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S02884 Summary:

BILL NOS02884E
 
SAME ASSAME AS A02611-E
 
SPONSORSANDERS
 
COSPNSRBIAGGI, CARLUCCI, GOUNARDES, HOYLMAN, KRUEGER, MAY, RAMOS, RIVERA, THOMAS
 
MLTSPNSR
 
Amd §§380-a & 380-b, Gen Bus L
 
Prohibits the use of consumer credit history in hiring, employment and licensing determinations.
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S02884 Actions:

BILL NOS02884E
 
01/30/2019REFERRED TO CONSUMER PROTECTION
02/08/2019AMEND AND RECOMMIT TO CONSUMER PROTECTION
02/08/2019PRINT NUMBER 2884A
03/05/20191ST REPORT CAL.221
03/06/20192ND REPORT CAL.
03/07/2019ADVANCED TO THIRD READING
05/06/2019AMENDED ON THIRD READING 2884B
06/11/2019AMENDED ON THIRD READING 2884C
06/12/2019AMENDED ON THIRD READING 2884D
06/20/2019COMMITTED TO RULES
01/08/2020REFERRED TO CONSUMER PROTECTION
02/19/2020AMEND AND RECOMMIT TO CONSUMER PROTECTION
02/19/2020PRINT NUMBER 2884E
03/04/20201ST REPORT CAL.577
03/10/20202ND REPORT CAL.
03/11/2020ADVANCED TO THIRD READING
12/28/2020COMMITTED TO RULES
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S02884 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         2884--E
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                    January 30, 2019
                                       ___________
 
        Introduced by Sens. SANDERS, CARLUCCI, GOUNARDES, KRUEGER, RAMOS, THOMAS
          -- read twice and ordered printed, and when printed to be committed to
          the  Committee  on  Consumer  Protection -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee  --  reported  favorably from said committee, ordered to first and
          second report,  ordered  to  a  third  reading,  amended  and  ordered
          reprinted,  retaining its place in the order of third reading -- again
          amended and ordered reprinted, retaining its place  in  the  order  of
          third  reading  --  again amended and ordered reprinted, retaining its
          place in the order of third reading -- recommitted to the Committee on
          Consumer Protection in accordance  with  Senate  Rule  6,  sec.  8  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee
 
        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
    10  number of credit accounts, late or missed payments,  charged-off  debts,
    11  items  in collections, credit limit or prior credit report inquiries, or
    12  (ii) bankruptcies, judgments or liens.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01243-17-0

        S. 2884--E                          2
 
     1    A consumer credit report shall include any written or  other  communi-
     2  cation of any information by a consumer reporting agency that bears on a
     3  consumer's  creditworthiness, credit standing, credit capacity or credit
     4  history.
     5    §  2.  Subdivision (d) of section 380-b of the general business law is
     6  relettered subdivision (g) and three new subdivisions (d), (e)  and  (f)
     7  are added to read as follows:
     8    (d)  (1) Except as provided in this subdivision, it shall be an unlaw-
     9  ful discriminatory practice for an employer, labor organization, employ-
    10  ment agency or any agent thereof to request or  to  use  for  employment
    11  purposes  the  consumer credit history of an applicant for employment or
    12  employee, or otherwise discriminate against  an  applicant  or  employee
    13  with regard to hiring, compensation,  or the terms, conditions or privi-
    14  leges  of  employment based on the consumer credit history of the appli-
    15  cant or employee.
    16    (2) Paragraph one of this subdivision shall not apply to:
    17    (i) an employer, or agent thereof, that is required by state or feder-
    18  al law or by  a  self-regulatory  organization  as  defined  in  section
    19  3(a)(26)  of  the  securities exchange act of 1934, as amended to use an
    20  individual's consumer credit history for employment purposes;
    21    (ii) persons applying for positions as or employed as  peace  officers
    22  or  police  officers,  as such terms are defined in subdivisions thirty-
    23  three and thirty-four of section 1.20 of  the  criminal  procedure  law,
    24  respectively,  or  in a position with a law enforcement or investigative
    25  function in a law enforcement agency.
    26    (3) Paragraph one of this subdivision shall not be construed to affect
    27  the obligations of persons required by state or local  law  relating  to
    28  disclosures by public employees of conflicts of interest.
    29    (4)  Nothing  in  this  subdivision  shall  preclude  an employer from
    30  requesting or receiving consumer credit history information pursuant  to
    31  a  lawful  subpoena,  court  order  or specific law enforcement investi-
    32  gation.
    33    (e) (1) Except as otherwise provided in this subdivision, it shall  be
    34  an unlawful discriminatory practice for any state or municipal agency to
    35  request   or  use  for  licensing  or  permitting  purposes  information
    36  contained in the consumer credit history of an  applicant,  licensee  or
    37  permittee for licensing or permitting purposes.
    38    (2)  Paragraph  one  of  this subdivision shall not apply to an agency
    39  required by state or federal law to use an individual's consumer  credit
    40  history for licensing or permitting purposes.
    41    (3) Paragraph one of this subdivision shall not be construed to affect
    42  the  ability of an agency to consider an applicant's, licensee's, regis-
    43  trant's or permittee's failure to pay any tax, fine, penalty or fee  for
    44  which  liability has been admitted by the person liable therefor, or for
    45  which judgment has been entered by a court or administrative tribunal of
    46  competent jurisdiction, or any tax for which  a  government  agency  has
    47  issued a warrant, or a lien or levy on property.
    48    (4) Nothing in this subdivision shall preclude a licensing agency from
    49  requesting,  receiving,  or  using  consumer  credit history information
    50  obtained pursuant to a lawful subpoena,  court  order  or  specific  law
    51  enforcement investigation.
    52    (f) This section does not annul, alter, affect or exempt any employer,
    53  labor  organization,  employment  agency or any agent thereof subject to
    54  the provisions of this section from complying with any local law,  ordi-
    55  nance  or  regulation with respect to the use of consumer credit history
    56  for employment purposes except to the extent that those laws are  incon-

        S. 2884--E                          3
 
     1  sistent  with any provision of this section, and then only to the extent
     2  of such inconsistency. For purposes of this subdivision,  a  local  law,
     3  ordinance  or  regulation  is  not inconsistent with this section if the
     4  protection  such  law or regulation affords an employee or job applicant
     5  is greater than the protection provided by this section.
     6    § 3. The division of human rights shall request information from state
     7  and local agencies and non-governmental employers  regarding  the  agen-
     8  cies'  and  employers'  use of the exemptions established in subdivision
     9  (d) of section 380-b of the general business law for purposes of  hiring
    10  and  employment. Within two years of the effective date of this act, the
    11  division of human rights  shall  submit  to  the  legislature  a  report
    12  concerning  the  results  of such request and any relevant feedback from
    13  agencies and employers.
    14    § 4. This act shall take effect on the one hundred twentieth day after
    15  it shall have become a law.
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