10 LC
34 2492
Senate
Bill 433
By:
Senators James of the 35th, Butler of the 55th and Jones of the 10th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 1 of Title 34 of the Official Code of Georgia Annotated, relating
to general provisions regarding labor and industrial relations, so as to
prohibit employers from requesting credit reports on employees or prospective
employees with certain exceptions; to provide for related matters; to provide
for an effective date; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
1 of Title 34 of the Official Code of Georgia Annotated, relating to general
provisions regarding labor and industrial relations, is amended by adding a new
Code section to read as follows:
"34-1-8.
(a)
As used in this Code section, the term:
(1)
'Employee' means any person engaged in service to an employer in a business of
the employer.
(2)
'Employer' means any person engaged in business who has one or more employees,
including the state or any political subdivision of the state.
(3)
'Substantially related to the employee's current or prospective job' means the
information contained in the credit report is related to the position for which
the employee or prospective employee who is the subject of the report is being
evaluated because the position:
(A)
Is a managerial position which involves setting the direction or control of the
business;
(B)
Involves access to customers', employees', or the employer's personal or
financial information other than information customarily provided in a retail
transaction;
(C)
Involves a fiduciary responsibility to the employer, including, but not limited
to, the authority to issue payments, transfer money, or enter into contracts;
or
(D)
Provides an expense account.
(b)
No employer nor an employer's agent, representative, or designee may require an
employee or prospective employee to consent to a request for a credit report
that contains information about the employee's or prospective employee's credit
score, credit account balances, payment history, savings or checking account
balances, or savings or checking account numbers as a condition of employment
unless:
(1)
Such credit report is substantially related to the employee's current or
prospective job;
(2)
Such credit report is required by law; or
(3)
The employer reasonably believes that the employee has engaged in specific
activity that constitutes a violation of the law.
(c)
Any person or corporation who violates any provision of subsection (b) of this
Code section shall be guilty of a misdemeanor and, upon conviction thereof,
shall be punished by a fine of not less than $200.00 nor more than
$400.00."
SECTION
2.
This
Act shall become effective on July 1, 2010.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.