for training and outreach to retailers for how to ensure they are registering a legitimate digital ID.”
Prior legislation. SB 125 (Committee on Budget and Fiscal Review), Chapter 54, Statutes of 2023 expanded the percentage of licensed drivers who can participate in the DMV pilot programs to evaluate the use of optional mobile or digital alternatives to driver’s licenses and identification cards from 0.5% to 5% of licensed drivers.
AB 149 (Committee on Budget), Chapter 81, Statutes of 2021 authorized the DMV to establish a pilot program to evaluate the use of optional mobile or digital alternatives to driver’s licenses and ID cards, subject to certain requirements, including, but not limited to, the voluntary participation of persons in the program and a limitation on the percentage of licensed drivers that can participate in the program.
AB 59 (Jeffries), Chapter 405, Statutes of 2009 provided 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, as specified.
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
AB 1191 (Conway), Chapter 142, Statutes of 2009 authorized 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.
SB 806 (Hueso), Chapter 569, Statutes of 2013 authorized the DMV to establish a pilot program to evaluate the use of alternatives to license plates, registration stickers, and registration cards.
REGISTERED SUPPORT / OPPOSITION:
Support
Alcohol Justice
Opposition
None on file
Analysis Prepared by: David Sforza / TRANS. / (916) 319-2093
Date of Hearing: April 3, 2024
ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION
Blanca Rubio, Chair
ABPCA Bill Id:AB 3117 (
Author:Wilson) – As Introduced Ver:February 16, 2024
SUBJECT: Alcoholic beverages: evidence of majority and identity
SUMMARY: In regard to the Department of Alcoholic Beverage Control Act (ABC Act) and the ability to purchase or consume alcohol, this bill would make a mobile or digital driver’s license or identification card bona fide evidence of majority and identity of a person provided the Department of Motor Vehicles (DMV or department) authorizes the use of those licenses or identification cards without the possession of a physical driver’s license or identification card. Specifically, this bill:
1) Provides in the ABC Act that bona fide evidence of majority and identity of the person shall include a digital driver’s license or identification card that validates the holder’s age as being 21 years or older, as defined, provided that the department authorizes the use of a digital driver’s license or identification card without possession of a physical driver’s license or state-issued identification card.
EXISTING LAW:
1) Authorizes the DMV to establish a pilot program to evaluate the use of optional mobile or digital alternatives to driver’s licenses and identification cards, subject to certain requirements, including, but not limited to, the voluntary participation of persons in the program and a limitation on the percentage of licensed drivers (No more than 5 percent) that can participate in the program. The defined requirements are as follows:
a) Requires the department, in developing and implementing the use of digital driver’s licenses and identification cards, to ensure the protection of personal information and include specified security features that protect against unauthorized access to information.
b) Requires the department, if it conducts the pilot program, to submit a report to the Legislature, no later than July 1, 2026, that includes specified information.
c) Requires the department, as part of the 2022–23 Budget, to report to the Legislature on the status of the pilot program, as provided. (California Vehicle Code § 13020)
2) Provides a participant in any pilot program established by the DMV may terminate their participation in the pilot program at any time, and may, upon termination, request the deletion of any data associated with their participation in the program. Within 10 days of any such request, the department and all entities contracted with the department for the purpose of effectuating the pilot program shall delete all data collected or maintained pursuant to the participant’s participation in the program. (California Vehicle Code § 13020)
3) Provides all participants shall receive both a physical and, if requested, an immutable and unique driver’s license or identification card. (California Vehicle Code § 13020)
4) Provides the California Department of Alcoholic Beverage Control (ABC) has the exclusive power to regulate the manufacture, importation and sale of alcoholic beverages, as well as the licensing and operation of alcoholic beverage retailers. (California Business and Professions Code § 23200, et seq.) The ABC was first made effective on January 1st of 1955 as the result of a constitutional amendment.
5) Provides, it is a misdemeanor for a person under the age of 21 years to purchase or consume an alcoholic beverage, as provided.
