HB1301: HB1301 Commerce and trade; clarify requirements for certain data reported by consumer reporting agencies

26 LC 44 3477S 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 to1 requirements relating to consumer reports furnished for employm ent purposes, so as to2 clarify the requirements for certain data reported by consumer reporting agencies; to provide3 for related matters; to repeal conflicting laws; and for other purposes.4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5 SECTION 1.6 Code Section 10-1-393.14 of the Official Code of Georgia Annota ted, relating to7 requirements relating to consumer reports furnished for employment purposes, is amended8 by revising said Code section as follows:9 "10-1-393.14.10 (a) As used in this Code section, the term:11 (1) 'Adverse effect' means:12 (A) A denial of employment;13 (B) Any other decision for employment purposes that negatively affects any current14 or prospective employee; or15 H. B. 1301 (SUB) - 1 - 26 LC 44 3477S (C) A denial or cancellation of, an increase in any charge for, or any other adverse or16 unfavorable change in the terms of any license.17 (2) 'Consumer report' means any written, oral, or other commun ication of any18 information bearing on a consumer's credit worthiness, credit standing, credit capacity,19 character, general reputation, personal characteristics, or mode of living which is used or20 expected to be used or collected in whole or in part for the purpose of serving as a factor21 in establishing the consumer's eligibility for pur poses of cred it, insurance, or22 employment.23 (3) 'Consumer reporting agency' means any person or entity which, for monetary fees or24 dues or on a cooperative nonprofit basis, regularly engages in whole or in part in the25 practice of assembling or evaluating consumer credit informatio n or other information26 on consumers for the purpose of furnishing consumer reports to third parties.27 (4) 'Employment purposes' means used for the purpose of evalua ting a consumer for28 employment, promotion, reassignment, retention as an employee, or licensing.29 (b) A consumer reporting agency which furnishes a consumer rep ort for employment30 purposes and which for that purpose compiles and reports items of information on31 consumers which are matters of public record and are likely to have an adverse effect upon32 a consumer's ability to obtain employment shall:33 (1) At the time such public record information is reported to the user of such consumer34 report, notify the consumer of the fact that public record information is being reported by35 the consumer reporting agency, together with the name and addre ss of the person to36 whom such information is being reported; or37 (2)(A) Maintain strict procedures designed to ensure that whenever p ublic record38 information which is likely to have an adverse effect on a consumer's ability to obtain39 employment is reported it is complete and up to date.40 (B) For purposes of this paragraph, items of public record relati ng to arrests,41 indictments, and convictions, record restrictions, vacated offenses, offenses discharged42 H. B. 1301 (SUB) - 2 - 26 LC 44 3477S pursuant to Code Section 16-13-2 or 42-8-60, and pardons shall be considered up to43 date if the current public record status of the item at the time of the report is reported44 the consumer report accurately reflects the present legal status of any such matter as of45 the date such report is furnished. Sealed criminal history record information shall not46 be reported if restricted and sealed by court order or as a mat ter of law as of the date47 such report is furnished.48 (c) A consumer reporting agency shall be considered to be conducting business in this state49 if it provides information to any individual, partnership, corp oration, association, or any50 other group however organized that is domiciled within this state or whose principal place51 of business is within this state.52 (d) A consumer reporting agency that provides a consumer repor t for employment53 purposes that is in compliance with the federal Fair Credit Reporting Act in existence on54 March 11, 2015, shall be deemed to have complied with this Code section."55 SECTION 2.56 All laws and parts of laws in conflict with this Act are repealed.57 H. B. 1301 (SUB) - 3 -