Senate Commerce Committee Statement to Senate, No. 1306 (State of New Jersey, October 10, 2024)

Summary

Senate Commerce Committee statement to Senate, No. 1306, with committee amendments, State of New Jersey, dated October 10, 2024. The committee reports favorably and with committee amendments Senate Bill No. 1306, which as amended 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, with respect to an affected employee who provides notice pursuant to the bill. The statement says the committee amended the bill to expand its application to adverse information resulting from any federal government shutdown.

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     SENATE COMMERCE COMMITTEE

                    STATEMENT TO

                  SENATE, No. 1306
                  with committee amendments



 STATE OF NEW JERSEY
                   DATED: OCTOBER 10, 2024

     The Senate Commerce Committee reports favorably and with
committee amendments Senate Bill No. 1306.
     As amended, 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, 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, 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.
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   This bill was prefiled for introduction in the 2024-2025 session
pending technical review. As reported, the bill includes the changes
required by technical review, which has been performed.

COMMITTEE AMENDMENTS:
    The committee amended the bill to expand the application of the
bill to adverse information that is a result of any federal government
shutdown, not just any federal government shutdown that began or
begins after December 22, 2018.


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