California 2011-2012 Regular Session Status: Enacted

AB 1844 — Employer use of social media.

Last action — Chaptered by Secretary of State - Chapter 618, Statutes of 2012.

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

This bill has been enacted into law. Introduced February 22, 2012. Enacted.

Prognosis

Likely to advance 80% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 13 sponsors

    1 primary, 12 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 8 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law generally regulates the conduct of employers in the state. This bill would prohibit an employer from requiring or requesting an employee or applicant for employment to disclose a username or password for the purpose of accessing personal social media, to access personal social media in the presence of the employer, or to divulge any personal social media. This bill would also prohibit an employer from discharging, disciplining, threatening to discharge or discipline, or otherwise retaliating against an employee or applicant for not complying with a request or demand by the employer that violates these provisions. Under existing law, the Labor Commissioner, who is the Chief of the Division of Labor Standards Enforcement in the Department of Industrial Relations, is required to establish and maintain a field enforcement unit to investigate specified violations of the Labor Code and other labor laws and to enforce minimum labor standards. Existing law authorizes, and under specified circumstances requires, the Labor Commissioner to investigate employee complaints of violations of the Labor Code, provide for a hearing, and determine all matters arising under his or her jurisdiction. This bill would provide that the Labor Commissioner is not required to investigate or determine any violation of a provision of this bill.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 618, Statutes of 2012.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4:40 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 80. Noes 0. Page 6542.).

  5. Assembly Rule 77 suspended. (Page 6488.)

  6. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 30 pursuant to Assembly Rule 77.

  7. Read third time. Passed. Ordered to the Assembly. (Ayes 29. Noes 5. Page 4886.).

  8. Read second time. Ordered to third reading.

  9. Read third time and amended. Ordered to second reading.

  10. Read second time. Ordered to third reading.

  11. Read third time and amended. Ordered to second reading.

  12. Reconsideration granted. (Ayes 38. Noes 0. Page 4578.)

  13. Reconsideration of favorable vote granted.

  14. Read third time. Passed. Ordered to the Assembly. (Ayes 37. Noes 0. Page 4578.).

  15. Read second time and amended. Ordered to third reading.

  16. From committee: Do pass as amended. (Ayes 5. Noes 0.) (June 27).

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

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

  19. Referred to Com. on L. & I.R.

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

  21. Read third time. Passed. Ordered to the Senate. (Ayes 73. Noes 0. Page 4779.)

  22. Read second time. Ordered to third reading.

  23. From committee: Do pass. (Ayes 7. Noes 0.) (May 2).

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

  25. Read second time and amended.

  26. From committee: Do pass as amended and re-refer to Com. on L. & E. with recommendation: to consent calendar. (Ayes 10. Noes 0.) (April 24).

  27. Re-referred to Com. on JUD.

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

  29. Re-referred to Com. on JUD.

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

  31. Re-referred to Coms. on JUD. and L. & E. pursuant to Assembly Rule 96.

  32. Referred to Com. on L. & E.

  33. From printer. May be heard in committee March 24.

  34. Read first time. To print.

Sponsors

  • Alejo · Cosponsor
  • Campos · Primary
  • Portantino · Cosponsor
  • Gordon · Cosponsor
  • Hueso · Cosponsor
  • Lara · Cosponsor
  • Perea · Cosponsor
  • Wagner · Cosponsor
  • Wieckowski · Cosponsor
  • Yamada · Cosponsor
  • Yee · Cosponsor
  • Roger Hernández · Cosponsor
  • Travis Allen · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 12 co-sponsors · 109 not signed on · 1 voted No

Sponsors (1)

  • Campos

Co-sponsors (12)

Not signed on (109)

109 members have not signed on to this bill.

