SB 885 - An Act to Amend Section 1749.5 of the Civil Code, Relating to Gift Certificates.

Gift certificates: redemption. 2009-2010 Legislature. View bill details
Author(s):
Summary:
Existing law provides that a gift certificate sold after January 1, 1997, is redeemable in cash or subject to replacement with a new gift certificate. Existing law also provides that a gift certificate with a cash value of less than $10 may be redeemed in cash, as defined, for its cash value. Existing law prohibits the sale of a gift certificate that contains a dormancy fee, subject to specified… More
Existing law provides that a gift certificate sold after January 1, 1997, is redeemable in cash or subject to replacement with a new gift certificate. Existing law also provides that a gift certificate with a cash value of less than $10 may be redeemed in cash, as defined, for its cash value. Existing law prohibits the sale of a gift certificate that contains a dormancy fee, subject to specified exceptions.

This bill would delete those exceptions and expressly prohibit the sale of a gift certificate that contains a dormancy fee. Hide
 
Status:
This bill was passed by both houses and vetoed by the Governor. It did not become law
Assembly Committee on Business, Professions and Consumer Protection Vote: Do pass as amended.

PASSED on June 29, 2010.

voted YES: 6 voted NO: 4
1 voted present/not voting

An Act to Amend Section 1749.5 of the Civil Code, Relating to Gift Certificates.

SB 885 — 2009-2010 Legislature

Summary
Existing law provides that a gift certificate sold after January 1, 1997, is redeemable in cash or subject to replacement with a new gift certificate. Existing law also provides that a gift certificate with a cash value of less than $10 may be redeemed in cash, as defined, for its cash value. Existing law prohibits the sale of a gift certificate that contains a dormancy fee, subject to specified exceptions.

This bill would delete those exceptions and expressly prohibit the sale of a gift certificate that contains a dormancy fee.
Learn More
At LegInfo.ca.gov
Title
An Act to Amend Section 1749.5 of the Civil Code, Relating to Gift Certificates.
Author(s)
Ellen Corbett
Co-Authors
Subjects
  • Gift certificates: redemption
Major Actions
Introduced1/19/2010
Referred to Committee
Passed Senate Committee on Judiciary3/23/2010
Passed Senate6/03/2010
Passed Assembly Committee on Business, Professions and Consumer Protection6/29/2010
Passed Assembly8/23/2010
Passed Senate8/25/2010
Presented to the governor (enrolled)9/03/2010
Vetoed by Governor9/23/2010
Vetoed by Governor9/23/2010
Bill History
Chamber/CommitteeMotionDateResult
select this voteSenate Committee on JudiciaryDo pass.3/23/2010This motion PASSED the Senate Committee on Judiciary
3 voted YES 2 voted NO 0 voted present/not voting
select this voteSenateSenate 3rd Reading SB885 Corbett6/03/2010This bill PASSED the Senate
21 voted YES 12 voted NO 5 voted present/not voting
currently selectedAssembly Committee on Business, Professions and Consumer ProtectionDo pass as amended.6/29/2010This motion PASSED the Assembly Committee on Business, Professions and Consumer Protection
6 voted YES 4 voted NO 1 voted present/not voting
select this voteAssemblySB 885 Corbett Senate Third Reading By ENG8/23/2010This bill PASSED the Assembly
50 voted YES 26 voted NO 2 voted present/not voting
select this voteSenateUnfinished Business SB885 Corbett8/25/2010This bill PASSED the Senate
25 voted YES 8 voted NO 6 voted present/not voting
ActionDateDescription
Introduced1/19/2010
1/19/2010Introduced. Read first time. To Com. on RLS. for assignment. To print.
1/20/2010From print. May be acted upon on or after February 19.
2/04/2010To Com. on JUD.
3/11/2010Set for hearing March 23.
select this voteVote3/23/2010Do pass.
3/23/2010From committee: Do pass. (Ayes 3. Noes 2. Page 3001.)
3/24/2010Read second time. To third reading.
4/05/2010Read third time. Amended. To second reading.
4/06/2010Read second time. To third reading.
5/28/2010Read third time. Amended. To second reading.
6/01/2010Read second time. To third reading.
6/03/2010Read third time. Passed. (Ayes 21. Noes 12. Page 3794.) To Assembly.
6/03/2010In Assembly. Read first time. Held at Desk.
select this voteSenate Vote on Passage6/03/2010Senate 3rd Reading SB885 Corbett
6/10/2010To Com. on B.,P. & C.P.
6/14/2010From committee with author's amendments. Read second time. Amended. Re-referred to Com. on B.,P. & C.P.
6/22/2010Set, first hearing. Further hearing to be set.
currently selectedVote6/29/2010Do pass as amended.
6/30/2010From committee: Do pass as amended. (Ayes 6. Noes 4.) (Heard in committee on June 29.)
7/01/2010Read second time. Amended. To second reading.
8/02/2010Read second time. To third reading.
8/18/2010Read third time. Amended. (Page 6328.) To third reading.
8/19/2010Assembly Rule 69(d) suspended. (Ayes 51. Noes 28. Page 6352.)
8/23/2010Read third time. Passed. (Ayes 50. Noes 26. Page 6534.) To Senate.
select this voteAssembly Vote on Passage8/23/2010SB 885 Corbett Senate Third Reading By ENG
8/24/2010In Senate. To unfinished business.
8/25/2010Senate concurs in Assembly amendments. (Ayes 25. Noes 8. Page 4907.) To enrollment.
select this voteSenate Vote on Passage8/25/2010Unfinished Business SB885 Corbett
9/03/2010Enrolled. To Governor at 11:45 a.m.
Vetoed9/23/2010Vetoed by Governor.
9/24/2010In Senate. To unfinished business. (Veto)
11/30/2010Died on file.

