CUSTOMER RESOURCES

Maine amended its Fair Credit Reporting Act by repealing Title 10, Chapter 210 and enacting Title 10, Chapter 209-B of its Revised Statutes. The amendments went into effect June 7, when the legislature adopted Senate Bill 1410.

The result is a shorter, more concise state law. For example, there are fewer defined terms and the definitions are shorter.

The few substantive changes to the law are as follows:

1. Section 1309 adopts the FCRA and preserves the State’s right to adopt rules consistent with the federal regulations.

2. Section 1310-B states a person who knowingly and intentionally obtains information on a consumer from a consumer reporting agency under false commits a Class D crime.

3. Section 1310-H lists three additional state-specific provisions. First, a consumer reporting agency must provide one free consumer report to a consumer during each 12-month period if requested. A consumer reporting agency may charge a fee of not more than $5 for a second report provided to a consumer during the 12-month period. Another state-specific provision involves disputes. If a consumer disputes the accuracy of the information in a report, the consumer reporting agency must reinvestigate and record the current status of the information within 21 calendar days of the notification of . An exception applies if the agency has reasonable grounds to believe that the dispute by the consumer is frivolous. There is also a nonliability clause in the Act. This clause states a person will not be held liable for a violation of Section 1310-H if he or she shows that at the time of the alleged violation the person maintained reasonable procedures to ensure compliance.

All references to the Act must be revised to reflect the new Code .

The Indiana legislature recently passed House Bill 1392 which amended laws about criminal history providers and criminal law and procedure.  The background to this bill is that a much more restrictive bill passed at the end of the 2012 legislative session, but had a delayed effective date of July 1, 2013. In the meantime, the legislature appointed a study committee to review the bill and it recommended amendments. This compliance update examines the law after all of the changes.

Indiana Code Section 24-4-18 was created and deals with criminal history providers. It defines a “criminal history provider” as a person or an organization that compiles a criminal history report and either uses the report or provides the report to a person or an organization other than a criminal justice agency, a law enforcement agency, or another criminal history provider.” The term does not include the following:

1. A criminal justice agency;

2. A law enforcement agency;

3. Any person connected with or employed by a media outlet including newspapers or other periodical issued at regular intervals and having a general circulation, or a recognized press association or wire service, and radio or television stations as an owner, official, editorial or reportorial employee who receives income from legitimate gathering, writing, editing, broadcasting and interpretation of news.

4. Any person who gathers, records, compiles or disseminates criminal history information or criminal history reports solely for journalistic, academic, governmental, or legal research purposes.

5. The clerk of a circuit, superior, city, or town court.

The new statute defines “criminal history report” as “criminal history information that has been compiled primarily for the purposes of evaluating a particular person’s eligibility for (1) employment in Indiana; (2) housing in Indiana; (3) a license, permit, or occupational certification issued under state law; or (4) insurance, credit, or another financial service, if the insurance, credit, or financial service is to be provided to a person residing in Indiana.” It does not include information compiled primarily for the purpose of journalistic, academic, governmental, or legal research.

Criminal history information is information concerning a criminal conviction in Indiana and available in records kept by a clerk of a circuit, superior, city, or town court with jurisdiction in Indiana. It includes identifiable descriptions and notations of arrests, indictments, information, or other formal criminal charges. It also includes dispositions of cases, fingerprint information, and photographs of sex or violent offenders.

Section 24-4-18-6 outlines restrictions placed on criminal history providers. According to this section, a provider may not knowingly provide a criminal history report containing a record that:

1. Has been expunged by marking the record ‘expunged’ or by removing it from public access;

2. Is restricted by a court or court rules, and is marked restricted from public disclosure; 

3. Is reported as a Class D felony if it was entered as or converted to a Class A ; or

4. The criminal history provider knows is inaccurate. However, a criminal history provider may provide such information if the person requesting the report is required by state or federal law to obtain it or it will be used solely in connection with the issuance of a public bond.

Section 24-4-18-7 deals with criminal history information updates. Under this section, a provider may not knowingly include criminal history information in a report does not reflect material changes occurring sixty days or more before the report is delivered. There is no violation of the Act if the material criminal history information is not contained in the official record at least sixty days before the report is delivered.

Section 24-4-18-8 stipulates that a violation of sections 24-4-18-6 or 7 is a deceptive act that is actionable under the State’s Deception Consumer Sales statutes. An individual may seek remedy by bringing an action on its own behalf under the Federal Fair Credit Reporting Act.

Missouri Senate Bill 127 was recently signed by the Governor. The legislation amends several sections of the existing law that pertain to public medical assistance, the state’s HealthNet eligibility, and other public health services. This update looks at the amendments affecting home health agencies as defined in Missouri Revised Statutes 197-400. The definition includes public agencies and private organizations.

An employer may deny or terminate employment because of information obtained through the state-mandated background screening and employment eligibility determination process if the employee:

1. Has been found guilty, pled guilty, or pled nolo contendere in Missouri or been found guilty of a crime in any state which if committed in Missouri would be a class A or B felony violation of certain specified crimes such as offenses against the persons, sexual offenses, and robbery or burglary offenses;

2. Was placed on the employee disqualification list maintained by the Department of Health and Senior Services, after the date of hire;

3. Was placed on the employee disqualification list maintained by the Department of Mental Health, after the date of hire;

4. Is listed on any of the background check lists in the Family Care Safety Registry; or

5. Has a disqualifying finding or was denied a good cause waiver under the employee disqualification list maintained by the Department of Health and Senior Services.  The bill also stipulates that an employer will not be charged with unemployment insurance benefits if it terminates employment for the stated reasons.