Show all 109 →

"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 1844 CAMPOS Concurrence in Senate Amendments

Passed 80 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 77000
Democratic 1000
Republican 2000
Total 80000
% of votes cast 100%0%0%0%
How each member voted (80)
Member Party Vote
Gorell — Yea
Halderman — Yea
Butler — Yea
Carter — Yea
Hill — Yea
Huber — Yea
Yamada — Yea
John A. Pérez — Yea
Mitchell — Yea
Feuer — Yea
Furutani — Yea
Atkins — Yea
Galgiani — Yea
Campos — Yea
Gatto — Yea
Gordon — Yea
Cedillo — Yea
Portantino — Yea
Hagman — Yea
Hall — Yea
Chesbro — Yea
Allen — Yea
Harkey — Yea
Hueso — Yea
Bonilla — Yea
Huffman — Yea
Fong — Yea
Fletcher — Yea
Conway — Yea
Jeffries — Yea
Ammiano — Yea
Beall — Yea
Cook — Yea
Davis — Yea
Dickinson — Yea
Donnelly — Yea
Lara — Yea
Logue — Yea
Mendoza — Yea
Miller — Yea
Morrell — Yea
Nestande — Yea
Norby — Yea
Olsen — Yea
Perea — Yea
Skinner — Yea
Smyth — Yea
Swanson — Yea
Torres — Yea
Wagner — Yea
Wieckowski — Yea
Monning — Yea
Achadjian — Yea
Alejo — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Knight — Yea
Ma — Yea
Mansoor — Yea
Nielsen — Yea
Pan — Yea
Silva — Yea
Solorio — Yea
Valadao — Yea
Williams — Yea
Eng — Yea
Fuentes — Yea
Garrick — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

3rd Reading AB1844 Campos By Padilla

Passed 29 Yea · 5 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 27505
Democratic 2000
Republican 0001
Total 29506
% of votes cast 73%13%0%15%
How each member voted (40)
Member Party Vote
Yee — Yea
Lowenthal — Yea
De León — Yea
Hancock — Yea
Wyland — Not Voting
Negrete McLeod — Yea
Rubio — Yea
Cannella — Yea
Evans — Yea
Runner — Not Voting
Corbett — Yea
Blakeslee — Nay
Dutton — Yea
Leno — Yea
Vargas — Yea
Walters — Nay
Wright — Yea
Harman — Yea
Hernandez — Yea
Kehoe — Yea
Price — Yea
Simitian — Yea
Steinberg — Yea
Wolk — Yea
Alquist — Yea
Anderson — Nay
Huff — Yea
Lieu — Not Voting
Liu — Yea
Pavley — Not Voting
Emmerson — Not Voting
Correa — Nay
DeSaulnier — Yea
Fuller — Yea
Beth Gaines — Nay
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Not Voting

Official roll call →

3rd Reading AB1844 Campos By Padilla Reconsider

Passed 38 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 36001
Republican 1000
Democratic 1001
Total 38002
% of votes cast 95%0%0%5%
How each member voted (40)
Member Party Vote
Yee — Yea
Wyland — Yea
Evans — Yea
Runner — Yea
Lowenthal — Yea
Cannella — Yea
De León — Yea
Negrete McLeod — Yea
Rubio — Yea
Hancock — Yea
Corbett — Yea
Hernandez — Yea
Alquist — Yea
Anderson — Yea
Blakeslee — Yea
Dutton — Yea
Leno — Yea
Liu — Yea
Pavley — Yea
Simitian — Yea
Walters — Yea
Wolk — Yea
Harman — Yea
Huff — Yea
Kehoe — Yea
Lieu — Not Voting
Price — Yea
Steinberg — Yea
Vargas — Yea
Wright — Yea
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Fuller — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Not Voting
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

3rd Reading AB1844 Campos By Padilla

Passed 37 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 35002
Republican 1000
Democratic 1001
Total 37003
% of votes cast 93%0%0%8%
How each member voted (40)
Member Party Vote
Wyland — Yea
Runner — Yea
Lowenthal — Yea
De León — Yea
Anderson — Yea
Hancock — Yea
Harman — Yea
Huff — Yea
Liu — Yea
Steinberg — Yea
Walters — Yea
Wolk — Yea
Yee — Yea
Negrete McLeod — Yea
Rubio — Yea
Fuller — Yea
Cannella — Yea
Corbett — Yea
Dutton — Yea
Lieu — Not Voting
Pavley — Yea
Simitian — Not Voting
Wright — Yea
Alquist — Yea
Blakeslee — Yea
Hernandez — Yea
Kehoe — Yea
Leno — Yea
Price — Yea
Vargas — Yea
Emmerson — Yea
Correa — Yea
Evans — Yea
DeSaulnier — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Not Voting
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass as amended.

