Credit and debit cards: transactions: personal information.
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AB 844 — Credit and debit cards: transactions: personal information.
Last action — From Senate committee without further action.
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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3Passed Assembly
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 2013-2014 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
Existing state and federal law regulates the provision of credit and the use of credit cards. The Song-Beverly Credit Card Act of 1971 generally prohibits a person, firm, partnership, association, or corporation that accepts credit cards for the transaction of business from requesting or requiring the cardholder to provide personal identification information, which is then recorded, as a condition to accepting the credit card as payment in full or in part for goods or services, but provides various exceptions to this prohibition. Under existing law, a person who violates the above provisions is subject to specified civil penalties, an action for injunctive relief, or both. This bill would extend the above restrictions regarding the collection of personal identification information to debit cards. The bill would define "debit card" and related terms for these purposes, and would make conforming changes. The bill would permit the collection of personal identification information if the credit card or debit card is being used as part of a layaway transaction. The bill would permit a person, firm, partnership, association, or corporation, including the operator of a commercial Internet Web site or online service, accepting the credit card or debit card in a business transaction to collect personal identification information, as defined, if used for the detection, investigation, or prevention of fraud, theft, identity theft, criminal activity, or enforcement of terms of sale. The bill would also permit the collection of personal identification information if the cardholder is advised, or if it is apparent, that the provision of personal identification information is not a condition to accepting the credit card or debit card as payment in full or in part for goods or services and the cardholder has consented to the collection of the personal identification information. Existing law prohibits a person, firm, partnership, association, corporation, or limited liability company that accepts credit or debit cards for the transaction of business from printing more than the last 5 digits of an individual's credit card or debit card number, or the expiration date, on a transaction receipt, as specified. This bill would revise the above provisions to remove specific references to printed receipts, and would make other conforming changes.
Bill Text
- Amended 05/28/13 - Amended Assembly Current pdf May 28, 2013
- Amended 05/01/13 - Amended Assembly pdf May 01, 2013
- Amended 04/24/13 - Amended Assembly pdf April 24, 2013
- Amended 04/15/13 - Amended Assembly pdf April 15, 2013
- Amended 03/19/13 - Amended Assembly pdf March 19, 2013
- Introduced 02/21/13 - Introduced pdf February 21, 2013
- AB844 View text html
Action History
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From Senate committee without further action.
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In committee: Set, second hearing. Hearing canceled at the request of author.
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In committee: Set, first hearing. Hearing canceled at the request of author.
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Referred to Coms. on B. & F.I. and JUD.
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In Senate. Read first time. To Com. on RLS. for assignment.
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Read third time. Passed. Ordered to the Senate. (Ayes 47. Noes 24. Page 1832.)
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Read second time. Ordered to third reading.
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Read second time and amended. Ordered to second reading.
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From committee: Do pass as amended. (Ayes 9. Noes 5.) (May 24).
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In committee: Set, first hearing. Referred to APPR. suspense file.
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Re-referred to Com. on APPR.
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Read second time and amended.
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From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 3.) (April 30).
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Re-referred to Com. on JUD.
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Read second time and amended.
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From committee: Do pass as amended and re-refer to Com. on JUD. (Ayes 8. Noes 3.) (April 22).
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Re-referred to Com. on B. & F.
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From committee chair, with author's amendments: Amend, and re-refer to Com. on B. & F. Read second time and amended.
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In committee: Set, first hearing. Hearing canceled at the request of author.
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Re-referred to Com. on B. & F.
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From committee chair, with author's amendments: Amend, and re-refer to Com. on B. & F. Read second time and amended.
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Referred to Coms. on B. & F. and JUD.
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From printer. May be heard in committee March 24.
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Read first time. To print.
Sponsors
- Dickinson · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 121 not signed on · 6 voted No
Sponsors (1)
- Dickinson
Co-sponsors (0)
None.
Not signed on (121)
121 members have not signed on to this bill.
Show all 121 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 41 | 19 | 0 | 8 |
| Democratic | 6 | 1 | 0 | 0 |
| Republican | 0 | 4 | 0 | 0 |
| Total | 47 | 24 | 0 | 8 |
| % of votes cast | 59% | 30% | 0% | 10% |
How each member voted (79)
