New York State Assembly

 
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A02611 Summary:

A02611 Actions:

A02611 Committee Votes:

Committee:CONSUMER AFFAIRS AND PROTECTION   Chair:DenDekker      
DATE:05/14/2019AYE/NAY:11/4  Action: Favorable refer to committee Codes        
DenDekker
Aye
Mikulin
Nay
Abbate
Aye
McDonough
Nay
Quart
Aye
Miller
Nay
Buchwald
Aye
Palumbo
Nay
Simon
Aye
Dilan
Aye
Seawright
Excused
Rozic
Aye
Niou
Aye
Pheffer Amato
Aye
Williams
Aye
Fall
Aye

Committee:CODES   Chair:Lentol      
DATE:06/13/2019AYE/NAY:14/6  Action: Favorable refer to committee Rules        
Lentol
Aye
Ra
Nay
Schimminger
Excused
Giglio
Nay
Pretlow
Aye
Montesano
Nay
Cook
Excused
Morinello
Nay
Cymbrowitz
Aye
Palumbo
Nay
O'Donnell
Aye
Garbarino
Nay
Lavine
Aye
Perry
Aye
Zebrowski
Aye
Abinanti
Aye
Weprin
Aye
Mosley
Aye
Hevesi
Aye
Fahy
Aye
Seawright
Aye
Rosenthal
Aye

Committee:RULES   Chair:Gottfried      
DATE:06/17/2019AYE/NAY:18/8  Action: Favorable         
Heastie
Excused
Kolb
Nay
Gottfried
Aye
Crouch
Nay
Lentol
Aye
Finch
Nay
Gantt
Excused
Barclay
Nay
Nolan
Excused
Raia
Nay
Weinstein
Aye
Hawley
Nay
Ortiz
Aye
Giglio
Nay
Pretlow
Aye
Malliotakis
Nay
Cook
Aye
Glick
Aye
Aubry
Aye
Englebright
Aye
Dinowitz
Aye
Colton
Aye
Magnarelli
Aye
Perry
Aye
Paulin
Aye
Titus
Excused
Peoples-Stokes
Aye
Benedetto
Aye
Lavine
Excused
Lupardo
Aye
Zebrowski
Aye

A02611 Floor Votes:

A02611 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         2611--E
                                                                Cal. No. 116
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 24, 2019
                                       ___________
 
        Introduced by M. of A. DINOWITZ, L. ROSENTHAL, CRESPO, BUCHWALD, WEPRIN,
          M. G. MILLER,  RODRIGUEZ,  OTIS,  ABINANTI, SEAWRIGHT, SOLAGES, REYES,
          TAYLOR, SAYEGH, GOTTFRIED, EPSTEIN,  D'URSO,  STIRPE,  ARROYO,  BLAKE,
          HYNDMAN,  DE LA ROSA,  STECK,  COOK,  GLICK,  CRUZ,  ZEBROWSKI, ORTIZ,
          WALLACE, FALL, FRONTUS, FERNANDEZ, DARLING -- Multi-Sponsored by -- M.
          of A. DenDEKKER, GALEF, GRIFFIN, JAFFEE, PERRY, SIMON -- read once and
          referred to the  Committee  on  Consumer  Affairs  and  Protection  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee -- again reported  from  said  committee
          with  amendments, ordered reprinted as amended and recommitted to said
          committee -- reported and  referred  to  the  Committee  on  Codes  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee -- again reported  from  said  committee
          with  amendments, ordered reprinted as amended and recommitted to said
          committee  --  ordered  to  a  third  reading,  amended  and   ordered
          reprinted, retaining its place on the order of third reading

        AN ACT to amend the general business law, in relation to prohibiting the
          disclosure  or use of a person's consumer credit history to an employ-
          er,  labor  organization,  employment  agency  or  agent  thereof  for
          purposes of employment decisions
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 380-a of the general business  law  is  amended  by
     2  adding a new subdivision (v) to read as follows:
     3    (v)  The  term  "consumer credit history" means an individual's credit
     4  worthiness, credit standing, credit  capacity  or  payment  history,  as
     5  indicated by:
     6    (1) a consumer credit report;
     7    (2) credit score; or
     8    (3)  information  an  employer  obtains  directly  from the individual
     9  regarding (i) details about credit accounts, including the  individual's
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01243-16-0
        A. 2611--E                          2
 
