California 2009-2010 Regular Session Status: To Executive

AB 482 — Employment: credit reports.

Last action — Vetoed by Governor.

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

This bill died with 2009-2010 Regular Session. It reached “To Executive” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

The federal Fair Credit Reporting Act (FCRA) and the state Consumer Credit Reporting Agencies Act define and regulate consumer credit reports and authorize the use of consumer credit reports for employment purposes, pursuant to specified requirements. The FCRA provides that it does not preempt state law, except as specifically provided or to the extent that state laws are inconsistent with its provisions. Existing federal and state law specify the procedures that an employer is required to follow before requesting a report and if adverse action is taken based on the report. Under existing law, an employer may request a credit report for employment purposes so long as he or she provides written notice of the request to the person for whom the report is sought. Existing law requires that the written notice inform the person for whom the consumer credit report was sought of the source of the report and contain space for the person to request a copy of the report. Existing law further requires an employer, whenever he or she bases an adverse employment decision on information contained in a consumer credit report, to advise the person for whom the report was sought that an adverse action was taken based upon information contained in the report and provide the person with the name and address of the consumer credit agency making the report. This bill would prohibit an employer, with the exception of certain financial institutions, from obtaining a consumer credit report for employment purposes unless the information is (1) substantially job-related, meaning that the position of the person for whom the report is sought has access to money, other assets, or trade secrets or other confidential information, and (2) the position of the person for whom the report is sought is a position in the state Department of Justice, a managerial position, that of a sworn peace officer or other law enforcement position, or a position for which the information contained in the report is required to be disclosed by law or to be obtained by the employer.

Bill Text

Action History

  1. Vetoed by Governor.

  2. Enrolled and to the Governor at 4:45 p.m.

  3. Senate amendments concurred in. To enrollment. (Ayes 45. Noes 30. Page 6918.)

  4. From committee: With recommendation: That Senate amendments be concurred in. (Ayes 7. Noes 3.) (August 30).

  5. Joint Rule 62(a), file notice suspended. (Page 6850.)

  6. Re-referred to Com. on JUD. pursuant to Assembly Rule 77.2.

  7. In Assembly. Concurrence in Senate amendments pending.

  8. Read third time, passed, and to Assembly. (Ayes 21. Noes 14. Page 4938.)

  9. Reconsideration granted. (Ayes 36. Noes 0. Page 4804.)

  10. Motion to reconsider made by Senator Leno.

  11. Read third time, passage refused. (Ayes 19. Noes 16. Page 4803.)

  12. Read second time. To third reading.

  13. From committee: Do pass. (Ayes 7. Noes 3.) (August 2).

  14. Read second time and amended. Re-referred to Com. on APPR.

  15. From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 3. Noes 1.) (June 29).

  16. In committee: Set, first hearing. Hearing canceled at the request of author.

  17. From committee: Do pass, and re-refer to Com. on JUD. Re-referred. (Ayes 4. Noes 0.) (June 9).

  18. Re-referred to Coms. on L. & I.R. and JUD.

  19. Re-referred to Com. on RLS.

  20. Withdrawn from committee.

  21. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.

  22. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.

  23. In committee: Set, first hearing. Hearing canceled at the request of author.

  24. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.

  25. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 6. Noes 1.) (July 15).

  26. In committee: Hearing postponed by committee.

  27. In committee: Hearing postponed by committee.

  28. Referred to Com. on ED.

  29. In Senate. Read first time. To Com. on RLS. for assignment.

  30. Read third time, passed, and to Senate. (Ayes 48. Noes 30. Page 2061.)

  31. Read second time. To third reading.

  32. Read second time and amended. Ordered returned to second reading.

  33. From committee: Amend, and do pass as amended. (Ayes 12. Noes 5.) (May 28).

  34. In committee: Set, first hearing. Referred to APPR. suspense file.

  35. Re-referred to Com. on APPR.

  36. Read second time and amended.

  37. From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 8. Noes 2.) (April 15).

  38. Re-referred to Com. on ED.

  39. From committee chair, with author's amendments: Amend, and re-refer to Com. on ED. Read second time and amended.

  40. In committee: Set, first hearing. Hearing canceled at the request of author.

  41. Referred to Com. on ED.

  42. From printer. May be heard in committee March 27.

  43. Read first time. To print.

Sponsors

  • Mendoza · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 4 voted No

Sponsors (1)

  • Mendoza

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

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"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.

