Bill Status of HB 3005   98th General Assembly

Short Description:  EMPLOYEE BACKGROUND CHECK ACT

House Sponsors
Rep. Rita Mayfield-JoAnn D. Osmond-Kelly M. Cassidy-Thaddeus Jones

Last Action  View All Actions

DateChamber Action
  4/19/2013HouseThird Reading - Short Debate - Lost 024-080-003

Statutes Amended In Order of Appearance
New Act

Synopsis As Introduced
Creates the Employee Background Check Act. Provides that employers may not conduct criminal history inquiries with respect to a candidate for employment until after the employer has received an application from and interviewed the candidate. Provides an exemption to permit background checks when a candidate's criminal history is an essential factor in the hiring decision. Permits questions concerning convictions during interviews. Authorizes a private right of action to remedy violations.

House Committee Amendment No. 2
Replaces everything after the enacting clause. Creates the Employee Background Check Act. Inserts provisions substantially similar to the bill as introduced. Provides an exception for healthcare, law enforcement, and financial institution employers, regardless of whether they comply with the requirements of Section 20 of this Act. Effective immediately.

House Floor Amendment No. 3
Replaces everything after the enacting clause. Creates the Employee Background Check Act. Inserts provisions substantially similar to the bill as introduced. Removes the definition of "background check". Expands the definition of "candidate" to include persons who are pursuing employment with an employer in response to some indication that an employer may have employment opportunities available. Removes the definition of "inquire". Provides that employers may not include a question on the face of an application regarding an applicant's criminal history, nor may employers inquire into an applicant's criminal history prior to an interview. Provides an exception for employers required to investigate an applicant's criminal history under federal law or the Health Care Worker Background Check Act. Removes the provision requiring employers to provide a written explanation of their refusal to hire an applicant upon that applicant's request. Provides that alleged violations of this Act shall be investigated by the Attorney General, and that the Attorney General shall levy fines against employers found to be in violation. Effective January 1, 2014.

House Floor Amendment No. 4
Replaces everything after the enacting clause. Creates the Employee Background Check Act. Inserts provisions substantially similar to the bill as introduced. Removes the definition of "background check". Expands the definition of "candidate" to include persons who are pursuing employment with an employer in response to some indication that an employer may have employment opportunities available. Removes the definition of "inquire". Provides that employers may not include a question on the face of an application regarding an applicant's criminal history, nor may employers inquire into an applicant's criminal history prior to an interview. Provides an exception for employers required to investigate an applicant's criminal history under federal law or the Health Care Worker Background Check Act. Removes the provision requiring employers to provide a written explanation of their refusal to hire an applicant upon that applicant's request. Creates a rebuttable that an employer that complies with the Act has performed its due diligence regarding the hiring. Provides that a candidate may bring an action to recover damages for willful and knowing violations. Effective January 1, 2014.

Actions 
DateChamber Action
  2/26/2013HouseFiled with the Clerk by Rep. Rita Mayfield
  2/26/2013HouseFirst Reading
  2/26/2013HouseReferred to Rules Committee
  3/5/2013HouseAdded Chief Co-Sponsor Rep. JoAnn D. Osmond
  3/7/2013HouseAssigned to Labor & Commerce Committee
  3/19/2013HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Rita Mayfield
  3/19/2013HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  3/19/2013HouseHouse Committee Amendment No. 2 Filed with Clerk by Rep. Rita Mayfield
  3/19/2013HouseHouse Committee Amendment No. 2 Referred to Rules Committee
  3/20/2013HouseHouse Committee Amendment No. 2 Rules Refers to Labor & Commerce Committee
  3/20/2013HouseHouse Committee Amendment No. 2 Adopted in Labor & Commerce Committee; by Voice Vote
  3/20/2013HouseDo Pass as Amended / Short Debate Labor & Commerce Committee; 016-001-000
  3/20/2013HouseHouse Committee Amendment No. 1 Tabled Pursuant to Rule 40
  3/21/2013HousePlaced on Calendar 2nd Reading - Short Debate
  3/21/2013HouseAdded Chief Co-Sponsor Rep. Kelly M. Cassidy
  3/21/2013HouseAdded Chief Co-Sponsor Rep. Thaddeus Jones
  4/12/2013HouseHouse Floor Amendment No. 3 Filed with Clerk by Rep. Rita Mayfield
  4/12/2013HouseHouse Floor Amendment No. 3 Referred to Rules Committee
  4/15/2013HouseHouse Floor Amendment No. 3 Rules Refers to Labor & Commerce Committee
  4/16/2013HouseHouse Floor Amendment No. 3 Recommends Be Adopted Labor & Commerce Committee; 012-006-000
  4/17/2013HouseHouse Floor Amendment No. 4 Filed with Clerk by Rep. Rita Mayfield
  4/17/2013HouseHouse Floor Amendment No. 4 Referred to Rules Committee
  4/17/2013HouseSecond Reading - Short Debate
  4/17/2013HouseHeld on Calendar Order of Second Reading - Short Debate
  4/18/2013HouseHouse Floor Amendment No. 4 Recommends Be Adopted Rules Committee; 004-000-000
  4/18/2013HouseSecond Reading - Short Debate
  4/18/2013HouseHouse Floor Amendment No. 3 Adopted
  4/18/2013HouseHouse Floor Amendment No. 4 Adopted
  4/18/2013HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/19/2013HouseThird Reading - Short Debate - Lost 024-080-003

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