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
Senate Vote: On Passage

PASSED on June 3, 2010.

voted YES: 21 voted NO: 12
5 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
currently selectedSenateSenate 3rd Reading SB885 Corbett6/03/2010This bill PASSED the Senate
21 voted YES 12 voted NO 5 voted present/not voting
select this voteAssembly 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.
currently selectedSenate 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.
select this voteVote6/29/2010Do 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.

Average contributions given to Senators from interest groups that…

supported this bill

139% more
$4,957
$8
$0
$53,908
YES$58,873
$417
$0
$0
$24,201
NO$24,618

opposed this bill

$429
$3,575
$0
$743
$0
$3,609
$226
YES$8,581
4.3 times as much
$8,759
$13,793
$1,042
$5,188
$42
$6,392
$1,451
NO$36,665
4 Organizations Supported and 7 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.: Senate 3rd Reading SB885 Corbett

4 organizations supported this bill

California Labor Federation
Senate Rules Committee (2010, June 1). Bill Analysis SB 885 6-1-2010. Retrieved September 17, 2010, from Leg Info.
Congress of California Seniors
Senate Rules Committee (2010, June 1). Bill Analysis SB 885 6-1-2010. Retrieved September 17, 2010, from Leg Info.
Consumer Attorneys of California
Senate Rules Committee (2010, June 1). Bill Analysis SB 885 6-1-2010. Retrieved September 17, 2010, from Leg Info.
Consumers Union
Senate Rules Committee (2010, June 1). Bill Analysis SB 885 6-1-2010. Retrieved September 17, 2010, from Leg Info.

7 organizations opposed this bill

California Independent Oil Marketers Association
Senate Rules Committee (2010, June 1). Bill Analysis SB 885 6-1-2010. Retrieved September 17, 2010, from Leg Info.
Chambers of Commerce Alliance of Ventura & Santa Barbara Counties
Senate Rules Committee (2010, June 1). Bill Analysis SB 885 6-1-2010. Retrieved September 17, 2010, from Leg Info.
National Federation of Independent Business
Senate Rules Committee (2010, June 1). Bill Analysis SB 885 6-1-2010. Retrieved September 17, 2010, from Leg Info.
National Restaurant Association
Senate Rules Committee (2010, June 1). Bill Analysis SB 885 6-1-2010. Retrieved September 17, 2010, from Leg Info.
Northern California Independent Booksellers Association
Senate Rules Committee (2010, June 1). Bill Analysis SB 885 6-1-2010. Retrieved September 17, 2010, from Leg Info.
Rite Aid
Senate Rules Committee (2010, June 1). Bill Analysis SB 885 6-1-2010. Retrieved September 17, 2010, from Leg Info.
Svm / Lp Gasoline And Retail Gift Cards
Senate Rules Committee (2010, June 1). Bill Analysis SB 885 6-1-2010. Retrieved September 17, 2010, from Leg Info.

Need proof?

View citations of support and opposition

Includes reported contributions to campaigns of Senators in office on day of vote, from interest groups invested in the vote according to MapLight, January 1, 2007 – December 31, 2010.
Contributions data source: FollowTheMoney.org

