Bill Text: NJ A2121 | 2020-2021 | Regular Session | Introduced
Bill Title: Prohibits consumer reporting agencies from making reports containing adverse information related to employees affected by federal government shutdown.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2020-01-14 - Introduced, Referred to Assembly Financial Institutions and Insurance Committee [A2121 Detail]
Download: New_Jersey-2020-A2121-Introduced.html
STATE OF NEW JERSEY
219th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2020 SESSION
Sponsored by:
Assemblyman P. CHRISTOPHER TULLY
District 38 (Bergen and Passaic)
Assemblywoman LISA SWAIN
District 38 (Bergen and Passaic)
Assemblywoman BRITNEE N. TIMBERLAKE
District 34 (Essex and Passaic)
SYNOPSIS
Prohibits consumer reporting agencies from making reports containing adverse information related to employees affected by federal government shutdown.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning consumer reporting agencies and supplementing P.L.1997, c.172 (C.56:11-28 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. (1) No consumer reporting agency shall include any adverse information that is a result of a federal government shutdown in a consumer report pertaining to an affected employee who provides the agency with notice pursuant to subsection b. of this section.
(2) No user of a consumer report shall consider any adverse information that is a result of a federal government shutdown in a consumer report pertaining to an affected employee who provides the user with notice pursuant to subsection b. of this section.
b. (1) An affected employee may contact any consumer reporting agency and request that the agency disregard any adverse information related to the employee obtained by the agency with respect to a period beginning on the first day of any federal government shutdown and extending 90 days following the end of that federal government shutdown. The employee shall include in the request a copy of proof of employment as an affected employee. In the case of an affected employee that is employed by a contractor with the federal government, the proof of employment shall include documentation that the employee's pay was suspended during the federal government shutdown.
(2) Any consumer reporting agency that receives a request pursuant to paragraph (1) of this subsection shall respond to the affected employee and the Director of the Division of Consumer Affairs in the Department of Law and Public Safety within five days of receiving the request.
(3) An affected employee may contact any user of a consumer report and request that the user disregard any adverse information related to the employee in a consumer report with respect to a period beginning on the first day of any federal government shutdown and extending 90 days following the end of that federal government shutdown. The employee shall include in the request a copy of proof of employment as an affected employee. In the case of an affected employee that is employed by a contractor with the federal government, the proof of employment shall include documentation that the employee's pay was suspended during the federal government shutdown.
(4) Any user of a consumer report that receives a request pursuant to paragraph (3) of this subsection shall respond to the affected employee and the Director of the Division of Consumer Affairs in the Department of Law and Public Safety within five days of receiving the request.
c. No charge shall be imposed by a consumer reporting agency pursuant to section 10 of P.L.1997, c.172 (C.56:11-37) with respect to a request made by a consumer pursuant to this section.
d. As used in this section:
"Affected employee" means a federal employee who, during a federal government shutdown, is a resident of this State, and has been required to work as a federal employee without pay or has been furloughed as a federal employee without pay. "Affected employee" also means an employee of a contractor with the federal government whose pay was suspended during a federal government shutdown as a result of that shutdown.
"Federal government shutdown" means any federal government shutdown that began on or begins after December 22, 2018.
"User of a consumer report" means any person or entity that is furnished a consumer report for a purpose that is permissible pursuant to section 4 of P.L.1997, c.172 (C.56:11-31).
2. This act shall take effect immediately and be retroactive to December 22, 2018.
STATEMENT
This bill supplements the "New Jersey Fair Credit Reporting Act" to provide that no consumer reporting agency shall include, and no user of a consumer report shall consider, any adverse information in a consumer report that is a result of a federal government shutdown that began on or begins after December 22, 2018, with respect to an affected employee who provides the agency or user notice pursuant to the bill.
Under the bill, an affected employee may contact any consumer reporting agency or user of a consumer report and request that the agency or user disregard any adverse information related to the employee obtained by the agency or user with respect to a period beginning on the first day of any federal government shutdown and extending 90 days following the end of that shutdown. The employee shall include in the request a copy of proof of employment as an affected employee. In the case of an affected employee who is employed by a contractor with the federal government, the proof of employment shall include documentation that the employee's pay was suspended during the federal government shutdown.
The bill requires any consumer reporting agency or user of a consumer report that receives a request to respond to the affected employee and the Director of the Division of Consumer Affairs in the Department of Law and Public Safety within five days of receiving the request.
Under the bill, an "affected employee" is a federal employee who, during any federal government shutdown that began on or begins after December 22, 2018, is a resident of this State, and has been required to work as a federal employee without pay or has been furloughed as a federal employee without pay. "Affected employee" also means an employee of a contractor with the federal government whose pay was suspended during federal government shutdown as a result of that shutdown.
The bill prohibits a consumer reporting agency from imposing any charge with respect to a request made by a consumer pursuant to the bill.