     1  number  of  credit accounts, late or missed payments, charged-off debts,
     2  items in collections, credit limit or prior credit report inquiries,  or
     3  (ii) bankruptcies, judgments or liens.
     4    A  consumer  credit report shall include any written or other communi-
     5  cation of any information by a consumer reporting agency that bears on a
     6  consumer's creditworthiness, credit standing, credit capacity or  credit
     7  history.
     8    §  2.  Subdivision (d) of section 380-b of the general business law is
     9  relettered subdivision (g) and three new subdivisions (d), (e)  and  (f)
    10  are added to read as follows:
    11    (d)  (1) Except as provided in this subdivision, it shall be an unlaw-
    12  ful discriminatory practice for an employer, labor organization, employ-
    13  ment agency or any agent thereof to request or  to  use  for  employment
    14  purposes  the  consumer credit history of an applicant for employment or
    15  employee, or otherwise discriminate against  an  applicant  or  employee
    16  with regard to hiring, compensation,  or the terms, conditions or privi-
    17  leges  of  employment based on the consumer credit history of the appli-
    18  cant or employee.
    19    (2) Paragraph one of this subdivision shall not apply to:
    20    (i) an employer, or agent thereof, that is required by state or feder-
    21  al law or by  a  self-regulatory  organization  as  defined  in  section
    22  3(a)(26)  of  the  securities exchange act of 1934, as amended to use an
    23  individual's consumer credit history for employment purposes;
    24    (ii) persons applying for positions as or employed as  peace  officers
    25  or  police  officers,  as such terms are defined in subdivisions thirty-
    26  three and thirty-four of section 1.20 of  the  criminal  procedure  law,
    27  respectively,  or  in a position with a law enforcement or investigative
    28  function in a law enforcement agency.
    29    (3) Paragraph one of this subdivision shall not be construed to affect
    30  the obligations of persons required by state or local  law  relating  to
    31  disclosures by public employees of conflicts of interest.
    32    (4)  Nothing  in  this  subdivision  shall  preclude  an employer from
    33  requesting or receiving consumer credit history information pursuant  to
    34  a  lawful  subpoena,  court  order  or specific law enforcement investi-
    35  gation.
    36    (e) (1) Except as otherwise provided in this subdivision, it shall  be
    37  an unlawful discriminatory practice for any state or municipal agency to
    38  request   or  use  for  licensing  or  permitting  purposes  information
    39  contained in the consumer credit history of an  applicant,  licensee  or
    40  permittee for licensing or permitting purposes.
    41    (2)  Paragraph  one  of  this subdivision shall not apply to an agency
    42  required by state or federal law to use an individual's consumer  credit
    43  history for licensing or permitting purposes.
    44    (3) Paragraph one of this subdivision shall not be construed to affect
    45  the  ability of an agency to consider an applicant's, licensee's, regis-
    46  trant's or permittee's failure to pay any tax, fine, penalty or fee  for
    47  which  liability has been admitted by the person liable therefor, or for
    48  which judgment has been entered by a court or administrative tribunal of
    49  competent jurisdiction, or any tax for which  a  government  agency  has
    50  issued a warrant, or a lien or levy on property.
    51    (4) Nothing in this subdivision shall preclude a licensing agency from
    52  requesting,  receiving,  or  using  consumer  credit history information
    53  obtained pursuant to a lawful subpoena,  court  order  or  specific  law
    54  enforcement investigation.
    55    (f) This section does not annul, alter, affect or exempt any employer,
    56  labor  organization,  employment  agency or any agent thereof subject to
        A. 2611--E                          3
 
     1  the provisions of this section from complying with any local law,  ordi-
     2  nance  or  regulation with respect to the use of consumer credit history
     3  for employment purposes except to the extent that those laws are  incon-
     4  sistent  with any provision of this section, and then only to the extent
     5  of such inconsistency. For purposes of this subdivision,  a  local  law,
     6  ordinance  or  regulation  is  not inconsistent with this section if the
     7  protection such law or regulation affords an employee or  job  applicant
     8  is greater than the protection provided by this section.
     9    § 3. The division of human rights shall request information from state
    10  and  local  agencies  and non-governmental employers regarding the agen-
    11  cies' and employers' use of the exemptions  established  in  subdivision
    12  (d)  of section 380-b of the general business law for purposes of hiring
    13  and employment. Within two years of the effective date of this act,  the
    14  division  of  human  rights  shall  submit  to  the legislature a report
    15  concerning the results of such request and any  relevant  feedback  from
    16  agencies and employers.
    17    § 4. This act shall take effect on the one hundred twentieth day after
    18  it shall have become a law.