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PBSA Journal PAGE 5 JAN/FEB 2025 Except where otherwise indicated, articles are copyright © by PBSA 2025. All rights reserved. Continued on page 6 Fast Start on the U.S. Legislative Front and Lots to Watch By Rory Bogdon, Director of State and Local Government Relations USA A s we head into the 2025 legislative session, I wanted to share some insights into some expected, and unexpected, trends we've seen from the initial rounds of bills that have been submitted so far. I also want to shine a light on some resources members can use to keep track of issues that we're following, and how you can make your voice heard. So, starting with an unsurprising issue, the use of AI has drawn the attention of lawmakers across the country. To date, bills around this issue have been introduced in CA, CO, NE, NJ, NM, NY, TX, VA and I am sure that by the time this is published there will be more on that list. Generally, these bills are focused on preventing "algorithmic discrimination", specifically focusing on the use of AI in reviewing resumes for potential job candidates or an individual's credit worthiness. We have to keep a close watch on these, as many use the term "screening" to mean deciding if a candidate is qualified for a position based on their education and employment history provided on their resume. "Screening" has a very different meaning for us, but the use of "screening" in these bills tends to be murky and often requires our clarification. Another issue that has seen a lot of (perhaps the most) attention is expungement. Bills have been introduced in many states that are aimed at removing low-level, non-violent misdemeanor offenses from a person's record. Noteworthy examples are in South Carolina, where a bill would require the state police search, SLED, to remove any arrest or non-conviction record that meets certain criteria. A bill introduced in Washington is aimed specifically at removing DUI-related offenses. There are too many to list here, and while we generally don't oppose these sorts of bills, we are keeping a close on their progress to make sure they have clear language for how courts and law enforcement agencies are tasked with implementing these new proposed procedures. The operationalization of these approaches is a concern to us because we don't want our members to have to review, vet or select out records that should not be reported. Likewise, often these types of approaches pass without the required technological or system support to make them successful. In the same vein as the expungement bills, Clean Slate legislation continues to have momentum in 2025. One state I think we will likely see some version of this pass this year is in Missouri, where there are already 3 similar bills from both sides of the aisle aimed at automatically expunging non-violent misdemeanors after 5 years. Data privacy persists as an area of concern for lawmakers, particularly around how social media firms utilize consumers' biometric and other data to market products to them. We are watching bills in MA, OK, and PA among others to ensure that their proposed regulations don't interfere with our industry's ability to do our work. In the tenant screening world, Maryland's HB0242 and South Carolina's HB3234 would both prevent property owners from using a candidate's credit score in denying housing opportunities. A new bill in Virginia, HB1638, would create a commission, including criminal justice reform groups, that would establish a "model" screening policy that landlords and property managers would have to adhere to in determining eligibility for housing opportunities. On one of the unexpected notes, there have been a few bills introduced that are directly tied to the incoming presidential administration. The first of these I came across was HB3193 in South Carolina, which is titled the "Trump Criminal Background Records Check Ban Act". There's also Mississippi's HB62 titled the "Donald J. Trump Ban- the-Box Act". Both are aimed at preventing employers in the public sector from asking about a candidate's criminal history before a conditional offer is made, and denying employment to a candidate with a criminal record unless that record directly relates to their ability to perform their specific job duties. There are similar bills in Texas and elsewhere that don't call out our President Elect's name specifically but appear to have the same intent. We've also seen a lot of interest in our industry coming from Texas, specifically from bills filed by Senator Royce West, who has filed a number of bills that we oppose. Bills have been introduced in many states that are aimed at removing low-level, non-violent misdemeanor offenses from a person's record.

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