6) Provides that bona fide evidence of majority and identity of the person is any of the following:
a) A document issued by a federal, state, county, or municipal government, or subdivision or agency thereof, including, but not limited to, a valid motor vehicle operator’s license, that contains the name, date of birth, description, and picture of the person.
b) A valid passport issued by the United States or by a foreign government.
c) A valid identification card issued to a member of the Armed Forces that includes a date of birth and a picture of the person.
7) Subjects a holder of an ABC 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.
8) Provides that an ABC 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: This bill is keyed fiscal by Legislative Counsel.
COMMENTS:
Purpose of this bill. 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 author’s office believes that this bill “will modernize California law to make it explicitly clear that a digital driver’s license approved by the DMV can also be used as bona fide evidence of majority and identity of a person when purchasing alcohol. This current law was written well before digital identifications were contemplated and should be updated to provide clarity for the thousands of stakeholders it impacts.”
Background.
The DMV first introduced a pilot program in September 2023 that allowed residents of California to utilize digital alternatives to driver’s licenses and identification cards.
DMV is currently testing the mobile driver’s license (mDL) at select locations and airports as part of the pilot. The mDL allows users to keep digital versions of their license on their smartphone via a DMV Wallet app. The mDL is free. According to the DMV website, during the pilot, drivers are still required to have their physical cards accessible when it is needed. According to the DMV, more than 300,000 Californians have downloaded the mDL. The DMV has authority to accept about 1.5 million (5% of card holders) residents into the pilot. The pilot is active through June 30, 2026.
According to the DMV, the CA DMV Wallet app doesn’t track an individual’s usage, and no data leaves a device without their consent. The DMV FAQs states that the app “lowers the potential for fraud and identity theft” posed by physical IDs by providing “accurate, secure proof of identity to the businesses you interact with,” and limiting the amount of information another person or device can see. While a physical card will reveal a person's name, photo, birthdate, and address all at once, the app "will only share necessary info."
The CA DMV mDL Reader can be used to scan mDL QR codes that are presented by another mDL holder. The person verifying the information will receive confirmation that the mDL holder is over a certain age or in some cases, can view the mDL holder’s personal identifying information. The mDL holder has the option of disclosing or not disclosing their information to the party making the request.
Law enforcement, state government agencies, and businesses are not yet accepting the mDL. Currently, the mDL is accepted in California at most TSA terminals” including San Francisco International Airport, Los Angeles International Airport, San Jose Mineta International Airport and certain airports across the U.S. It should be noted that the mDL is only available for TSA PreCheck passengers because the app is in the initial stages of its pilot. So a passenger without PreCheck, will still have to present their physical ID even if they have the mDl. The DMV anticipates other uses for the mDL in the future including government services, financial institutions, and law enforcement to improve access and reduce identity fraud.
As far as using the mDL to buy age-restricted products like alcohol and tobacco, an individual would have to activate the TruAge capability in their CA DMV Wallet. Then share their TruAge QR code at checkout to safely and securely verify their age, while protecting their privacy. Only a small number of retail locations in Los Angeles and Sacramento have been given permission to test the use of mDLs to purchase age-restricted goods thus far. The DMV has declared its intention to soon extend the use of the mDL to additional retail locations throughout the state. If an individual does not enable TruAge as part of their mDL, they will need a physical ID for any purchases or locations where proof of age is required.
According to the DMV, while the pilot program continues to expand, legislative action will be needed to make the mDL permanent. If the mDL program becomes permanent, the legislature would determine if California residents would still need to use a physical driver’s license along with it.
Buying alcoholic beverages in California. Except as otherwise provided in the ABC Act, every person who sells, furnishes, gives, or causes to be sold, furnished, or given away, any alcoholic beverage to any person under the age of 21 years is guilty of a misdemeanor. Any on-sale licensee who knowingly permits a person under the age of 21 years to consume any alcoholic beverage in the on-sale premises, whether or not the licensee has knowledge that the person is under the age of 21 years, is guilty of a misdemeanor.
