BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 482
                                                                  Page  1

          CONCURRENCE IN SENATE AMENDMENTS
          AB 482 (Mendoza)
          As Amended  July 15, 2010
          Majority vote
           
           ----------------------------------------------------------------- 
          |ASSEMBLY:  |     |(June 3, 2009)  |SENATE: |21-14|(August 26,    |
          |           |     |                |        |     |2010)          |
           ----------------------------------------------------------------- 
               (vote not relevant)
           
           Original Committee Reference:    ED.  

           SUMMARY  :  Prohibits the use of consumer credit reports for  
          employment purposes, except as specified.

           The Senate amendments  delete the contents of the bill and  
          instead:

          1 Prohibit the use of a consumer credit report employment  
            purposes unless:

             a)   The information contained in the report is substantially  
               job-related, meaning that the position of the person for  
               whom the report is sought has access to money, other assets  
               or trade secrets or other confidential information; and, 

             b)   The position of the person for whom the report is sought  
               is a managerial position, a position in the Department of  
               Justice, 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.

          2)Provide that these provisions do not apply to a person or  
            business subject to the federal Gramm-Leach-Bliley Act  
            (governing financial institutions) and implementing  
            regulations, if the person or business is subject to  
            compliance oversight by a state or federal regulatory agency  
            with respect to those laws.

          3)Add related legislative findings and declarations.

           FISCAL EFFECT  :  According to the Senate Appropriations  
          Committee, though not specified, enforcement would likely be the  








                                                                  AB 482
                                                                  Page  2

          responsibility of the Division of Labor Standards Enforcement.   
          These enforcement costs are estimated at up to $120,000 annually  
          in special funds.

           AS PASSED BY THE ASSEMBLY  , this bill required the State Board of  
          Education (SBE) to revise the reading/language arts framework to  
          address the needs of English learners, as specified.

           COMMENTS  :  The federal Fair Credit Reporting Act (FCRA) was  
          enacted to promote accuracy, fairness, and privacy of personal  
          information assembled by consumer credit reporting agencies.   
          The FCRA regulates how employers may use consumer reports, which  
          are defined as reports containing information pertaining to a  
          person's credit worthiness, credit standing, credit capacity,  
          character, general reputation, personal characteristics, or mode  
          of living.  The FCRA does not exempt employers from complying  
          with state laws governing background checks.
           

          The FCRA only applies where an employer uses a third-party to  
          perform a background check.  In that event, the FCRA requires  
          that the employer notify the applicant and obtain consent for  
          the background check.  If an adverse decision is made based upon  
          the background check, the employer must provide the applicant  
          with notice of the adverse decision and the name, address, and  
          telephone number of the consumer reporting agency making the  
          report.  The employer is also required to give the applicant a  
          copy of the report and information on how to dispute the  
          contents of the report.
           
          California's Consumer Credit Reporting Agencies Act (CCRAA), the  
          state's counterpart to the FCRA, generally regulates consumer  
          credit reporting agencies.  (Civ. Code Sec. 1785.1 et seq.)   
          Among other things, the CCRAA requires every consumer credit  
          reporting agency to allow a consumer, upon request and with  
          proper identification, to visually inspect all files pertaining  
          to him or her that the agency maintains at the time of the  
          request.  The CCRAA permits consumers to dispute inaccurate  
          information and requires a consumer credit reporting agency to  
          reinvestigate disputed information without charge.
           
          Additionally, California law, the Investigative Consumer  
          Reporting Agencies Act, generally regulates investigative  
          consumer reporting agencies.  (Civ. Code Sec. 1786 et seq.)   
          Such agencies are defined as any person, corporation, or other  








                                                                  AB 482
                                                                  Page  3

          entity that collects, reports, or transmits information  
          concerning consumers for the purpose of providing investigative  
          consumer reports to third parties, as specified.  Investigative  
          consumer reports may be given only to third parties the agency  
          believes is using the information for:  1) employment purposes;  
          2) determining a consumer's eligibility for insurance; 3) hiring  
          a residential unit; or, 4) other specified reasons.
           
          Proponents of this bill argue that working families in  
          California are facing the worst economic crisis since the Great  
          Depression.  Unemployment is at a twenty-five year high, 500  
          families lose their homes to foreclosure each day, and those who  
          have jobs are facing furloughs and wage cuts.   According to  
          proponents, in this economic climate particularly, a person's  
          credit history says nothing about his or her character or  
          ability to do a job effectively and responsibly.  Yet,  
          proponents argue, employers routinely rely on credit reports to  
          deny employment to those who would have otherwise been given a  
          job.  Proponents are also concerned that conducting credit  
          checks is flawed by the high rate of errors in credit reports as  
          well as the over reliance on out-dated information about an  
          individual.

          In opposition to the bill, a coalition of business interests  
          contends that "while an individual's credit history by itself is  
          not predictive of potential theft, access to credit information  
          can reveal patterns that may present an unreasonable risk to  
          businesses resulting from an irresponsibility with regard to, or  
          inability to, handle personal financial commitments."  The  
          opposition further asserts that this bill "prohibits employers  
          from performing their due diligence in screening applicants,  
          thus subjecting employers to a greater risk of inadvertently  
          violating the law or being subject to frivolous employment  
          litigation.  This risk is compounded by the fact that, in most  
          situations, employers are liable for the actions of employees in  
          the performance of their job duties, so an employee may take  
          actions that bring an unacceptable level of liability on their  
          employer."

          This bill is similar to AB 943 (Mendoza) from last year, which  
          was vetoed by the Governor.


           Analysis Prepared by  :    Ben Ebbink / L. & E. / (916) 319-2091  
          FN:  0005369








                                                                  AB 482
                                                                  Page  4