(1) As used in this section:
(a) “Wage information” means the amount of wages as reported to the Employment Department by each employer as earned by a particular individual during the period, not to exceed 15 recorded quarters preceding the quarter in which the request for disclosure is made, and the name and address of each employer.
(b) “Consumer reporting agency” means a consumer reporting agency as defined in the federal Fair Credit Reporting Act, 15 U.S.C. 1681a.
(2) The Employment Department shall disclose by electronic means wage information to consumer reporting agencies for the purpose of verifying information provided by an individual in connection with a specific credit transaction if all of the following conditions are met:
(a) The individual to whom the information pertains provides written consent to the disclosure before the information is released to the consumer reporting agency and the consent form discloses the following information:
(A) The consent is voluntary and not required by law;
(B) Refusal to consent to disclosure of wage information shall not be a basis for the denial of credit;
(C) If consent is granted, the individual’s wage information will be released;
(D) The release shall be only for the specific transaction identified in the consent form;
(E) Wage information reported to the state by the individual’s employers will be accessed;
(F) The wage information disclosed will come from state government files; and
(G) All of the parties that may receive the information released;
(b) The consumer reporting agency agrees to comply with all applicable federal and state credit reporting laws, regulations and rules, including, but not limited to, the federal Fair Credit Reporting Act, 15 U.S.C. 1681 et seq., and the regulations promulgated thereunder;
(c) The disclosure is for a purpose authorized by, and occurs in a manner permitted by, the United States Department of Labor;
(d) The consumer reporting agency agrees to comply with the audit standards, security standards, technological requirements and all other terms and conditions, including any net worth and liability insurance requirements, that the Employment Department deems necessary and establishes to safeguard the confidentiality of the wage information released under this section or to otherwise serve the public interest;
(e) Prior to the release of any wage information, the consumer reporting agency pays all development and other start-up costs incurred by the state in connection with implementing systems and procedures for electronic disclosure of wage information;
(f) The consumer reporting agency pays a transaction fee in an amount established by the Employment Department to offset the department’s costs of ongoing support for electronic disclosure of wage information to that consumer reporting agency, including the costs associated with revising incomplete or inaccurate wage records performed for the sole purpose of the specific credit transaction; and
(g) The Employment Department does not bear any liability for:
(A) The improper release of information by the consumer reporting agency; or
(B) The accuracy of wage records reported by employers to the department. [1999 c.401 §2]
Section: Previous 657.657 657.660 657.662 657.663 657.665 657.670 657.672 657.673 657.675 657.676 657.678 657.679 657.680 657.681 657.682 NextLast modified: August 7, 2008