ESSB 5827 -
By Representative Hurst
FAILED 04/04/2007
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 19.182.020 and 1993 c 476 s 4 are each amended to
read as follows:
(1) A consumer reporting agency may furnish a consumer report only
under the following circumstances:
(a) In response to the order of a court having jurisdiction to
issue the order;
(b) In accordance with the written instructions of the consumer to
whom it relates; or
(c) To a person that the agency has reason to believe:
(i) Intends to use the information in connection with a credit
transaction involving the consumer on whom the information is to be
furnished and involving the extension of credit to, or review or
collection of an account of, the consumer;
(ii) Intends to use the information for employment purposes;
(iii) Intends to use the information in connection with the
underwriting of insurance involving the consumer;
(iv) Intends to use the information in connection with a
determination of the consumer's eligibility for a license or other
benefit granted by a governmental instrumentality required by law to
consider an applicant's financial responsibility or status; or
(v) Otherwise has a legitimate business need for the information in
connection with a business transaction involving the consumer.
(2)(a) A person may not procure a consumer report, or cause a
consumer report to be procured, for employment purposes with respect to
any consumer who is not an employee at the time the report is procured
or caused to be procured unless:
(i) A clear and conspicuous disclosure has been made in writing to
the consumer before the report is procured or caused to be procured
that a consumer report may be obtained for purposes of considering the
consumer for employment. The disclosure may be contained in a written
statement contained in employment application materials; or
(ii) The consumer authorizes the procurement of the report.
(b) For the purposes of (a) of this subsection, a person may not
procure a consumer report for employment purposes that bears on a
consumer's creditworthiness, credit standing, or credit capacity,
unless the information is job-related or required by law and the
reasons for the use of the consumer report are disclosed to the
consumer in writing.
(c) A person may not procure a consumer report, or cause a consumer
report to be procured, for employment purposes with respect to any
employee unless the employee has received, at any time after the person
became an employee, written notice that consumer reports may be used
for employment purposes. A written statement that consumer reports may
be used for employment purposes that is contained in employee
guidelines or manuals available to employees or included in written
materials provided to employees constitutes written notice for purposes
of this subsection. This subsection does not apply with respect to a
consumer report of an employee who the employer has reasonable cause to
believe has engaged in specific activity that constitutes a violation
of law.
(((c))) (d) In using a consumer report for employment purposes,
before taking any adverse action based in whole or part on the report,
a person shall provide to the consumer to whom the report relates: (i)
The name, address, and telephone number of the consumer reporting
agency providing the report; (ii) a description of the consumer's
rights under this chapter pertaining to consumer reports obtained for
employment purposes; and (iii) a reasonable opportunity to respond to
any information in the report that is disputed by the consumer. This
subsection applies to job applicants and current employees."