Bill Text: CA AB846 | 2019-2020 | Regular Session | Amended
Bill Title: Public employment: public officers or employees declared by law to be peace officers.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2020-09-30 - Chaptered by Secretary of State - Chapter 322, Statutes of 2020. [AB846 Detail]
Download: California-2019-AB846-Amended.html
Amended
IN
Senate
June 25, 2020 |
Amended
IN
Senate
September 06, 2019 |
Amended
IN
Senate
July 11, 2019 |
Amended
IN
Assembly
May 20, 2019 |
Amended
IN
Assembly
April 30, 2019 |
Amended
IN
Assembly
April 12, 2019 |
Amended
IN
Assembly
March 25, 2019 |
Introduced by Assembly Members |
February 20, 2019 |
LEGISLATIVE COUNSEL'S DIGEST
Existing law, the California Consumer Privacy Act of 2018, beginning on January 1, 2020, grants a consumer various rights with regard to personal information relating to that consumer that is held by a business. Among these rights, the act allows a consumer to opt out of having the consumer’s personal information sold to third parties by a business, and the act requires a business that sells a consumer’s personal information to third parties to give that consumer notice, as specified. The act prohibits a business from discriminating against the consumer for exercising any of the consumer’s rights under the act, except that a business may offer a different price, rate, level, or quality of goods or services to a consumer if the differential treatment is reasonably related to value provided to the consumer by the consumer’s data.
The act
authorizes a business to enter a consumer into a financial incentive program only if the consumer affirmatively consents, subject to revocation at any time by the consumer, to the material terms of the incentive program, and the act requires a business that offers a financial incentive to a consumer to notify the consumer of the financial incentive, as specified.
The act further prohibits a business from using a financial incentive practice that is unjust, unreasonable, coercive, or usurious in nature.
This bill would prohibit the act from being construed to prohibit a business from offering a different price, rate, level, or quality of goods or services to a consumer if the offering is in connection with a consumer’s voluntary participation in a loyalty, rewards, premium features, discount, or club card program, as defined. The bill would prohibit a business from offering loyalty,
rewards, premium features, discounts, or club card programs that are unjust, unreasonable, coercive, or usurious in nature. The bill would prohibit a business from selling the personal information of consumers collected as part of a loyalty, rewards, premium features, discounts, or club card program, subject to specified exceptions, including that the business is authorized to sell the information to a third party for the purpose of providing the consumer with a financial incentive, sale, or other discount if the business obtains the express consent of the consumer to sell the information to the specific third party after the business discloses the terms of the sale, and the consumer is given the option to participate in the program, on equal terms with other participants, without consenting to the sale of the consumer’s personal
information with any third parties.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 1031 of the Government Code is amended to read:1031.
Each class of public officers or employees declared by law to be peace officers shall meet all of the following minimum standards:SEC. 2.
Section 1031.3 is added to the Government Code, to read:1031.3.
(a) The Commission on Peace Officer Standards and Training, by January 1, 2022, shall study, review, and update their regulations and associated screening materials related to the emotional and mental condition evaluation required by Section 1031 to incorporate both of the following:SEC. 3.
Section 13651 is added to the Penal Code, to read:13651.
(a) Every police department, sheriff’s office, or other entity that employs peace officers shall review the job description that is used in the recruitment and hiring of those peace officers and shall make changes that emphasize community-based policing, familiarization between law enforcement and community residents, and collaborative problem solving, while de-emphasizing the paramilitary aspects of the job.SEC. 4.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.The Legislature finds and declares that California consumers enjoy the benefits and convenience of customer loyalty programs. Studies show all of the following:
(a)Eighty percent of adults belong to some type of customer loyalty program.
(b)Customer loyalty program membership increased by 15 percent between 2015 and 2017.
(c)Eighty-seven percent of customer loyalty program members say they are open to sharing personal information about their activity and behavior in order to receive more personalized
rewards.
(a)This title shall not be construed to prohibit a business from offering a different price, rate, level, or quality of goods or services to a consumer, including offering its goods or services for no fee, if the offering is in connection with a consumer’s voluntary participation in a loyalty, rewards, premium features, discounts, or club card program.
(b)A business shall not offer loyalty, rewards, premium features, discounts, or club card programs that are unjust, unreasonable, coercive, or usurious in nature.
(c)As used in this section, “loyalty, rewards, premium features, discounts, or
club card program” includes an offering to one or more consumers of lower prices or rates for goods or services or a higher level or quality of goods or services, including through the use of discounts or other benefits, or a program through which consumers earn points, rewards, credits, incentives, gift cards or certificates, coupons, or access to sales or discounts on a priority or exclusive basis.
(d)Nothing in this section shall be construed to deny a consumer’s rights pursuant to Section 1798.120.
(e)(1)Except as provided in paragraph (2), a business shall not sell the personal information
of consumers collected as part of a loyalty, rewards, premium features, discounts, or club card program.
(2)A business may sell a consumer’s personal information collected as part of a loyalty, rewards, premium features, discounts, or club card program to a third party in order for the third party to provide the consumer with a financial incentive, sale, or other discount when both of the following conditions are met:
(A)The business obtains the express consent of the consumer to sell the information to the specific third party after the business discloses the terms of the sale. A consumer shall be given the option to participate in the program, on equal terms with other participants, without consenting to the sale of the consumer’s personal information with any third parties.
(B)The third party uses the information only for the purposes of identifying the consumer as an eligible member of the business’ loyalty, rewards, premium features, discounts, or club card program. The third party may not retain or otherwise use or disclose the personal information.