California 2013-2014 Regular Session Status: Passed Senate

SB 383 — Credit cards: personal information.

Last action — From Assembly without further action.

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

This bill died with 2013-2014 Regular Session. It reached “Passed Senate” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 regulates credit card transactions and prohibits a person or entity that accepts credit cards for the transaction of business from requesting, or requiring as a condition to accepting the credit card, that the cardholder write any personal identification information, as defined, upon the credit card transaction form or otherwise. Existing law prohibits a person or entity that accepts credit cards for the transaction of business from requesting, or requiring as a condition to accepting the credit card, that the cardholder provide his or her personal identification information to the person or entity to be written or caused to be written upon the credit card transaction form or otherwise. Notwithstanding those provisions, existing law authorizes a person or entity that accepts credit cards for the transaction of business to require the cardholder, as a condition to accepting the credit card, to provide reasonable forms of positive identification, which may include a driver's license or a California state identification card, provided that the information is not written or recorded on the credit card transaction form or otherwise. Existing law authorizes the use of ZIP Code information in a sales transaction at a retail motor fuel dispenser or retail motor fuel payment island with an automated cashier that uses the ZIP Code information solely for prevention of fraud, theft, or identity theft. This bill would authorize a person or entity that accepts credit cards in an online transaction involving an electronic downloadable product, as defined, to require a cardholder, as a condition to accepting a credit card as payment in full or in part, in an online transaction involving an electronic downloadable product, to provide personal identification information, as defined, if it requires that information for the detection, investigation, or prevention of fraud, theft, identity theft, or criminal activity, or for enforcement of terms of sale, and the personal identification information is used solely for those purposes. The bill would require that person or entity to destroy or dispose of the personal identification information it requires in a secure manner after it is no longer needed for those purposes. The bill would prohibit that person or entity from aggregating personal identification information and from sharing personal identification information it requires with any other person or entity, as specified. The bill, notwithstanding the foregoing provisions, would also authorize a person or entity accepting a credit card in an online transaction involving an electronic downloadable product to require a consumer to establish an account as a condition for purchase of the product and to provide personally identifiable information in connection with that account, as specified. The bill would also authorize a consumer, concurrent with completing a transaction for an electronically downloadable product, to elect to opt in to the collection and use of personally identifiable information provided certain disclosures are made and he or she is permitted to opt out prior to completing the transaction.

Bill Text

Action History

  1. From Assembly without further action.

  2. From committee without further action.

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

  4. Assembly Rule 56 (pending re-referral to Com. on JUD.) suspended. (Page 5606.)

  5. From committee with author's amendments. Read second time and amended. Re-referred to Com. on B. & F.

  6. Set, first hearing. Hearing canceled at the request of author.

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

  8. In Assembly. Read first time. Held at Desk.

  9. Read third time. Passed. (Ayes 21. Noes 13. Page 2689.) Ordered to the Assembly.

  10. Read second time. Ordered to third reading.

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

  12. Ordered to second reading.

  13. From inactive file.

  14. Ordered to inactive file on request of Senator Corbett.

  15. Read second time. Ordered to third reading.

  16. Ordered to second reading.

  17. Read third time and amended.

  18. Read second time. Ordered to third reading.

  19. From committee: Do pass. (Ayes 5. Noes 1. Page 852.) (May 7).

  20. Set for hearing May 7.

  21. Re-referred to Com. on JUD.

  22. From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.

  23. Referred to Com. on RLS.

  24. From printer. May be acted upon on or after March 23.

  25. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Jackson · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 2 voted No

Sponsors (1)

  • Jackson

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

3rd Reading

Passed 21 Yea · 13 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 181305
Democratic 3000
Total 211305
% of votes cast 54%33%0%13%
How each member voted (39)
Member Party Vote
Anderson — Nay
Hueso — Yea
Monning — Yea
Roth — Yea
Walters — Nay
Corbett — Yea
Correa — Yea
Wright — Not Voting
Wyland — Nay
Cannella — Not Voting
Mitchell — Yea
De León — Yea
Evans — Yea
Fuller — Nay
Galgiani — Nay
Hernandez — Nay
Hill — Nay
Beall — Not Voting
Block — Not Voting
Huff — Nay
Knight — Nay
Lara — Yea
Leno — Yea
Lieu — Yea
Liu — Yea
Nielsen — Not Voting
Pavley — Yea
Steinberg — Yea
Torres — Nay
Vidak — Nay
Wolk — Yea
DeSaulnier — Yea
Yee — Yea
Hancock — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Calderon, Lisa Democratic Yea
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

Do pass.

Passed 5 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 4101
Democratic 1000
Total 5101
% of votes cast 71%14%0%14%
How each member voted (7)
Member Party Vote
Anderson — Nay
Corbett — Yea
Evans — Yea
Leno — Yea
Monning — Yea
Walters — Not Voting
Jackson, Corey A. Democratic Yea

Official roll call →

Subjects

finance technology
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Frequently asked questions

What does SB 383 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 regulates credit card transactions and prohibits a person or entity that accepts credit cards for the transaction of business from requesting, or requiring as a condition to accepting the credit card, that the cardholder write any personal identification information, as defined, upon the credit card transaction form or otherwise. Existing law prohibits a person or entity that accepts credit cards for the transaction of business from requesting, or requiring as a condition to accepting the credit card, that the cardholder provide his or her personal identification information to the person or entity to be written or caused to be written upon the credit card transaction form or otherwise. Notwithstanding those provisions, existing law authorizes a person or entity that accepts credit cards for the transaction of business to require the cardholder, as a condition to accepting the credit card, to provide reasonable forms of positive identification, which may include a driver's license or a California state identification card, provided that the information is not written or recorded on the credit card transaction form or otherwise. Existing law authorizes the use of ZIP Code information in a sales transaction at a retail motor fuel dispenser or retail motor fuel payment island with an automated cashier that uses the ZIP Code information solely for prevention of fraud, theft, or identity theft. This bill would authorize a person or entity that accepts credit cards in an online transaction involving an electronic downloadable product, as defined, to require a cardholder, as a condition to accepting a credit card as payment in full or in part, in an online transaction involving an electronic downloadable product, to provide personal identification information, as defined, if it requires that information for the detection, investigation, or prevention of fraud, theft, identity theft, or criminal activity, or for enforcement of terms of sale, and the personal identification information is used solely for those purposes. The bill would require that person or entity to destroy or dispose of the personal identification information it requires in a secure manner after it is no longer needed for those purposes. The bill would prohibit that person or entity from aggregating personal identification information and from sharing personal identification information it requires with any other person or entity, as specified. The bill, notwithstanding the foregoing provisions, would also authorize a person or entity accepting a credit card in an online transaction involving an electronic downloadable product to require a consumer to establish an account as a condition for purchase of the product and to provide personally identifiable information in connection with that account, as specified. The bill would also authorize a consumer, concurrent with completing a transaction for an electronically downloadable product, to elect to opt in to the collection and use of personally identifiable information provided certain disclosures are made and he or she is permitted to opt out prior to completing the transaction.
Who sponsors SB 383?
SB 383 is sponsored by Jackson.
What is the current status of SB 383?
This bill died with 2013-2014 Regular Session. It reached “Passed Senate” 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 SB 383?
Track SB 383 free on One Click Politics — get push/email alerts when it moves.

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