Tony Mendoza
- Democratic
Author
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.
Consideration of Governor's veto stricken from file.
Consideration of Governor's veto pending.
Vetoed by Governor.
Enrolled and to the Governor at 11:30 a.m.
Assembly Rule 77 suspended. (Ayes 50. Noes 26. Page 3191.)
Senate amendments concurred in. To enrollment. (Ayes 49. Noes 29. Page 3193.)
In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 10 pursuant to Assembly Rule 77.
Read third time, passed, and to Assembly. (Ayes 24. Noes 14. Page 2176.)
Read second time. To third reading.
From committee: Do pass. (Ayes 8. Noes 5.) (August 24).
In committee: Set, first hearing. Hearing canceled at the request of author.
Read second time, amended, and re-referred to Com. on APPR.
From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 3. Noes 2.) (July 7).
In committee: Set, first hearing. Testimony taken. Further hearing to be set.
In committee: Hearing postponed by committee.
From committee: Do pass, and re-refer to Com. on JUD. Re-referred. (Ayes 4. Noes 2.) (June 25).
In committee: Hearing postponed by committee.
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time, passed, and to Senate. (Ayes 49. Noes 30. Page 1719.)
Action rescinded and record expunged whereby a final roll call vote was taken.
Read second time. To third reading.
From committee: Do pass. (Ayes 11. Noes 5.) (May 13).
From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 7. Noes 3.) (April 27).
From committee: Do pass, and re-refer to Com. on JUD. Re-referred. (Ayes 5. Noes 2.) (April 22).
From committee chair, with author's amendments: Amend, and re-refer to Com. on L. & E. Read second time and amended.
From printer. May be heard in committee March 29.
Read first time. To print.
| Bill Text Versions | Format |
|---|---|
| AB943 | HTML |
| 02/26/09 - Introduced | |
| 04/14/09 - Amended Assembly | |
| 07/09/09 - Amended Senate | |
| 09/11/09 - Enrolled |
| Document | Format |
|---|---|
| No related documents. |
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