Total contributions given to Assemblymembers from interest groups that…

3 Organizations Supported and 22 Opposed; See Which Ones

Organizations that took a position on
An Act to Amend Section 1749.5 of the Civil Code, Relating to Gift Certificates.: Do pass as amended.

3 organizations supported this motion

California Labor Federation
Assembly Committee on Business, Professions & Consumer Protection (2010, June 28). Bill Analysis SB 885 6-28-2010. Retrieved September 17, 2010, from Leg Info.
Consumer Attorneys of California
Assembly Committee on Business, Professions & Consumer Protection (2010, June 28). Bill Analysis SB 885 6-28-2010. Retrieved September 17, 2010, from Leg Info.
Consumers Union
Assembly Committee on Business, Professions & Consumer Protection (2010, June 28). Bill Analysis SB 885 6-28-2010. Retrieved September 17, 2010, from Leg Info.

22 organizations opposed this motion

Best Buy
Assembly Committee on Business, Professions & Consumer Protection (2010, June 28). Bill Analysis SB 885 6-28-2010. Retrieved September 17, 2010, from Leg Info.
California Business Properties Association
Assembly Committee on Business, Professions & Consumer Protection (2010, June 28). Bill Analysis SB 885 6-28-2010. Retrieved September 17, 2010, from Leg Info.
California Chamber of Commerce
Assembly Committee on Business, Professions & Consumer Protection (2010, June 28). Bill Analysis SB 885 6-28-2010. Retrieved September 17, 2010, from Leg Info.
California Grocers Association
Assembly Committee on Business, Professions & Consumer Protection (2010, June 28). Bill Analysis SB 885 6-28-2010. Retrieved September 17, 2010, from Leg Info.
California Manufacturers & Technology Association
Assembly Committee on Business, Professions & Consumer Protection (2010, June 28). Bill Analysis SB 885 6-28-2010. Retrieved September 17, 2010, from Leg Info.
California Retailers Association
Assembly Committee on Business, Professions & Consumer Protection (2010, June 28). Bill Analysis SB 885 6-28-2010. Retrieved September 17, 2010, from Leg Info.
California Theater Owners Association
Assembly Committee on Business, Professions & Consumer Protection (2010, June 28). Bill Analysis SB 885 6-28-2010. Retrieved September 17, 2010, from Leg Info.
California Travel Industry Association
Assembly Committee on Business, Professions & Consumer Protection (2010, June 28). Bill Analysis SB 885 6-28-2010. Retrieved September 17, 2010, from Leg Info.
Charles Diaz Trucking, Inc.
Assembly Committee on Business, Professions & Consumer Protection (2010, June 28). Bill Analysis SB 885 6-28-2010. Retrieved September 17, 2010, from Leg Info.
CTIA - The Wireless Association
Assembly Committee on Business, Professions & Consumer Protection (2010, June 28). Bill Analysis SB 885 6-28-2010. Retrieved September 17, 2010, from Leg Info.
CVS Caremark
Assembly Committee on Business, Professions & Consumer Protection (2010, June 28). Bill Analysis SB 885 6-28-2010. Retrieved September 17, 2010, from Leg Info.
First Data
Assembly Committee on Business, Professions & Consumer Protection (2010, June 28). Bill Analysis SB 885 6-28-2010. Retrieved September 17, 2010, from Leg Info.
Freedom Ford Truck Center
Assembly Committee on Business, Professions & Consumer Protection (2010, June 28). Bill Analysis SB 885 6-28-2010. Retrieved September 17, 2010, from Leg Info.
International Council of Shopping Centers
Assembly Committee on Business, Professions & Consumer Protection (2010, June 28). Bill Analysis SB 885 6-28-2010. Retrieved September 17, 2010, from Leg Info.
International Franchise Association
Assembly Committee on Business, Professions & Consumer Protection (2010, June 28). Bill Analysis SB 885 6-28-2010. Retrieved September 17, 2010, from Leg Info.
Jeff's Pet Depot
Assembly Committee on Business, Professions & Consumer Protection (2010, June 28). Bill Analysis SB 885 6-28-2010. Retrieved September 17, 2010, from Leg Info.
Lowe's
Assembly Committee on Business, Professions & Consumer Protection (2010, June 28). Bill Analysis SB 885 6-28-2010. Retrieved September 17, 2010, from Leg Info.
National Federation of Independent Business
Assembly Committee on Business, Professions & Consumer Protection (2010, June 28). Bill Analysis SB 885 6-28-2010. Retrieved September 17, 2010, from Leg Info.
National Retail Federation
Assembly Committee on Business, Professions & Consumer Protection (2010, June 28). Bill Analysis SB 885 6-28-2010. Retrieved September 17, 2010, from Leg Info.
Rwd Consulting
Assembly Committee on Business, Professions & Consumer Protection (2010, June 28). Bill Analysis SB 885 6-28-2010. Retrieved September 17, 2010, from Leg Info.
Target
Assembly Committee on Business, Professions & Consumer Protection (2010, June 28). Bill Analysis SB 885 6-28-2010. Retrieved September 17, 2010, from Leg Info.
TechAmerica
Assembly Committee on Business, Professions & Consumer Protection (2010, June 28). Bill Analysis SB 885 6-28-2010. Retrieved September 17, 2010, from Leg Info.

