California 2011-2012 Regular Session Status: Enacted

AB 22 — Employment: credit reports.

Last action — Chaptered by Secretary of State - Chapter 724, Statutes of 2011.

  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 December 06, 2010. Enacted.

Prognosis

Likely to advance 76% · 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.

  • 4 sponsors

    1 primary, 3 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 9 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

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. Existing federal law provides that, subject to certain exceptions, an employer may not procure a report or cause one to be procured for employment purposes, unless prior disclosure of the procurement is made to the consumer and the consumer authorizes the procurement, as specified. Existing federal law further requires, subject to certain exceptions, an employer, before taking any adverse action based on the report, to provide the consumer with a copy of the report and a written description of certain rights of the consumer. Under existing state law, an employer may request a credit report for employment purposes so long as he or she provides prior written notice of the request to the person for whom the report is sought. Existing state law also requires that the written notice inform the person for whom the consumer credit report is sought that a report will be used and of the source of the report and contain space for the person to request a copy of the report. Existing state 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. A consumer who suffers damages resulting from a violation of these state law provisions may bring a court action to recover monetary damages, as specified, but no person is liable for the violation if he or she shows reasonable procedures were maintained to assure compliance with the provisions, as specified. This bill would prohibit an employer or prospective employer, with the exception of certain financial institutions, from obtaining a consumer credit report, as defined, for employment purposes unless the position of the person for whom the report is sought is (1) a position in the state Department of Justice, (2) a managerial position, as defined, (3) that of a sworn peace officer or other law enforcement position, (4) a position for which the information contained in the report is required by law to be disclosed or obtained, (5) a position that involves regular access to specified personal information for any purpose other than the routine solicitation and processing of credit card applications in a retail establishment, (6) a position in which the person is or would be a named signatory on the employer's bank or credit card account, or authorized to transfer money or enter into financial contracts on the employer's behalf, (7) a position that involves access to confidential or proprietary information, as specified, or (8) a position that involves regular access to $10,000 or more of cash, as specified. This bill would also require the written notice informing the person for whom a consumer credit report is sought for employment purposes to also inform the person of the specific reason for obtaining the report, as specified.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 724, Statutes of 2011.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 12:30 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 48. Noes 28. Page 3124.).

  5. In Assembly. Concurrence in Senate amendments pending.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 21. Noes 17. Page 2396.).

  7. Read second time. Ordered to third reading.

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

  9. Read second time. Ordered to third reading.

  10. From committee: Do pass. (Ayes 6. Noes 2.) (August 15).

  11. From committee: Do pass and re-refer to Com. on APPR. (Ayes 3. Noes 2.) (June 28). Re-referred to Com. on APPR.

  12. From committee: Do pass and re-refer to Com. on JUD. (Ayes 5. Noes 1.) (June 22). Re-referred to Com. on JUD.

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

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

  15. Read third time. Passed. Ordered to the Senate. (Ayes 45. Noes 29. Page 1458.)

  16. Read third time and amended. Ordered to third reading. (Page 1351.)

  17. Read second time. Ordered to third reading.

  18. From committee: Do pass. (Ayes 11. Noes 6.) (May 4).

  19. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (April 13). Re-referred to Com. on APPR.

  20. From committee: Do pass and re-refer to Com. on L. & E. (Ayes 6. Noes 4.) (March 22). Re-referred to Com. on L. & E.

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

  22. Re-referred to Com. on JUD.

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

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

  25. From printer. May be heard in committee January 6.

  26. Read first time. To print.

Sponsors

  • Davis · Cosponsor
  • Huffman · Cosponsor
  • Mendoza · Primary
  • Travis Allen · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 3 co-sponsors · 118 not signed on · 6 voted No

Sponsors (1)

  • Mendoza

Co-sponsors (3)

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 22 MENDOZA Concurrence in Senate Amendments

Passed 48 Yea · 28 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 472604
Republican 0200
Democratic 1000
Total 482804
% of votes cast 60%35%0%5%
How each member voted (80)
Member Party Vote
Gordon — Yea
Gorell — Not Voting
Halderman — Nay
Feuer — Yea
Yamada — Yea
Fuentes — Yea
Fong — Yea
Galgiani — Yea
Allen — Yea
Garrick — Nay
Gatto — Nay
Butler — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Hagman — Nay
Hall — Yea
Campos — Yea
Harkey — Nay
Bonilla — Yea
Atkins — Yea
Hill — Yea
Huber — Nay
Carter — Yea
Huffman — Yea
Fletcher — Nay
Beall — Yea
Block — Yea
Cedillo — Yea
Conway — Nay
Cook — Nay
Davis — Yea
Jeffries — Nay
Lara — Yea
Logue — Nay
Mendoza — Yea
Miller — Nay
Monning — Yea
Morrell — Nay
Norby — Nay
Olsen — Nay
Silva — Nay
Skinner — Yea
Solorio — Yea
Swanson — Yea
Valadao — Nay
Wagner — Nay
Williams — Yea
Chesbro — Not Voting
Donnelly — Nay
Perea — Not Voting
Achadjian — Nay
Alejo — Yea
Ammiano — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Hueso — Yea
Knight — Nay
Ma — Yea
Mansoor — Nay
Nestande — Nay
Nielsen — Not Voting
Pan — Yea
Smyth — Nay
Torres — Yea
Wieckowski — Yea
Eng — Yea
Dickinson — Yea
Furutani — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

