Legislative Alert

PROPOSED LEGISLATION

ALASKA: Senator Tom Begich introduces bill that would seal low-level cannabis crime records

Summary: In light of Alaska voting to legalize recreational marijuana, S.B. 184 was introduced to block the release of criminal records that are no longer defined as criminal under Alaska state law. Senator Begich explains that the proposed bill would develop a "Ban the Box" type of legislation and create a fairer employment process giving an opportunity to those individuals who were previously sentenced for marijuana possession.

Impact(s): Alaska employers

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GEORGIA: Georgia General Assembly considering new background check legislation for long-term care facilities

Summary: Senate Bill 406 ("Georgia Long-Term Care Background Check Program") would consolidate three existing background check statutes into a single background check law which would apply to all owners, applicants, and employees of long-term care facilities including personal care homes, assisted living communities, private home care providers, home health agencies, hospice providers, nursing homes, skilled nursing facilities, intermediate care homes and adult day care facilities licensed as per DCH regulations. The bill will require that applicants and employees who have "routine contact with patients or their financial information" and "owners who actively participate in operations" obtain background checks. Owners and/or passive investors who do not actively participate in the operations of the facility are not required to undergo background checks.

The bill does not apply to Vendors who contract with the facility who do not provide services to a patient, resident or client of the facility. The new Bill will include a national fingerprint-based background check system through the FBI database.

The bill also would require that owners, applicants and employees be checked against Georgia's state nurse aide registry, state sexual offender registry and federal excluded individuals list. It would also create a "caregiver registry" so that the public could view criminal background check results for individuals providing home health care services.

Impact(s): Georgia healthcare providers

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OTHER UPDATES

FAIR CREDIT REPORTING ACT: Plaintiff brings action against an employer for alleged violations under FCRA and California state law

Summary: Plaintiff brought an action under the FCRA and California state law requirements, alleging that an employer violated the FCRA's pre-adverse action requirements (as well as analogous requirements under California law), by failing to provide the plaintiff with a copy of his report and a Summary of Rights before taking adverse action. Plaintiff brings an additional claim against the employer under California's Fair Employment and Housing Act (FEHA), alleging that the employer has a bright-line policy of disqualifying applicants with criminal records and thus subjected plaintiff to an adverse employment action based on his race. Plaintiff further alleges that the employer failed to give him notice of the disqualifying conviction and a reasonable opportunity to present evidence that the information was factually inaccurate, in violation of Cal. Code Regs., tit. 2, § 11017.1(e)(3).

Impact(s): FCRA compliance – for general legal review

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CONSUMER FINANCIAL PROTECTION BUREAU: CFPB releases strategic plan for 2018-22

Summary: On Feb. 12, 2018, the CFPB released its strategic plan for 2018 through 2022. The plan, which will take two years to implement, calls for placing new restrictions on the CFPB's enforcement authority.

"The proposed reforms would impose financial discipline, reduce wasteful spending, and ensure appropriate congressional oversight," according to a statement also released on that date. Mick Mulvaney, acting interim director of the CFPB, stated that the Bureau's new direction will provide "clarity and certainty to market participants."

Under the proposal, the CFPB would be funded by Congress rather than the Federal Reserve. This change would arguably give lawmakers more oversight and influence over the agency's priorities. The CFPB's 2019 budget would also be capped at its 2015 level – $485 million – compared to a projected $630 million this year.

Impact(s): For general legal review

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