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AB 883 - An Act to Add Section 432.6 to the Labor Code, Relating to Employment.

Employment: public employee status. 2015-2016 Legislature. View bill details
Author(s):
Summary:
Existing law regulates the terms and conditions of employment and, in particular, contracts and applications for employment. Existing law prohibits private employers from requiring an applicant for employment to take a polygraph test as a condition of employment or continued employment. Existing law generally prohibits public and private employers from requiring an applicant to disclose an arrest… More
Existing law regulates the terms and conditions of employment and, in particular, contracts and applications for employment. Existing law prohibits private employers from requiring an applicant for employment to take a polygraph test as a condition of employment or continued employment. Existing law generally prohibits public and private employers from requiring an applicant to disclose an arrest or detention that did not result in a conviction, subject to various exceptions. Existing law makes a violation of these provisions a misdemeanor.

This bill would, on and after July 1, 2016, prohibit a state or local agency, as defined, from publishing or posting a job advertisement or announcement that states or indicates that an individual’s status as a current or former public employee disqualifies an individual from eligibility for employment. The bill would, on and after July 1, 2016, also prohibit a state or local agency from asking an applicant to specifically disclose, orally or in writing, the applicant’s status as a current or former public employee until the employer has determined that the applicant meets the minimum employment qualifications for the position. The bill would except these provisions from the misdemeanor provisions described above. Hide
 
Status:
This bill was passed by both houses and vetoed by the Governor. It did not become law
Assembly Vote: On Passage

PASSED on September 10, 2015.

voted YES: 65 voted NO: 13
2 voted present/not voting

An Act to Add Section 432.6 to the Labor Code, Relating to Employment.

AB 883 — 2015-2016 Legislature

Summary
Existing law regulates the terms and conditions of employment and, in particular, contracts and applications for employment. Existing law prohibits private employers from requiring an applicant for employment to take a polygraph test as a condition of employment or continued employment. Existing law generally prohibits public and private employers from requiring an applicant to disclose an arrest or detention that did not result in a conviction, subject to various exceptions. Existing law makes a violation of these provisions a misdemeanor.

This bill would, on and after July 1, 2016, prohibit a state or local agency, as defined, from publishing or posting a job advertisement or announcement that states or indicates that an individual’s status as a current or former public employee disqualifies an individual from eligibility for employment. The bill would, on and after July 1, 2016, also prohibit a state or local agency from asking an applicant to specifically disclose, orally or in writing, the applicant’s status as a current or former public employee until the employer has determined that the applicant meets the minimum employment qualifications for the… More
Existing law regulates the terms and conditions of employment and, in particular, contracts and applications for employment. Existing law prohibits private employers from requiring an applicant for employment to take a polygraph test as a condition of employment or continued employment. Existing law generally prohibits public and private employers from requiring an applicant to disclose an arrest or detention that did not result in a conviction, subject to various exceptions. Existing law makes a violation of these provisions a misdemeanor.