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View citations of support and opposition

Includes reported contributions to campaigns of Assemblymembers in office on day of vote, from interest groups invested in the vote according to MapLight, January 1, 2009 – December 31, 2010.
Contributions data source: FollowTheMoney.org

Contributions by Legislator

Namesort iconPartyDistrict$ From Interest Groups
That Supported
$ From Interest Groups
That Opposed
Vote
Connie ConwayRCA-34$2,250$25,000No
Mike EngDCA-49$39,895$15,440Yes
Mary HayashiDCA-18$10,150$38,075Yes
Ed HernandezDCA-57$17,934$37,899Not Voting
Jerry HillDCA-19$22,676$31,083Yes
Fiona MaDCA-12$21,050$39,800Yes
Pedro NavaDCA-35$33,127$11,867Yes
Brian NestandeRCA-64$5,850$13,422No
Roger NielloRCA-5$10,550$23,650No
Ira RuskinDCA-21$0$0Yes
Cameron SmythRCA-38$4,400$41,050No

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Legislator Filters
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Show All
NamePartyDistrict$ From Interest Groups
That Supported
$ From Interest Groups
That Opposed
Vote
Connie ConwayRCA-34$2,250$25,000No
Mike EngDCA-49$39,895$15,440Yes
Mary HayashiDCA-18$10,150$38,075Yes
Ed HernandezDCA-57$17,934$37,899Not Voting
Jerry HillDCA-19$22,676$31,083Yes
Fiona MaDCA-12$21,050$39,800Yes
Pedro NavaDCA-35$33,127$11,867Yes
Brian NestandeRCA-64$5,850$13,422No
Roger NielloRCA-5$10,550$23,650No
Ira RuskinDCA-21$0$0Yes
Cameron SmythRCA-38$4,400$41,050No

Interest Groups that supported this motion

$ Donated
Attorneys & law firms$161,382
Labor unions$6,500
Consumer groups$0

Interest Groups that opposed this motion

$ Donated
Drug stores$66,675
Auto dealers, new & used$40,647
Food stores$30,700
Building operators & managers$29,350
Department, variety & convenience stores$26,000
Manufacturing$17,700
Pro-business organizations$17,249
Retail trade$13,667
Paging & cellular phones and services$12,000
Trucking$6,500
Management consultants & services$5,999
Chambers of commerce$5,800
Hardware & building materials stores$3,000
Small business organizations$2,000
Telephone utilities$0
Consumer electronics & computer stores$0
Movie theaters$0
International trade associations$0
Travel agents$0
Miscellaneous retail stores$0
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