3rd Reading AB22 Mendoza By DeSaulnier

Passed 21 Yea · 17 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 201601
Republican 0100
Democratic 1001
Total 211702
% of votes cast 53%43%0%5%
How each member voted (40)
Member Party Vote
Yee — Yea
Wyland — Nay
Lowenthal — Yea
De León — Yea
Negrete McLeod — Yea
Rubio — Yea
Cannella — Nay
Evans — Yea
Fuller — Nay
Runner — Nay
Hancock — Yea
Harman — Nay
Hernandez — Not Voting
Corbett — Yea
Anderson — Nay
Correa — Nay
Dutton — Nay
Kehoe — Yea
Lieu — Yea
Liu — Yea
Pavley — Yea
Price — Yea
Simitian — Yea
Steinberg — Yea
Vargas — Yea
Wolk — Yea
Alquist — Yea
Blakeslee — Nay
Huff — Nay
Leno — Yea
Walters — Nay
Wright — Nay
Emmerson — Nay
DeSaulnier — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
La Malfa — Nay
Calderon, Lisa Democratic Not Voting
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Do pass.

Passed 6 Yea · 2 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 6201
Total 6201
% of votes cast 67%22%0%11%
How each member voted (9)
Member Party Vote
Runner — Not Voting
Pavley — Yea
Walters — Nay
Alquist — Yea
Kehoe — Yea
Lieu — Yea
Price — Yea
Steinberg — Yea
Emmerson — Nay

Official roll call →

AB 22 MENDOZA Assembly Third Reading

Passed 45 Yea · 29 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 442706
Democratic 1000
Republican 0200
Total 452906
% of votes cast 56%36%0%8%
How each member voted (80)
Member Party Vote
Hall — Yea
Butler — Yea
Fong — Yea
Allen — Yea
Carter — Yea
Cedillo — Yea
Swanson — Yea
Williams — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Huffman — Yea
Skinner — Yea
Gordon — Yea
Hayashi — Yea
Bonilla — Yea
Atkins — Yea
Beall — Yea
Hueso — Yea
Dickinson — Yea
Lara — Yea
Mendoza — Yea
Monning — Yea
Pan — Yea
Torres — Yea
Gatto — Nay
Hagman — Nay
Huber — Nay
Conway — Nay
Logue — Nay
Cook — Nay
Smyth — Nay
Wagner — Nay
Fletcher — Nay
Chesbro — Not Voting
Galgiani — Not Voting
Gorell — Not Voting
Halderman — Nay
Donnelly — Nay
Jeffries — Nay
Knight — Nay
Miller — Nay
Morrell — Nay
Nielsen — Nay
Norby — Nay
Perea — Not Voting
Achadjian — Nay
Alejo — Not Voting
Ammiano — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Nay
Hill — Yea
Ma — Not Voting
Mansoor — Nay
Nestande — Nay
Olsen — Nay
Silva — Nay
Solorio — Yea
Valadao — Nay
Wieckowski — Yea
Campos — Yea
Eng — Yea
Feuer — Yea
Davis — Yea
Fuentes — Yea
Furutani — Yea
Garrick — Nay
Yamada — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Do pass.

Passed 11 Yea · 6 Nay
Party YeaNayPresentNot Voting
Unaffiliated 10600
Democratic 1000
Total 11600
% of votes cast 65%35%0%0%
How each member voted (17)
Member Party Vote
Campos — Yea
Hall — Yea
Mitchell — Yea
Harkey — Nay
Hill — Yea
Davis — Yea
Donnelly — Nay
Norby — Nay
Solorio — Yea
Blumenfield — Yea
Bradford — Yea
Lara — Yea
Nielsen — Nay
Wagner — Nay
Fuentes — Yea
Gatto — Nay
Calderon, Lisa Democratic 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 22 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. Existing federal law provides that, subject to certain exceptions, an employer may not procure a report or cause one to be procured for employment purposes, unless prior disclosure of the procurement is made to the consumer and the consumer authorizes the procurement, as specified. Existing federal law further requires, subject to certain exceptions, an employer, before taking any adverse action based on the report, to provide the consumer with a copy of the report and a written description of certain rights of the consumer. Under existing state law, an employer may request a credit report for employment purposes so long as he or she provides prior written notice of the request to the person for whom the report is sought. Existing state law also requires that the written notice inform the person for whom the consumer credit report is sought that a report will be used and of the source of the report and contain space for the person to request a copy of the report. Existing state 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. A consumer who suffers damages resulting from a violation of these state law provisions may bring a court action to recover monetary damages, as specified, but no person is liable for the violation if he or she shows reasonable procedures were maintained to assure compliance with the provisions, as specified. This bill would prohibit an employer or prospective employer, with the exception of certain financial institutions, from obtaining a consumer credit report, as defined, for employment purposes unless the position of the person for whom the report is sought is (1) a position in the state Department of Justice, (2) a managerial position, as defined, (3) that of a sworn peace officer or other law enforcement position, (4) a position for which the information contained in the report is required by law to be disclosed or obtained, (5) a position that involves regular access to specified personal information for any purpose other than the routine solicitation and processing of credit card applications in a retail establishment, (6) a position in which the person is or would be a named signatory on the employer's bank or credit card account, or authorized to transfer money or enter into financial contracts on the employer's behalf, (7) a position that involves access to confidential or proprietary information, as specified, or (8) a position that involves regular access to $10,000 or more of cash, as specified. This bill would also require the written notice informing the person for whom a consumer credit report is sought for employment purposes to also inform the person of the specific reason for obtaining the report, as specified.
Who sponsors AB 22?
AB 22 is sponsored by Davis, Huffman, Mendoza, and Travis Allen.
What is the current status of AB 22?
This bill has been enacted into law. Introduced December 06, 2010. Enacted.
Where can I track AB 22?
Track AB 22 free on One Click Politics — get push/email alerts when it moves.

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