Bill Status of HB 5735   95th General Assembly


Short Description:  NEW EMPLOYEE-CRIM BACKGRND CK

House Sponsors
Rep. Elga L. Jefferies

Last Action  View All Actions

DateChamber Action
  1/13/2009HouseSession Sine Die

Statutes Amended In Order of Appearance
New Act

Synopsis As Introduced
Creates the New Employee Criminal History Records Check Act. With respect to employees hired on or after the effective date of the Act, prohibits an employer from having a criminal history records check performed on an employee for one year after he or she has been hired. Provides that this prohibition does not prohibit an employer from having a criminal history records check performed on an applicant for employment. Provides that, if a criminal background check is relevant to the decision to hire or retain an employee, the application must clearly state that the criminal background check will impact the decision to hire or retain the employee. Provides that a violation of the Act is a petty offense. Provides that the Department of Labor is charged with the duty to enforce the Act. Effective July 1, 2008.

House Amendment No. 1
Deletes language providing that the Department of Labor may adopt rules relating to the administration and enforcement of the Act and that the violation of any rule shall be deemed a violation of the Act. Adds language providing that neither the Governor nor any agency or agency head under the jurisdiction of the Governor has any rulemaking authority under the Act, but that the Governor may suggest rules by filing them with the General Assembly and requesting that the General Assembly authorize such rulemaking by law, enact the suggested rules into law, or take other appropriate action in the General Assembly's discretion.

Actions 
DateChamber Action
  2/15/2008HouseFiled with the Clerk by Rep. Elga L. Jefferies
  2/15/2008HouseFirst Reading
  2/15/2008HouseReferred to Rules Committee
  3/11/2008HouseAssigned to Judiciary II - Criminal Law Committee
  3/11/2008HouseMotion to Suspend Rule 25 - Prevailed
  3/13/2008HouseHouse Amendment No. 1 Filed with Clerk by Judiciary II - Criminal Law Committee
  3/13/2008HouseHouse Amendment No. 1 Adopted in Judiciary II - Criminal Law Committee; by Voice Vote
  3/13/2008HouseMotion Do Pass as Amended - Lost Judiciary II - Criminal Law Committee; 005-008-000
  3/13/2008HouseRemains in Judiciary II - Criminal Law Committee
  3/14/2008HouseRule 19(a) / Re-referred to Rules Committee
  1/13/2009HouseSession Sine Die

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