Under the ABC Act, bona fide evidence of majority and identity of the person is any of the following: 1) a document issued by a federal, state, county, or municipal government, or subdivision or agency thereof, including, but not limited to, a valid motor vehicle operator’s license, that contains the name, date of birth, description, and picture of the person; 2) a valid passport issued by the United States or by a foreign government; and 3) a valid identification card issued to a member of the Armed Forces that includes a date of birth and a picture of the person.
Proof that the defendant-licensee, or his or her employee or agent, demanded, was shown, and acted in reliance upon bona fide evidence in any transaction, employment, use, or permission forbidden by Section 25658, 25663,or 25665 shall be a defense to any criminal prosecution therefor or to any proceedings for the suspension or revocation of any license based thereon.
For the purpose of preventing the ABC Act, any licensee, or his or her agent or employee, may refuse to sell or serve alcoholic beverages to any person who is unable to produce adequate written evidence that he or she is over the age of 21 years. A licensee, or his or her agent or employee, may seize any identification presented by a person that shows the person to be under the age of 21 years or that is false, so long as a receipt is given to the person from whom the identification is seized and the seized identification is given within 24 hours of seizure to the local law enforcement agency that has jurisdiction over the licensed premises. A licensee, his or her agent or employees, decision to not seize a license shall not create any civil or criminal liability.
What about driving without your physical license? According to California Vehicle Code 12500, a person cannot drive a vehicle unless the person holds a valid driver’s license. A physical version of the driver’s license are required when asked by an officer. An individual who has a valid driver’s license but does not have them at the time they are requested by a law enforcement officer, could be charged with an infraction or misdemeanor.
Policy consideration. If this bill passes the Assembly Committee on Governmental Organization, the author should work with the ABC and the Assembly Committee on Transportation to craft an amendment that would: 1) ensure that the DMV consults with ABC in authorizing a mDL for alcohol purchases without a physical driver’s license or identification (ID); and 2) ensure that DMV provides to the licensee and/or the ABC, upon their request, the licensee’s scanned ID log, including timestamps, for purposes of verifying the mDL or identification used in the alcohol related transaction. Supporting efficient implementation and guaranteeing that both the ABC and its licensees have access to the identity used in a transaction are the objectives of the amendment.
Double referral. This bill is double referred to the Assembly Transportation Committee and will be heard by that Committee as it relates to issues under its jurisdiction, should it pass out the Assembly Committee on Governmental Organization.
Prior legislation. SB 125 (Committee on Budget and Fiscal Review), Chapter 54, Statutes of 2023. This bill was the omnibus Transportation budget trailer bill. It contains provisions necessary to implement the 2023 Budget Act. In relation to this bill, expanded the percentage of licensed drivers who can participate in the pilot programs to evaluate the use of optional mobile or digital alternatives to driver’s licenses and identification cards from 0.5 percent to 5 percent of licensed drivers.
AB 149 (Committee on Budget), Chapter 81, Statutes of 2021. Provided for statutory changes necessary to enact the transportation provisions of the Budget Act of 2021. In relation to this bill, authorized the DMV to establish a pilot program to evaluate the use of optional mobile or digital alternatives to driver’s licenses and identification cards, subject to certain requirements, including, but not limited to, the voluntary participation of persons in the program and a limitation on the percentage of licensed drivers that can participate in the program.
AB 59 (Jeffries), Chapter 405, Statutes of 2009. Provided 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.
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
AB 1191 (Conway), Chapter 142, Statutes of 2009. Authorized 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.
SB 806 (Hueso), Chapter 569, Statutes of 2013. Authorized the California Department of Motor Vehicles (DMV) to establish a pilot program to evaluate the use of alternatives to license plates, registration stickers, and registration cards.
REGISTERED SUPPORT / OPPOSITION:
Support
Alcohol Justice
Opposition
None on file
Analysis Prepared by: Eric Johnson / G.O. / (916) 319-2531
Discussed in Hearing
Assembly Standing Committee on Transportation
Assembly Standing Committee on Transportation
Assembly Standing Committee on Transportation
Assembly Standing Committee on Governmental Organization
Bill Author
Bill Co-Author(s):