Passed 5 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 4002
Democratic 1000
Total 5002
% of votes cast 71%0%0%29%
How each member voted (7)
Member Party Vote
Yee — Yea
Runner — Not Voting
DeSaulnier — Yea
Leno — Yea
Lieu — Yea
Wyland — Not Voting
Padilla, Stephen C. Democratic Yea

Official roll call →

AB 1844 CAMPOS Assembly Third Reading

Passed 73 Yea · 0 Nay · 7 Other
Party YeaNayPresentNot Voting
Republican 2000
Unaffiliated 71006
Democratic 0001
Total 73007
% of votes cast 91%0%0%9%
How each member voted (80)
Member Party Vote
Halderman — Yea
Butler — Yea
Fuentes — Yea
Gatto — Yea
Gorell — Yea
Hagman — Yea
Fong — Yea
Carter — Yea
Harkey — Yea
Allen — Yea
Hill — Yea
Hueso — Yea
Huffman — Yea
Cedillo — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Alejo — Yea
Conway — Yea
Davis — Yea
Nestande — Yea
Perea — Yea
Silva — Yea
Skinner — Yea
Yamada — Yea
Campos — Yea
Galgiani — Yea
Bonilla — Yea
Atkins — Yea
Fletcher — Not Voting
Gordon — Yea
Hall — Yea
Hayashi — Yea
Chesbro — Yea
Cook — Not Voting
Donnelly — Yea
Lara — Yea
Mendoza — Yea
Miller — Yea
Morrell — Yea
Norby — Yea
Olsen — Not Voting
Solorio — Yea
Wieckowski — Yea
Swanson — Yea
Valadao — Yea
Wagner — Yea
Williams — Yea
Achadjian — Yea
Ammiano — Yea
Beall — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Huber — Yea
Jeffries — Not Voting
Knight — Yea
Logue — Yea
Ma — Yea
Mansoor — Yea
Monning — Yea
Nielsen — Yea
Pan — Yea
Smyth — Yea
Torres — Yea
Eng — Yea
Feuer — Yea
Dickinson — Yea
Furutani — Not Voting
Garrick — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Not Voting
Calderon, Lisa Democratic Not Voting
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass.

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Gorell — Yea
Allen — Yea
Morrell — Yea
Swanson — Yea
Torres — Yea
Alejo — Yea
Yamada — Yea

Official roll call →

Amend, and do pass as amended and be re-referred to the Committee on Labor and Employment with the recommendation: To Consent Calendar.

Passed 10 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 1000
Unaffiliated 9000
Total 10000
% of votes cast 100%0%0%0%
How each member voted (10)
Member Party Vote
Atkins — Yea
Gorell — Yea
Monning — Yea
Wagner — Yea
Wieckowski — Yea
Alejo — Yea
Huber — Yea
Feuer — Yea
Dickinson — Yea
Jones, Brian W. Republican Yea

Official roll call →

Subjects

civil-rights labor
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 1844 do?
Existing law generally regulates the conduct of employers in the state. This bill would prohibit an employer from requiring or requesting an employee or applicant for employment to disclose a username or password for the purpose of accessing personal social media, to access personal social media in the presence of the employer, or to divulge any personal social media. This bill would also prohibit an employer from discharging, disciplining, threatening to discharge or discipline, or otherwise retaliating against an employee or applicant for not complying with a request or demand by the employer that violates these provisions. Under existing law, the Labor Commissioner, who is the Chief of the Division of Labor Standards Enforcement in the Department of Industrial Relations, is required to establish and maintain a field enforcement unit to investigate specified violations of the Labor Code and other labor laws and to enforce minimum labor standards. Existing law authorizes, and under specified circumstances requires, the Labor Commissioner to investigate employee complaints of violations of the Labor Code, provide for a hearing, and determine all matters arising under his or her jurisdiction. This bill would provide that the Labor Commissioner is not required to investigate or determine any violation of a provision of this bill.
Who sponsors AB 1844?
AB 1844 is sponsored by Alejo, Campos, Portantino, Gordon, Hueso, Lara, Perea, Wagner, Wieckowski, Yamada, Yee, Roger Hernández, and Travis Allen.
What is the current status of AB 1844?
This bill has been enacted into law. Introduced February 22, 2012. Enacted.
Where can I track AB 1844?
Track AB 1844 free on One Click Politics — get push/email alerts when it moves.

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