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Votes

AB 482 MENDOZA Concurrence in Senate Amendments

Passed 54 Yea · 33 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 503103
Republican 1200
Democratic 3000
Total 543303
% of votes cast 60%37%0%3%
How each member voted (90)
Member Party Vote
Hagman — Nay
Fletcher — Nay
Audra — Nay
Chesbro — Not Voting
Fuller — Nay
Gatto — Nay
Gilmore — Nay
Harkey — Nay
Jeffries — Nay
Knight — Nay
Logue — Nay
Nestande — Nay
Norby — Nay
Silva — Nay
Torres — Not Voting
Tran — Nay
Carter — Yea
Conway — Nay
Cook — Nay
Evans — Yea
Fuentes — Yea
Furutani — Yea
Hall — Yea
Charles — Yea
Hayashi — Yea
Huber — Yea
Huffman — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
John — Yea
A. — Yea
Perez — Yea
Coto — Yea
Bill — Nay
Tom — Nay
Lieu — Yea
Ma — Yea
Anderson — Nay
Bass — Yea
Mendoza — Yea
Nava — Yea
Skinner — Yea
Swanson — Yea
Torlakson — Yea
Torrico — Yea
Adams — Nay
Ammiano — Yea
Beall — Yea
Block — Not Voting
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hernandez — Yea
Hill — Nay
Monning — Yea
Miller — Nay
Nielsen — Nay
Ruskin — Yea
Smyth — Nay
Solorio — Yea
Villines — Nay
Eng — Yea
Feuer — Yea
Davis — Yea
DeVore — Nay
Yamada — Yea
Galgiani — Nay
Garrick — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Nay
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Nay

Official roll call →

Senate amendments be concurred in.

Passed 7 Yea · 3 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6300
Republican 1000
Total 7300
% of votes cast 70%30%0%0%
How each member voted (10)
Member Party Vote
Hagman — Nay
Saldana — Yea
Knight — Nay
Brownley — Yea
Huffman — Yea
Monning — Yea
Tran — Nay
Evans — Yea
Feuer — Yea
Jones, Brian W. Republican Yea

Official roll call →

Assembly 3rd Reading AB482 Mendoza By Leno

Passed 22 Yea · 14 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 201403
Democratic 2000
Republican 0001
Total 221404
% of votes cast 55%35%0%10%
How each member voted (40)
Member Party Vote
Yee — Yea
Cedillo — Yea
Hancock — Yea
Lowenthal — Yea
Negrete — Yea
Alquist — Yea
Ducheny — Yea
Kehoe — Yea
Leno — Yea
McLeod — Yea
Cogdill — Nay
Wyland — Nay
Runner — Nay
Dutton — Nay
Hollingsworth — Nay
Huff — Nay
Ashburn — Nay
Blakeslee — Nay
Pavley — Yea
Price — Yea
Romero — Yea
Steinberg — Yea
Walters — Nay
Aanestad — Nay
Harman — Nay
Liu — Yea
Oropeza — Not Voting
Simitian — Yea
Wiggins — Not Voting
Wolk — Nay
Wright — Yea
Corbett — Yea
Emmerson — Nay
Correa — Nay
DeSaulnier — Yea
Denham — Not Voting
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Not Voting

Official roll call →

Assembly 3rd Reading AB482 Mendoza Reconsider

Passed 37 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 34003
Democratic 2000
Republican 1000
Total 37003
% of votes cast 93%0%0%8%
How each member voted (40)
Member Party Vote
Yee — Yea
Cedillo — Yea
Cogdill — Yea
Corbett — Yea
Hancock — Yea
Harman — Not Voting
Hollingsworth — Yea
Huff — Yea
Kehoe — Yea
Leno — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Ducheny — Yea
Dutton — Yea
Blakeslee — Yea
McLeod — Yea
Oropeza — Not Voting
Price — Yea
Romero — Yea
Simitian — Yea
Steinberg — Yea
Walters — Yea
Wiggins — Not Voting
Wolk — Yea
Aanestad — Yea
Alquist — Yea
Ashburn — Yea
Liu — Yea
Pavley — Yea
Wright — Yea
Wyland — Yea
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Denham — Yea
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Assembly 3rd Reading AB482 Mendoza By Leno

Failed 19 Yea · 17 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 181603
Democratic 1001
Republican 0100
Total 191704
% of votes cast 48%43%0%10%
How each member voted (40)
Member Party Vote
Yee — Yea
Cedillo — Yea
Cogdill — Nay
Hancock — Yea
Lowenthal — Yea
Ducheny — Yea
Harman — Not Voting
Huff — Nay
Kehoe — Yea
Liu — Yea
Negrete — Nay
Runner — Nay
Dutton — Nay
McLeod — Nay
Ashburn — Nay
Blakeslee — Nay
Oropeza — Not Voting
Pavley — Yea
Romero — Yea
Simitian — Yea
Walters — Nay
Wiggins — Not Voting
Wright — Yea
Aanestad — Nay
Alquist — Yea
Hollingsworth — Nay
Leno — Yea
Price — Yea
Steinberg — Yea
Wolk — Nay
Wyland — Nay
Corbett — Yea
Emmerson — Nay
Correa — Nay
DeSaulnier — Yea
Denham — Nay
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Not Voting
Strickland, Tony Republican Nay

Official roll call →

Do pass.

