HOUSE BILL 971221
BY REPRESENTATIVES Young, Reeser, Schauer, Schwarz, Taylor, Agler, Allen, G. Berry, Epps, Grossman, and Lamborn;
also SENATORS Rizzuto and Perlmutter.
CONCERNING REMOVING DISINCENTIVES TO THE EXCHANGE
OF RELEVANT INFORMATION IN THE CONTEXT OF EMPLOYMENT REFERENCES.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. 82111.5
(2), (3), and (5), Colorado Revised Statutes, 1986 Repl. Vol.,
as amended, are amended to read:
82111.5. Certain employment
references exception to blacklisting prohibition.
(2) In response to a request by another bank, savings
and loan association, credit card or travel and entertainment
card company, industrial bank, trust company, credit union, or
other state or federally chartered lending institutions
INSTITUTION operating in Colorado, it shall not be unlawful nor
a violation of the prohibitions against blacklisting specified
in sections 82110 and 82111 for a bank,
savings and loan association, credit card or travel and entertainment
card company, industrial bank, trust company, credit union, or
other state or federally chartered lending institutions
INSTITUTION operating in Colorado, to
provide a written employment reference which advises of any involvement
in a theft, embezzlement, misappropriation, or other defalcation
by the subject for which the request for reference is made
WHEN ACTING IN GOOD FAITH, TO DISCLOSE ANY INFORMATION ABOUT ANY
INVOLVEMENT IN A THEFT, EMBEZZLEMENT, MISAPPROPRIATION OR OTHER
DEFALCATION BY AN EMPLOYEE OR FORMER EMPLOYEE.
(3) No bank, savings and loan association,
credit card or travel and entertainment card company, industrial
bank, trust company, credit union, or other state or federally
chartered lending institutions
INSTITUTION operating in Colorado or any officer, director, or
employee thereof shall be civilly liable for providing such an
employment reference upon request if the information provided
is true and the provision of such information is made with knowledge
that it is true IS PROVIDED IN GOOD
FAITH.
(5) In order
for the immunity from civil liability and the nonapplicability
of the blacklisting prohibitions provided in this section to apply,
a copy of the employment reference must be sent by the institution
providing such reference to the lastknown address of the
applicant for whom the reference is given. An individual who
is the subject of such a reference may secure a copy of the employment
reference without charge from the institution providing such reference
by appearing in person and requesting such copy.
A BANK, SAVINGS AND LOAN ASSOCIATION, CREDIT CARD OR TRAVEL AND
ENTERTAINMENT CARD COMPANY, INDUSTRIAL BANK, TRUST COMPANY, CREDIT
UNION, OR OTHER STATE OR FEDERALLY CHARTERED LENDING INSTITUTION
OPERATING IN COLORADO OR ANY OFFICER, DIRECTOR, OR EMPLOYEE THEREOF
WHO DISCLOSES INFORMATION UNDER THIS SECTION SHALL BE PRESUMED
TO BE ACTING IN GOOD FAITH UNLESS IT IS SHOWN BY A PREPONDERANCE
OF THE EVIDENCE THAT THE INSTITUTION, OFFICER, DIRECTOR, OR EMPLOYEE
INTENTIONALLY OR RECKLESSLY DISCLOSED FALSE INFORMATION ABOUT
THE EMPLOYEE OR FORMER EMPLOYEE.
SECTION 2. Safety
clause. The general assembly hereby finds, determines, and
declares that this act is necessary for the immediate preservation
of the public peace, health, and safety.
____________________________ ____________________________
Charles E. Berry Tom Norton
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Judith M. Rodrigue Joan M. Albi
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE
OF COLORADO