The House Committee on Agriculture and Consumer Affairs offers the following
substitute to HB 1301:
A BILL TO BE ENTITLED
AN ACT
To amend Code Section 10-1-393.14 of the Official Code of Georgia Annotated, relating to
requirements relating to consumer reports furnished for employment purposes, so as to
clarify the requirements for certain data reported by consumer reporting agencies; to provide
for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 10-1-393.14 of the Official Code of Georgia Annotated, relating to
requirements relating to consumer reports furnished for employment purposes, is amended
by revising said Code section as follows:
"10-1-393.14.
(a) As used in this Code section, the term:
(1) 'Adverse effect' means:
(A) A denial of employment;
(B) Any other decision for employment purposes that negatively affects any current
or prospective employee; or
(C) A denial or cancellation of, an increase in any charge for, or any other adverse or
unfavorable change in the terms of any license.
(2) 'Consumer report' means any written, oral, or other communication of any
information bearing on a consumer's credit worthiness, credit standing, credit capacity,
character, general reputation, personal characteristics, or mode of living which is used or
expected to be used or collected in whole or in part for the purpose of serving as a factor
in establishing the consumer's eligibility for purposes of credit, insurance, or
employment.
(3) 'Consumer reporting agency' means any person or entity which, for monetary fees or
dues or on a cooperative nonprofit basis, regularly engages in whole or in part in the
practice of assembling or evaluating consumer credit information or other information
on consumers for the purpose of furnishing consumer reports to third parties.
(4) 'Employment purposes' means used for the purpose of evaluating a consumer for
employment, promotion, reassignment, retention as an employee, or licensing.
(b) A consumer reporting agency which furnishes a consumer report for employment
purposes and which for that purpose compiles and reports items of information on
consumers which are matters of public record and are likely to have an adverse effect upon
a consumer's ability to obtain employment shall:
(1) At the time such public record information is reported to the user of such consumer
report, notify the consumer of the fact that public record information is being reported by
the consumer reporting agency, together with the name and address of the person to
whom such information is being reported; or
<ins>(2)(A)</ins> Maintain strict procedures designed to ensure that whenever public record
information which is likely to have an adverse effect on a consumer's ability to obtain
employment is reported it is complete and up to date.
<ins>(B)</ins> For purposes of this paragraph, items of public record relating to arrests,
indictments, <del>and</del> convictions, <ins>record restrictions, vacated offenses, offenses discharged
</ins>
<ins>pursuant to Code Section 16-13-2 or 42-8-60, and pardons</ins> shall be considered up to
date if <del>the current public record status of the item at the time of the report is reported
</del> <ins>the consumer report accurately reflects the present legal status of any such matter as of
the date such report is furnished. Sealed criminal history record information shall not
be reported if restricted and sealed by court order or as a matter of law as of the date
such report is furnished.
</ins> (c) A consumer reporting agency shall be considered to be conducting business in this state
if it provides information to any individual, partnership, corporation, association, or any
other group however organized that is domiciled within this state or whose principal place
of business is within this state.
(d) A consumer reporting agency that provides a consumer report for employment
purposes that is in compliance with the federal Fair Credit Reporting Act in existence on
March 11, 2015, shall be deemed to have complied with this Code section."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.