STATE OF NEW YORK
________________________________________________________________________
2898
2019-2020 Regular Sessions
IN SENATE
January 30, 2019
___________
Introduced by Sen. THOMAS -- read twice and ordered printed, and when
printed to be committed to the Committee on Consumer Protection
AN ACT to amend the general business law, in relation to adverse infor-
mation in credit reports of certain furloughed federal government
employees
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 380-v of the general business law, as relettered by
2 chapter 441 of the laws of 2014, is renumbered section 380-w and a new
3 section 380-v is added to read as follows:
4 § 380-v. Furloughed federal employees. No consumer reporting agency
5 shall report or maintain in the consumer report or file of a consumer
6 any new adverse information on a consumer who is a federal employee
7 impacted by a federal government furlough as set forth in this section,
8 which was obtained by the consumer reporting agency during such furlough
9 period. A credit reporting agency may report adverse information on a
10 consumer beginning ninety days after the end of a furlough period
11 provided that no such adverse information shall have been derived or
12 obtained during the furlough period. The provisions of this section
13 shall not apply to adverse information developed or reported prior to a
14 federal government furlough. The provisions of this section shall apply
15 to New York residents employed by the federal government who are
16 furloughed or who have been designated non-pay federal employees and who
17 have not received their regular salary or wages due to a federal govern-
18 ment furlough which lasts at least one pay period from the start of such
19 furlough. A consumer shall have the burden of establishing that they are
20 a New York state resident, a federal employee, and that they have been
21 impacted by a federal government furlough. Proof of New York state resi-
22 dency may be made by a utility bill or driver's license. A pay stub
23 issued within thirty days shall be proof of federal employment.
24 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08913-04-9