BILL NUMBER: AB 814 AMENDED
AMENDED IN ASSEMBLY JUNE 26, 2007
INTRODUCED BY Assembly Member Hayashi
FEBRUARY 22, 2007
An act to amend Section 14528.5 of the Government Code,
relating to transportation. An act to amend Section
350 of the Business and Professions Code, and to add Section 530.4 to
the Penal Code, relating to identity theft.
LEGISLATIVE COUNSEL'S DIGEST
AB 814, as amended, Hayashi. State Highway Routes 238 and
84. Consumer Sales Security Act.
Existing law establishes the Office of Privacy Protection, that
purpose of which is to protect the privacy of individuals' personal
information in a manner consistent with the California Constitution,
This bill, the Consumer Sales Security Act, would require that
office to develop an identity theft prevention program for businesses
and retailers that will educate them on security methods and
procedures to better protect the personal information and financial
data of their customers.
Under existing law, a person who willfully or with the intent to
defraud obtains personal identifying information of another person,
as defined, and uses that information for any unlawful purpose,
without the consent of that other person, is guilty of a misdemeanor
This bill would make it a felony for a person to illegally use or
tamper with an electronic funds transfer device, and thereby obtain
any personal identifying information or financial information. The
bill would state the intent of the Legislature to increase funding
for law enforcement to prevent and investigate identity theft related
to electronic funds transfer transactions.
Because the bill would create a new crime, the bill would impose a
state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
This bill would provide that no reimbursement is required by this
act for a specified reason.
Existing law authorizes a city or county in which a planned
transportation facility was to be located on State Highway Route 238,
and on a specified portion of State Highway Route 84, in Alameda
County to develop and file with the California Transportation
Commission a local alternative transportation program that addresses
transportation problems and opportunities, and provides for the use
of revenues from the sales of excess properties acquired for the
planned state facility in order to fund the local alternative
program, but limits the use of revenues from excess property sales to
state highway purposes. Existing law provides that the commission
may not approve a local alternative program under these provisions
after July 1, 2010.
This bill would make technical, nonsubstantive changes to those
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. This act shall be known and may be
cited as the Consumer Sales Security Act.
SEC. 2. Section 350 of the Business and
Professions Code is amended to read:
350. (a) There is hereby created in the Department of Consumer
Affairs an Office of Privacy Protection under the direction of the
Director of Consumer Affairs and the Secretary of the State and
Consumer Services Agency. The office's purpose shall be protecting
the privacy of individuals' personal information in a manner
consistent with the California Constitution by identifying consumer
problems in the privacy area and facilitating development of fair
information practices in adherence with the Information Practices Act
of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of
Part 4 of Division 3 of the Civil Code).
(b) The office shall inform the public of potential options for
protecting the privacy of, and avoiding the misuse of, personal
(c) The office shall make recommendations to organizations for
privacy policies and practices that promote and protect the interests
of California consumers.
(d) The office shall develop an identity theft prevention program
for businesses and retailers that will educate them on security
methods and procedures to better protect the personal information and
financial data of their customers.
(e) The office may promote voluntary and mutually
agreed upon nonbinding arbitration and mediation of privacy-related
disputes where appropriate.
(f) The Director of Consumer Affairs shall do all of
(1) Receive complaints from individuals concerning any person
obtaining, compiling, maintaining, using, disclosing, or disposing of
personal information in a manner that may be potentially unlawful or
provide advice, information, and referral, where available.
(2) Provide information to consumers on effective ways of handling
complaints that involve violations of privacy-related laws,
including identity theft and identity fraud. If appropriate local,
state, or federal agencies are available to assist consumers with
those complaints, the director shall refer those complaints to those
(3) Develop information and educational programs and materials to
foster public understanding and recognition of the purposes of this
(4) Investigate and assist in the prosecution of identity theft
and other privacy-related crimes, and, as necessary, coordinate with
local, state, and federal law enforcement agencies in the
investigation of similar crimes.
(5) Assist and coordinate in the training of local, state, and
federal law enforcement agencies regarding identity theft and other
privacy-related crimes, as appropriate.
(6) The authority of the office, the director, or the secretary,
to adopt regulations under this article shall be limited exclusively
to those regulations necessary and appropriate to implement
subdivisions (b), (c), (d), and (e).
SEC. 3. Section 530.4 is added to the
Penal Code , to read:
530.4. Every person who illegally uses or tampers with an
electronic funds transfer device, and thereby obtains any personal
identifying information or financial information, is guilty of a
SEC. 4. It is the intent of the Legislature to
increase funding for law enforcement to prevent and investigate
identity theft related to electronic funds transfer transactions,
pursuant to Chapter 5.7 (commencing with Section 13848) of Part 4 of
Title 6 of the Penal Code.
SEC. 5. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
SECTION 1. Section 14528.5 of the Government
Code is amended to read:
14528.5. (a) To resolve local transportation problems resulting
from the infeasibility of planned state transportation facilities on
State Highway Route 238 and State Highway Route 84 between existing
State Highway Routes 238 and 880, the city or county in which either
of the planned facilities were to be located, acting jointly with the
transportation planning agency having jurisdiction over the city or
county, may develop and file with the commission a local alternative
transportation improvement program that addresses transportation
problems and opportunities in the county which were to be served by
the planned facilities. Priorities for funding in the local
alternative program shall go to projects in the local voter-approved
transportation sales tax measure.
(b) The commission shall have the final authority regarding the
content and approval of the local alternative transportation
improvement program. The commission shall not approve a local
alternative transportation improvement program submitted under this
section after July 1, 2010.
(c) The proceeds from the sale of the excess properties, less any
reimbursements due to the federal government and the costs incurred
in the sale of those excess properties, shall be allocated by the
commission to fund the approved local alternative transportation
improvement program and shall not be subject to Sections 188 and
188.8 of the Streets and Highways Code. The proceeds shall be used
only for state highway purposes.
(d) This section does not apply to those highways that are in the
National System of Interstate and Defense Highways.
(e) This section applies only to State Highway Routes 238 and 84.