Passed 7 Yea · 3 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 7301
Total 7301
% of votes cast 64%27%0%9%
How each member voted (11)
Member Party Vote
Yee — Yea
Wyland — Nay
Corbett — Yea
Kehoe — Yea
Price — Yea
Walters — Not Voting
Alquist — Yea
Ashburn — Nay
Leno — Yea
Wolk — Yea
Emmerson — Nay

Official roll call →

AB 482 MENDOZA Assembly Third Reading

Passed 57 Yea · 33 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 533102
Democratic 3000
Republican 1200
Total 573302
% of votes cast 62%36%0%2%
How each member voted (92)
Member Party Vote
Nava — Yea
V. — Yea
Carter — Yea
Evans — Yea
Feuer — Yea
Fuentes — Yea
Furutani — Yea
Hall — Yea
Chesbro — Yea
Hayashi — Yea
Hernandez — Yea
Hill — Yea
Charles — Yea
Huffman — Yea
Krekorian — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
Mendoza — Yea
Monning — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Conway — Nay
Bill — Nay
Tom — Nay
Fuller — Nay
Gilmore — Nay
Hagman — Nay
Yamada — Not Voting
Fletcher — Nay
Audra — Nay
Harkey — Nay
Cook — Nay
Jeffries — Nay
Knight — Nay
Miller — Nay
Nestande — Nay
Price — Yea
Ruskin — Yea
Silva — Nay
Skinner — Yea
Solorio — Yea
Swanson — Yea
Bass — Yea
DeVore — Nay
Duvall — Nay
Torres — Yea
Torrico — Yea
Villines — Nay
Adams — Nay
Ammiano — Yea
Anderson — Nay
Beall — Yea
Blakeslee — Nay
Block — Not Voting
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Huber — Nay
Lieu — Yea
Logue — Nay
Ma — Yea
Nielsen — Nay
Smyth — Nay
Torlakson — Yea
Tran — Nay
Emmerson — Nay
Coto — Yea
Eng — Yea
Davis — Yea
Galgiani — Yea
Garrick — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Nay
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Nay

Official roll call →

Do pass as amended.

Passed 16 Yea · 6 Nay
Party YeaNayPresentNot Voting
Unaffiliated 15500
Republican 0100
Democratic 1000
Total 16600
% of votes cast 73%27%0%0%
How each member voted (22)
Member Party Vote
De — Yea
Leon — Yea
John — Yea
A. — Yea
Perez — Yea
Audra — Nay
Duvall — Nay
Hall — Yea
Miller — Nay
Price — Yea
Solorio — Yea
Charles — Yea
Ammiano — Yea
Harkey — Nay
Krekorian — Yea
Nielsen — Nay
Skinner — Yea
Torlakson — Yea
Davis — Yea
Fuentes — Yea
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Subjects

civil-rights labor
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Frequently asked questions

What does AB 482 do?
The federal Fair Credit Reporting Act (FCRA) and the state Consumer Credit Reporting Agencies Act define and regulate consumer credit reports and authorize the use of consumer credit reports for employment purposes, pursuant to specified requirements. The FCRA provides that it does not preempt state law, except as specifically provided or to the extent that state laws are inconsistent with its provisions. Existing federal and state law specify the procedures that an employer is required to follow before requesting a report and if adverse action is taken based on the report. Under existing law, an employer may request a credit report for employment purposes so long as he or she provides written notice of the request to the person for whom the report is sought. Existing law requires that the written notice inform the person for whom the consumer credit report was sought of the source of the report and contain space for the person to request a copy of the report. Existing law further requires an employer, whenever he or she bases an adverse employment decision on information contained in a consumer credit report, to advise the person for whom the report was sought that an adverse action was taken based upon information contained in the report and provide the person with the name and address of the consumer credit agency making the report. This bill would prohibit an employer, with the exception of certain financial institutions, from obtaining a consumer credit report for employment purposes unless the information is (1) substantially job-related, meaning that the position of the person for whom the report is sought has access to money, other assets, or trade secrets or other confidential information, and (2) the position of the person for whom the report is sought is a position in the state Department of Justice, a managerial position, that of a sworn peace officer or other law enforcement position, or a position for which the information contained in the report is required to be disclosed by law or to be obtained by the employer.
Who sponsors AB 482?
AB 482 is sponsored by Mendoza.
What is the current status of AB 482?
This bill died with 2009-2010 Regular Session. It reached “To Executive” 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 AB 482?
Track AB 482 free on One Click Politics — get push/email alerts when it moves.

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