California 2013-2014 Regular Session Status: Passed Assembly

AB 844 — Credit and debit cards: transactions: personal information.

Last action — From Senate committee without further action.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

Action History

  1. From Senate committee without further action.

  2. In committee: Set, second hearing. Hearing canceled at the request of author.

  3. In committee: Set, first hearing. Hearing canceled at the request of author.

  4. Referred to Coms. on B. & F.I. and JUD.

  5. In Senate. Read first time. To Com. on RLS. for assignment.

  6. Read third time. Passed. Ordered to the Senate. (Ayes 47. Noes 24. Page 1832.)

  7. Read second time. Ordered to third reading.

  8. Read second time and amended. Ordered to second reading.

  9. From committee: Do pass as amended. (Ayes 9. Noes 5.) (May 24).

  10. In committee: Set, first hearing. Referred to APPR. suspense file.

  11. Re-referred to Com. on APPR.

  12. Read second time and amended.

  13. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 3.) (April 30).

  14. Re-referred to Com. on JUD.

  15. Read second time and amended.

  16. From committee: Do pass as amended and re-refer to Com. on JUD. (Ayes 8. Noes 3.) (April 22).

  17. Re-referred to Com. on B. & F.

  18. From committee chair, with author's amendments: Amend, and re-refer to Com. on B. & F. Read second time and amended.

  19. In committee: Set, first hearing. Hearing canceled at the request of author.

  20. Re-referred to Com. on B. & F.

  21. From committee chair, with author's amendments: Amend, and re-refer to Com. on B. & F. Read second time and amended.

  22. Referred to Coms. on B. & F. and JUD.

  23. From printer. May be heard in committee March 24.

  24. Read first time. To print.

Sponsors

  • Dickinson · Primary

Sponsorship breakdown

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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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 47 Yea · 24 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 411908
Democratic 6100
Republican 0400
Total 472408
% 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

Official roll call →

Do pass as amended.

Passed 9 Yea · 5 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 8503
Democratic 1000
Total 9503
% 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

Official roll call →

Subjects

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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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Last checked for changes 3 months ago · updated continuously

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