| Member | Party | Vote |
|---|---|---|
| Achadjian | — | Yea |
| Alejo | — | Yea |
| Ammiano | — | Yea |
| Bigelow | — | Nay |
| Bloom | — | Yea |
| Blumenfield | — | Yea |
| Bradford | — | Yea |
| Brown | — | Yea |
| Buchanan | — | Yea |
| Harkey | — | Nay |
| Linder | — | Nay |
| Mansoor | — | Nay |
| Nestande | — | Nay |
| Pan | — | Yea |
| Quirk | — | Yea |
| Ting | — | Not Voting |
| Waldron | — | Nay |
| Wieckowski | — | Yea |
| Daly | — | Not Voting |
| Fox | — | Yea |
| Frazier | — | Yea |
| Gomez | — | Yea |
| Stone | — | Yea |
| Gordon | — | Yea |
| Lowenthal | — | Yea |
| Atkins | — | Yea |
| Mitchell | — | Yea |
| Bonilla | — | Yea |
| Skinner | — | Yea |
| Bocanegra | — | Yea |
| Gonzalez | — | Not Voting |
| John A. Pérez | — | Yea |
| Salas | — | Yea |
| Gorell | — | Nay |
| Campos | — | Yea |
| Hagman | — | Nay |
| Holden | — | Not Voting |
| Jones-Sawyer | — | Yea |
| Gray | — | Not Voting |
| Levine | — | Yea |
| Logue | — | Nay |
| Maienschein | — | Nay |
| Chau | — | Yea |
| Chesbro | — | Yea |
| Chávez | — | Nay |
| Conway | — | Nay |
| Cooley | — | Yea |
| Donnelly | — | Nay |
| Eggman | — | Not Voting |
| Medina | — | Not Voting |
| Melendez | — | Nay |
| Morrell | — | Nay |
| Mullin | — | Yea |
| Nazarian | — | Not Voting |
| Olsen | — | Nay |
| Perea | — | Yea |
| Rendon | — | Yea |
| Wagner | — | Nay |
| Weber | — | Yea |
| Wilk | — | Nay |
| Williams | — | Yea |
| Dickinson | — | Yea |
| Gatto | — | Yea |
| Yamada | — | Yea |
| Hall | — | Yea |
| Beth Gaines | — | Nay |
| Roger Hernández | — | Yea |
| V. Manuel Pérez | — | Yea |
| Allen, Benjamin | Democratic | Nay |
| Bonta, Mia | Democratic | Yea |
| Calderon, Lisa | Democratic | Yea |
| Fong, Mike | Democratic | Yea |
| Garcia, Robert | Democratic | Yea |
| Muratsuchi, Al | Democratic | Yea |
| Quirk-Silva, Sharon | Democratic | Yea |
| Dahle, Megan | Republican | Nay |
| Grove, Shannon | Republican | Nay |
| Jones, Brian W. | Republican | Nay |
| Patterson, Joe | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 8 | 5 | 0 | 3 |
| Democratic | 1 | 0 | 0 | 0 |
| Total | 9 | 5 | 0 | 3 |
| % of votes cast | 53% | 29% | 0% | 18% |
How each member voted (17)
| Member | Party | Vote |
|---|---|---|
| Ammiano | — | Yea |
| Bradford | — | Yea |
| Harkey | — | Nay |
| Linder | — | Nay |
| Wagner | — | Nay |
| Weber | — | Yea |
| Bocanegra | — | Yea |
| Hall | — | Yea |
| Campos | — | Not Voting |
| Pan | — | Not Voting |
| Bigelow | — | Nay |
| Donnelly | — | Nay |
| Eggman | — | Not Voting |
| Quirk | — | Yea |
| Gatto | — | Yea |
| Gomez | — | Yea |
| Calderon, Lisa | Democratic | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 5 | 3 | 0 | 0 |
| Democratic | 2 | 0 | 0 | 0 |
| Total | 7 | 3 | 0 | 0 |
| % of votes cast | 70% | 30% | 0% | 0% |
How each member voted (10)
| Member | Party | Vote |
|---|---|---|
| Maienschein | — | Nay |
| Gorell | — | Nay |
| Stone | — | Yea |
| Chau | — | Yea |
| Alejo | — | Yea |
| Wagner | — | Nay |
| Wieckowski | — | Yea |
| Dickinson | — | Yea |
| Garcia, Robert | Democratic | Yea |
| Muratsuchi, Al | Democratic | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 7 | 3 | 0 | 1 |
| Democratic | 1 | 0 | 0 | 0 |
| Total | 8 | 3 | 0 | 1 |
| % of votes cast | 67% | 25% | 0% | 8% |
How each member voted (12)
| Member | Party | Vote |
|---|---|---|
| Achadjian | — | Not Voting |
| Blumenfield | — | Yea |
| Linder | — | Nay |
| Mansoor | — | Nay |
| Weber | — | Yea |
| Gatto | — | Yea |
| Perea | — | Yea |
| Dickinson | — | Yea |
| Torres | — | Yea |
| Chau | — | Yea |
| Morrell | — | Nay |
| Bonta, Mia | Democratic | Yea |
Subjects
Frequently asked questions
- What does AB 844 do?
- Existing state and federal law regulates the provision of credit and the use of credit cards. The Song-Beverly Credit Card Act of 1971 generally prohibits a person, firm, partnership, association, or corporation that accepts credit cards for the transaction of business from requesting or requiring the cardholder to provide personal identification information, which is then recorded, as a condition to accepting the credit card as payment in full or in part for goods or services, but provides various exceptions to this prohibition. Under existing law, a person who violates the above provisions is subject to specified civil penalties, an action for injunctive relief, or both. This bill would extend the above restrictions regarding the collection of personal identification information to debit cards. The bill would define "debit card" and related terms for these purposes, and would make conforming changes. The bill would permit the collection of personal identification information if the credit card or debit card is being used as part of a layaway transaction. The bill would permit a person, firm, partnership, association, or corporation, including the operator of a commercial Internet Web site or online service, accepting the credit card or debit card in a business transaction to collect personal identification information, as defined, if used for the detection, investigation, or prevention of fraud, theft, identity theft, criminal activity, or enforcement of terms of sale. The bill would also permit the collection of personal identification information if the cardholder is advised, or if it is apparent, that the provision of personal identification information is not a condition to accepting the credit card or debit card as payment in full or in part for goods or services and the cardholder has consented to the collection of the personal identification information. Existing law prohibits a person, firm, partnership, association, corporation, or limited liability company that accepts credit or debit cards for the transaction of business from printing more than the last 5 digits of an individual's credit card or debit card number, or the expiration date, on a transaction receipt, as specified. This bill would revise the above provisions to remove specific references to printed receipts, and would make other conforming changes.
- Who sponsors AB 844?
- AB 844 is sponsored by Dickinson.
- What is the current status of AB 844?
- This bill died with 2013-2014 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track AB 844?
- Track AB 844 free on One Click Politics — get push/email alerts when it moves.
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