California 2009-2010 Regular Session Status: To Executive

AB 943 — Employment: credit reports.

Last action — Consideration of Governor's veto stricken from file.

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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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 confidential information, and (2) the position of the person for which the person is sought is a position in the state Department of Justice, a managerial position, a position in a city, county, or both city and county, 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. Consideration of Governor's veto stricken from file.

  2. Consideration of Governor's veto pending.

  3. Vetoed by Governor.

  4. Enrolled and to the Governor at 11:30 a.m.

  5. Senate amendments concurred in. To enrollment. (Ayes 49. Noes 29. Page 3193.)

  6. Assembly Rule 77 suspended. (Ayes 50. Noes 26. Page 3191.)

  7. In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 10 pursuant to Assembly Rule 77.

  8. Read third time, passed, and to Assembly. (Ayes 24. Noes 14. Page 2176.)

  9. Read second time. To third reading.

  10. From committee: Do pass. (Ayes 8. Noes 5.) (August 24).

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

  12. Read second time, amended, and re-referred to Com. on APPR.

  13. From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 3. Noes 2.) (July 7).

  14. In committee: Set, first hearing. Testimony taken. Further hearing to be set.

  15. In committee: Hearing postponed by committee.

  16. From committee: Do pass, and re-refer to Com. on JUD. Re-referred. (Ayes 4. Noes 2.) (June 25).

  17. In committee: Hearing postponed by committee.

  18. Referred to Coms. on L. & I.R. and JUD.

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

  20. Read third time, passed, and to Senate. (Ayes 49. Noes 30. Page 1719.)

  21. Action rescinded and record expunged whereby a final roll call vote was taken.

  22. Read second time. To third reading.

  23. From committee: Do pass. (Ayes 11. Noes 5.) (May 13).

  24. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 7. Noes 3.) (April 27).

  25. From committee: Do pass, and re-refer to Com. on JUD. Re-referred. (Ayes 5. Noes 2.) (April 22).

  26. Re-referred to Com. on L. & E.

  27. From committee chair, with author's amendments: Amend, and re-refer to Com. on L. & E. Read second time and amended.

  28. Referred to Coms. on L. & E. and JUD.

  29. From printer. May be heard in committee March 29.

  30. Read first time. To print.

Sponsors

  • Portantino · Cosponsor
  • Eng · Cosponsor
  • Ma · Cosponsor
  • Mendoza · Primary

Sponsorship breakdown

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1 sponsors · 3 co-sponsors · 118 not signed on · 4 voted No

Sponsors (1)

  • Mendoza

Co-sponsors (3)

  • Portantino
  • Eng
  • Ma

Not signed on (118)

118 members have not signed on to this bill.

Show all 118 →

"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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 943 MENDOZA Concurrence in Senate Amendments

Passed 58 Yea · 32 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 543001
Democratic 3000
Republican 1200
Total 583201
% of votes cast 64%35%0%1%
How each member voted (91)
Member Party Vote
Hall — Yea
Evans — Yea
Fuentes — Yea
Furutani — Yea
Galgiani — Yea
Carter — Yea
Charles — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fong — Yea
Chesbro — Yea
Coto — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Cook — Nay
Duvall — Not Voting
Bill — Nay
Tom — Nay
Fuller — Nay
Gilmore — Nay
Hagman — Nay
Fletcher — Nay
Audra — Nay
Harkey — Nay
Hill — Yea
Bass — Yea
Blakeslee — Nay
Huffman — Yea
Jeffries — Nay
Krekorian — Yea
Lieu — Yea
Mendoza — Yea
Miller — Nay
Monning — Yea
Nava — Yea
Ruskin — Yea
Smyth — Nay
Solorio — Yea
Torlakson — Yea
Torres — Yea
Tran — Nay
Villines — Nay
Adams — Nay
Ammiano — Yea
Anderson — Nay
Beall — Yea
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Hernandez — Yea
Huber — Nay
Knight — Nay
Logue — Nay
Ma — Yea
Nestande — Nay
Nielsen — Nay
Silva — Nay
Skinner — Yea
Swanson — Yea
Torrico — Yea
Conway — Nay
Emmerson — Nay
Eng — Yea
Feuer — Yea
Davis — Yea
DeVore — Nay
Yamada — 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 →