This bill would, on and after July 1, 2016, prohibit a state or local agency, as defined, from publishing or posting a job advertisement or announcement that states or indicates that an individual’s status as a current or former public employee disqualifies an individual from eligibility for employment. The bill would, on and after July 1, 2016, also prohibit a state or local agency from asking an applicant to specifically disclose, orally or in writing, the applicant’s status as a current or former public employee until the employer has determined that the applicant meets the minimum employment qualifications for the position. The bill would except these provisions from the misdemeanor provisions described above. Hide
Learn More
At LegInfo.ca.gov
Title
An Act to Add Section 432.6 to the Labor Code, Relating to Employment.
Author(s)
Evan Low
Co-Authors
    Subjects
    • Employment: public employee status
    Major Actions
    Introduced2/26/2015
    Referred to Committee
    Passed Assembly Committee on Labor and Employment4/08/2015
    Passed Assembly Committee on Appropriations5/28/2015
    Passed Assembly6/03/2015
    Passed Senate Committee on Labor and Industrial Relations6/24/2015
    Passed Senate Committee on Judiciary7/14/2015
    Passed Senate Committee on Appropriations8/17/2015
    Passed Senate Committee on Appropriations8/27/2015
    Passed Senate9/09/2015
    Passed Assembly9/10/2015
    Presented to the governor (enrolled)9/18/2015
    Vetoed by Governor10/10/2015
    Vetoed by Governor10/10/2015
    Bill History
    Chamber/CommitteeMotionDateResult
    select this voteAssembly Committee on Labor and EmploymentDo pass and be re-referred to the Committee on [Appropriations]4/08/2015This motion PASSED the Assembly Committee on Labor and Employment
    5 voted YES 1 voted NO 0 voted present/not voting
    select this voteAssembly Committee on AppropriationsDo pass as amended.5/28/2015This motion PASSED the Assembly Committee on Appropriations
    12 voted YES 5 voted NO 0 voted present/not voting
    select this voteAssemblyAB 883 LOW Assembly Third Reading6/03/2015This bill PASSED the Assembly
    52 voted YES 27 voted NO 1 voted present/not voting
    select this voteSenate Committee on Labor and Industrial RelationsDo pass, but first be re-referred to the Committee on [Judiciary]6/24/2015This motion PASSED the Senate Committee on Labor and Industrial Relations
    4 voted YES 1 voted NO 0 voted present/not voting
    select this voteSenate Committee on JudiciaryDo pass as amended, but first amend, and re-refer to the Committee on [Appropriations]7/14/2015This motion PASSED the Senate Committee on Judiciary
    5 voted YES 2 voted NO 0 voted present/not voting
    select this voteSenate Committee on AppropriationsPlaced on suspense file8/17/2015This motion PASSED the Senate Committee on Appropriations
    7 voted YES 0 voted NO 0 voted present/not voting
    select this voteSenate Committee on AppropriationsDo pass as amended8/27/2015This motion PASSED the Senate Committee on Appropriations
    5 voted YES 2 voted NO 0 voted present/not voting
    select this voteSenateAssembly 3rd Reading AB883 Low By Pan9/09/2015This bill PASSED the Senate
    29 voted YES 9 voted NO 2 voted present/not voting
    currently selectedAssemblyAB 883 LOW Concurrence in Senate Amendments9/10/2015This bill PASSED the Assembly
    65 voted YES 13 voted NO 2 voted present/not voting
    ActionDateDescription
    Introduced2/26/2015
    2/26/2015Read first time. To print.
    2/27/2015From printer. May be heard in committee March 29.
    3/16/2015Referred to Com. on L. & E.
    3/24/2015From committee chair, with author's amendments: Amend, and re-refer to Com. on L. & E. Read second time and amended.
    3/25/2015Re-referred to Com. on L. & E.
    4/06/2015From committee chair, with author's amendments: Amend, and re-refer to Com. on L. & E. Read second time and amended.
    4/07/2015Re-referred to Com. on L. & E.
    select this voteVote4/08/2015Do pass and be re-referred to the Committee on [Appropriations]
    4/09/2015From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (April 8). Re-referred to Com. on APPR.
    4/22/2015In committee: Set, first hearing. Referred to APPR. suspense file.
    select this voteVote5/28/2015Do pass as amended.
    5/28/2015From committee: Amend, and do pass as amended. (Ayes 12. Noes 5.) (May 28).
    6/01/2015Read second time and amended. Ordered returned to second reading.
    6/02/2015Read second time. Ordered to third reading.
    6/03/2015Read third time. Passed. Ordered to the Senate. (Ayes 52. Noes 27. Page 1872.)
    6/03/2015In Senate. Read first time. To Com. on RLS. for assignment.
    select this voteAssembly Vote on Passage6/03/2015AB 883 LOW Assembly Third Reading
    6/18/2015Referred to Coms. on L. & I.R. and JUD.
    select this voteVote6/24/2015Do pass, but first be re-referred to the Committee on [Judiciary]
    6/25/2015From committee: Do pass and re-refer to Com. on JUD. (Ayes 4. Noes 1.) (June 24). Re-referred to Com. on JUD.
    7/07/2015In committee: Set, first hearing. Testimony taken. Further hearing to be set.
    select this voteVote7/14/2015Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations]
    7/15/2015From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (July 14).
    7/16/2015Read second time and amended. Re-referred to Com. on APPR.
    select this voteVote8/17/2015Placed on suspense file
    8/17/2015In committee: Referred to APPR. suspense file.
    select this voteVote8/27/2015Do pass as amended
    8/27/2015From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (August 27).
    8/31/2015Read second time and amended. Ordered to third reading.
    9/04/2015Read third time and amended. Ordered to second reading.
    9/08/2015Read second time. Ordered to third reading.
    9/09/2015Read third time. Passed. Ordered to the Assembly. (Ayes 29. Noes 9. Page 2637.).
    9/09/2015In Assembly. Concurrence in Senate amendments pending.
    select this voteSenate Vote on Passage9/09/2015Assembly 3rd Reading AB883 Low By Pan
    9/10/2015Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 65. Noes 13. Page 3063.).
    currently selectedAssembly Vote on Passage9/10/2015AB 883 LOW Concurrence in Senate Amendments
    9/18/2015Enrolled and presented to the Governor at 4 p.m.
    Vetoed10/10/2015Vetoed by Governor.
    1/15/2016Consideration of Governor's veto stricken from file.

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    An Act to Add Section 432.6 to the Labor Code, Relating to Employment.: AB 883 LOW Concurrence in Senate Amendments

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    Contributions data source: FollowTheMoney.org

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    NamePartyDistrict$ From Interest Groups
    That Support
    $ From Interest Groups
    That Oppose
    Vote
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    Luis AlejoDCA-30$0$0
    Travis AllenRCA-72$0$0
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    Ian C. CalderonDCA-57$0$0
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    Mike GattoDCA-43$0$0
    Mike A. GipsonDCA-64$0$0
    Jimmy GomezDCA-51$0$0
    Lorena S. GonzalezDCA-80$0$0
    Rich GordonDCA-24$0$0
    Adam C. GrayDCA-21$0$0
    Shannon GroveRCA-34$0$0
    David HadleyRCA-66$0$0
    Matthew HarperRCA-74$0$0
    Roger HernandezDCA-48$0$0
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    Young O. KimRCA-65$0$0
    Tom LackeyRCA-36$0$0
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    Evan LowDCA-28$0$0
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    Shirley N. WeberDCA-79$0$0
    Scott WilkRCA-38$0$0
    Das WilliamsDCA-37$0$0
    Jim WoodDCA-2$0$0

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