California 2013-2014 Regular Session Status: Passed Assembly

AB 25 — Employment: social media.

Last action — From Senate committee without further action.

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

This bill died with 2013-2014 Regular Session. It reached “Passed Assembly” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

Existing law prohibits a private 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. Existing law prohibits a private 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 that violates these provisions. This bill would apply the provisions described above to public employers, as defined. Notwithstanding that, the bill would allow law enforcement agencies to access social media accounts of a new hire applicant or lateral transfer applicant, as defined, once during the background check for a position as a sworn peace officer, if specified requirements are met. The bill would provide that any information gathered or viewed about a new hire applicant or 3rd party shall only be used for screening purposes and shall not be used as the basis for any action against a new hire applicant or 3rd party, as specified. The bill would also specify that civil penalties are allowed against law enforcement agencies or their employees, agents, or assigns who violate these provisions regarding the use of social media information in hiring lateral transfer applicants. The bill would state that its provisions address a matter of statewide interest and apply to public employers generally, including charter cities and counties.

Bill Text

Action History

  1. From Senate committee without further action.

  2. Re-referred to Com. on RLS.

  3. Read second time. Ordered to third reading.

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

  5. Action rescinded whereby the bill was read third time, passed, and to Assembly.

  6. In Senate. Held at Desk.

  7. Ordered to the Senate.

  8. In Assembly. Ordered to Engrossing and Enrolling.

  9. Read third time. Passed. Ordered to the Assembly. (Ayes 32. Noes 1. Page 2326.).

  10. Read second time. Ordered to third reading.

  11. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  12. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (June 12). Re-referred to Com. on APPR.

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

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

  15. Read third time. Passed. Ordered to the Senate. (Ayes 63. Noes 8. Page 1458.)

  16. Read second time. Ordered to third reading.

  17. From committee: Do pass. (Ayes 16. Noes 1.) (May 8).

  18. Re-referred to Com. on APPR.

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

  20. From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (April 24). Re-referred to Com. on APPR.

  21. From committee: Do pass and re-refer to Com. on P.E.,R. & S.S. (Ayes 8. Noes 2.) (April 16). Re-referred to Com. on P.E.,R. & S.S.

  22. In committee: Hearing postponed by committee.

  23. Re-referred to Com. on JUD.

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

  25. Referred to Coms. on JUD. and P.E.,R. & S.S.

  26. From printer. May be heard in committee January 3.

  27. Read first time. To print.

Sponsors

  • Campos · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 2 voted No

Sponsors (1)

  • Campos

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"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

3rd Reading AB25 Campos By Lieu

Passed 32 Yea · 1 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 29106
Democratic 3000
Total 32106
% of votes cast 82%3%0%15%
How each member voted (39)
Member Party Vote
Anderson — Nay
Hueso — Yea
Lara — Not Voting
Lieu — Yea
Nielsen — Yea
Wright — Yea
Corbett — Yea
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Wyland — Yea
Evans — Yea
Galgiani — Yea
Hernandez — Not Voting
Hill — Yea
Cannella — Yea
Huff — Yea
De León — Yea
Knight — Yea
Leno — Yea
Beall — Yea
Block — Yea
Liu — Yea
Monning — Yea
Pavley — Not Voting
Steinberg — Yea
Vidak — Yea
Walters — Yea
Wolk — Yea
Roth — Not Voting
Torres — Not Voting
Fuller — Not Voting
Yee — Yea
Hancock — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Calderon, Lisa Democratic Yea
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

AB 25 CAMPOS Assembly Third Reading

Passed 63 Yea · 8 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 55706
Democratic 6001
Republican 2101
Total 63808
% of votes cast 80%10%0%10%
How each member voted (79)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Bloom — Yea
Blumenfield — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Harkey — Not Voting
Levine — Yea
Linder — Yea
Logue — Yea
Maienschein — Nay
Mansoor — Nay
Olsen — Nay
Torres — Yea
Wagner — Nay
Wieckowski — Yea
Wilk — Nay
Hagman — Yea
Skinner — Yea
Lowenthal — Yea
Gray — Yea
Atkins — Yea
Frazier — Yea
Mitchell — Yea
Campos — Yea
Chesbro — Yea
Bonilla — Yea
Gomez — Yea
Gordon — Yea
Hall — Yea
Jones-Sawyer — Yea
Medina — Yea
Mullin — Yea
Bocanegra — Yea
Nazarian — Yea
Nestande — Yea
John A. Pérez — Yea
Pan — Yea
Salas — Yea
Perea — Yea
Ammiano — Yea
Chávez — Yea
Cooley — Yea
Dickinson — Yea
Donnelly — Yea
Eggman — Yea
Quirk — Yea
Rendon — Yea
Ting — Yea
Waldron — Yea
Weber — Yea
Williams — Yea
Chau — Yea
Stone — Not Voting
Holden — Not Voting
Conway — Nay
Bigelow — Not Voting
Melendez — Not Voting
Morrell — Not Voting
Daly — Yea
Fox — Yea
Gatto — Yea
Yamada — Yea
Gorell — Yea
Beth Gaines — Nay
Roger Hernández — Yea
V. Manuel Pérez — Yea
Allen, Benjamin Democratic Not Voting
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Garcia, Robert Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Not Voting
Jones, Brian W. Republican Nay
Patterson, Joe Republican Yea

Official roll call →

Do pass.

Passed 16 Yea · 1 Nay
Party YeaNayPresentNot Voting
Unaffiliated 15100
Democratic 1000
Total 16100
% of votes cast 94%6%0%0%
How each member voted (17)
Member Party Vote
Bigelow — Yea
Bradford — Yea
Quirk — Yea
Wagner — Nay
Weber — Yea
Gomez — Yea
Harkey — Yea
Linder — Yea
Bocanegra — Yea
Pan — Yea
Ammiano — Yea
Campos — Yea
Donnelly — Yea
Eggman — Yea
Gatto — Yea
Hall — Yea
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 25 do?
Existing law prohibits a private 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. Existing law prohibits a private 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 that violates these provisions. This bill would apply the provisions described above to public employers, as defined. Notwithstanding that, the bill would allow law enforcement agencies to access social media accounts of a new hire applicant or lateral transfer applicant, as defined, once during the background check for a position as a sworn peace officer, if specified requirements are met. The bill would provide that any information gathered or viewed about a new hire applicant or 3rd party shall only be used for screening purposes and shall not be used as the basis for any action against a new hire applicant or 3rd party, as specified. The bill would also specify that civil penalties are allowed against law enforcement agencies or their employees, agents, or assigns who violate these provisions regarding the use of social media information in hiring lateral transfer applicants. The bill would state that its provisions address a matter of statewide interest and apply to public employers generally, including charter cities and counties.
Who sponsors AB 25?
AB 25 is sponsored by Campos.
What is the current status of AB 25?
This bill died with 2013-2014 Regular Session. It reached “Passed Assembly” 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 25?
Track AB 25 free on One Click Politics — get push/email alerts when it moves.

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