Assembly 3rd Reading AB943 Mendoza By Oropeza

Passed 25 Yea · 14 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 231302
Democratic 2000
Republican 0100
Total 251402
% of votes cast 61%34%0%5%
How each member voted (41)
Member Party Vote
Yee — Yea
Wyland — Nay
Lowenthal — Yea
Negrete — Yea
Cogdill — Nay
Hancock — Yea
Harman — Not Voting
Huff — Nay
Kehoe — Yea
Runner — Nay
Ducheny — Yea
Liu — Yea
McLeod — Yea
Oropeza — Yea
Pavley — Yea
Alquist — Yea
Benoit — Nay
Dutton — Nay
Romero — Not Voting
Simitian — Yea
Wiggins — Yea
Wright — Yea
Aanestad — Nay
Ashburn — Nay
Hollingsworth — Nay
Leno — Yea
Maldonado — Yea
Price — Yea
Steinberg — Yea
Walters — Nay
Wolk — Yea
Cedillo — Yea
Corbett — Yea
Correa — Nay
Cox — Nay
DeSaulnier — Yea
Denham — Nay
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Do pass.

Passed 8 Yea · 5 Nay
Party YeaNayPresentNot Voting
Unaffiliated 8500
Total 8500
% of votes cast 62%38%0%0%
How each member voted (13)
Member Party Vote
Yee — Yea
Wyland — Nay
Runner — Nay
Hancock — Yea
Leno — Yea
Walters — Nay
Wolk — Yea
Kehoe — Yea
Oropeza — Yea
Price — Yea
Corbett — Yea
Cox — Nay
Denham — Nay

Official roll call →

AB 943 MENDOZA Assembly Third Reading

Passed 58 Yea · 33 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 523101
Democratic 5000
Republican 1200
Total 583301
% of votes cast 63%36%0%1%
How each member voted (92)
Member Party Vote
Carter — Yea
Eng — Yea
Chesbro — Yea
Evans — Yea
Feuer — Yea
Furutani — Yea
Charles — Yea
Hall — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Bonnie — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
Ammiano — Yea
Block — Yea
Coto — Yea
Hernandez — Yea
Hill — Yea
Lieu — Yea
Monning — Yea
Nava — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Conway — Nay
Bill — Nay
Berryhill — Nay
Tom — Nay
Berryhill — Nay
Fuller — Nay
Fletcher — Nay
Gaines — Nay
Audra — Nay
Gilmore — Nay
Hagman — Nay
Harkey — Nay
Jeffries — Nay
Knight — Nay
Adams — Nay
Anderson — Nay
Duvall — Nay
Miller — Nay
Nestande — Nay
Price — Yea
Ruskin — Yea
Silva — Nay
Smyth — Nay
Solorio — Yea
Torlakson — Yea
Torres — Not Voting
Tran — Nay
Villines — Nay
Bass — Yea
Beall — Yea
Blakeslee — Nay
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Nay
Huffman — Yea
Krekorian — Yea
Logue — Nay
Ma — Yea
Mendoza — Yea
Nielsen — Nay
Skinner — Yea
Swanson — Yea
Torrico — Yea
Cook — Nay
A. — Yea
Emmerson — Nay
Davis — Yea
DeVore — Nay
Yamada — Yea
Fuentes — Yea
Galgiani — Yea
Garrick — Nay
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Lowenthal, Josh Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Nay

Official roll call →

Do pass.

Passed 15 Yea · 6 Nay
Party YeaNayPresentNot Voting
Unaffiliated 14500
Democratic 1000
Republican 0100
Total 15600
% of votes cast 71%29%0%0%
How each member voted (21)
Member Party Vote
Duvall — Nay
Charles — Yea
De — Yea
Leon — Yea
John — Yea
A. — Yea
Perez — Yea
Audra — Nay
Hall — Yea
Harkey — Nay
Miller — Nay
Price — Yea
Ammiano — Yea
Krekorian — Yea
Nielsen — Nay
Skinner — Yea
Solorio — Yea
Torlakson — Yea
Davis — 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 943 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 confidential information, and (2) the position of the person for which the person is sought is a position in the state Department of Justice, a managerial position, a position in a city, county, or both city and county, 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 943?
AB 943 is sponsored by Portantino, Eng, Ma, and Mendoza.
What is the current status of AB 943?
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 943?
Track AB 943 free on One Click Politics — get push/email alerts when it moves.

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