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

Summary

A Senate Commerce Committee statement to the Senate on Senate Bill No. 1306 with committee amendments, State of New Jersey, dated October 10, 2024, reporting the bill favorably. As amended, the bill supplements the "New Jersey Fair Credit Reporting Act" so that consumer reporting agencies and users of consumer reports do not include or consider adverse information resulting from a federal government shutdown for an affected employee who gives notice. The covered period runs from the first day of a shutdown to 90 days after it ends, and agencies must respond within five days without charge. Affected employees include federal employees resident in this State who worked without pay or were furloughed, and employees of federal contractors whose pay was suspended.

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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.

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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