Contributions by Legislator

Namesort iconPartyDistrict$ From Interest Groups
That Supported
$ From Interest Groups
That Opposed
Vote
Sam AanestadRCA-4$2,000$16,750Yes
Elaine AlquistDCA-13$15,000$4,000Yes
Roy AshburnRCA-18$0$0No
Ron CalderonDCA-30$18,100$55,998No
Gilbert CedilloDCA-22$17,150$3,100Yes
Dave CogdillRCA-14$12,300$29,715No
Ellen CorbettDCA-10$107,017$280Yes
Lou CorreaDCA-34$32,900$46,100Not Voting
Dave CoxRCA-1$5,050$16,100Not Voting
Mark DeSaulnierDCA-7$104,058$6,350Yes
Jeff DenhamRCA-12$15,550$18,648No
Denise DuchenyDCA-40$0$0Yes
Bob DuttonRCA-31$14,695$28,600No
Dean FlorezDCA-16$2,000$4,000Yes
Loni HancockDCA-9$140,040$3,467Yes
Tom HarmanRCA-35$36,948$21,878Not Voting
Dennis HollingsworthRCA-36$2,000$2,000Not Voting
Bob HuffRCA-29$13,895$24,155No
Christine KehoeDCA-39$36,925$5,150Yes
Mark LenoDCA-3$156,777$17,750Yes
Carol LiuDCA-21$60,200$7,600Yes
Alan LowenthalDCA-27$20,450$3,000Yes
Gloria Negrete McLeodDCA-32$26,400$33,300No
Jenny OropezaDCA-28$25,259$3,250Yes
Alex PadillaDCA-20$87,799$40,263Not Voting
Fran PavleyDCA-23$93,279$1,654Yes
Curren PriceDCA-26$34,109$17,200Yes
Gloria RomeroDCA-24$34,623$1,250Yes
George RunnerRCA-17$37,025$38,600No
Joe SimitianDCA-11$44,750$6,250Yes
Darrell SteinbergDCA-6$227,171$27,100Yes
Tony StricklandRCA-19$67,926$111,303No
Mimi WaltersRCA-33$44,375$46,950No
Pat WigginsDCA-2$9,650$4,000Yes
Lois WolkDCA-5$70,983$10,750Yes
Rod WrightDCA-25$33,650$41,966No
Mark WylandRCA-38$11,500$10,750No
Leland YeeDCA-8$34,900$37,300Yes

Add Data Filters:

Legislator Filters
Legislator Filters
Show All
NamePartyDistrict$ From Interest Groups
That Supported
$ From Interest Groups
That Opposed
Vote
Sam AanestadRCA-4$2,000$16,750Yes
Elaine AlquistDCA-13$15,000$4,000Yes
Roy AshburnRCA-18$0$0No
Ron CalderonDCA-30$18,100$55,998No
Gilbert CedilloDCA-22$17,150$3,100Yes
Dave CogdillRCA-14$12,300$29,715No
Ellen CorbettDCA-10$107,017$280Yes
Lou CorreaDCA-34$32,900$46,100Not Voting
Dave CoxRCA-1$5,050$16,100Not Voting
Mark DeSaulnierDCA-7$104,058$6,350Yes
Jeff DenhamRCA-12$15,550$18,648No
Denise DuchenyDCA-40$0$0Yes
Bob DuttonRCA-31$14,695$28,600No
Dean FlorezDCA-16$2,000$4,000Yes
Loni HancockDCA-9$140,040$3,467Yes
Tom HarmanRCA-35$36,948$21,878Not Voting
Dennis HollingsworthRCA-36$2,000$2,000Not Voting
Bob HuffRCA-29$13,895$24,155No
Christine KehoeDCA-39$36,925$5,150Yes
Mark LenoDCA-3$156,777$17,750Yes
Carol LiuDCA-21$60,200$7,600Yes
Alan LowenthalDCA-27$20,450$3,000Yes
Gloria Negrete McLeodDCA-32$26,400$33,300No
Jenny OropezaDCA-28$25,259$3,250Yes
Alex PadillaDCA-20$87,799$40,263Not Voting
Fran PavleyDCA-23$93,279$1,654Yes
Curren PriceDCA-26$34,109$17,200Yes
Gloria RomeroDCA-24$34,623$1,250Yes
George RunnerRCA-17$37,025$38,600No
Joe SimitianDCA-11$44,750$6,250Yes
Darrell SteinbergDCA-6$227,171$27,100Yes
Tony StricklandRCA-19$67,926$111,303No
Mimi WaltersRCA-33$44,375$46,950No
Pat WigginsDCA-2$9,650$4,000Yes
Lois WolkDCA-5$70,983$10,750Yes
Rod WrightDCA-25$33,650$41,966No
Mark WylandRCA-38$11,500$10,750No
Leland YeeDCA-8$34,900$37,300Yes

Interest Groups that supported this bill

$ Donated
Attorneys & law firms$1,584,179
Labor unions$112,100
Elderly issues & Social Security$175
Consumer groups$0

Interest Groups that opposed this bill

$ Donated
Restaurants & drinking establishments$294,413
Drug stores$185,779
Petroleum refining & marketing$123,453
Chambers of commerce$98,555
Retail trade$30,327
Small business organizations$13,500
Miscellaneous retail stores$500
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