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Senate Bill S4905A

2011-2012 Legislative Session

Enacts the "credit privacy in employment act" to prohibit the use of credit information in hiring and employment determinations

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Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

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Bill Amendments

2011-S4905 - Details

See Assembly Version of this Bill:
A8070
Current Committee:
Senate Investigations And Government Operations
Law Section:
General Business Law
Laws Affected:
Amd §§380-b, 380-m, 380-c & 380-i, Gen Bus L; add §219-d, Lab L
Versions Introduced in 2013-2014 Legislative Session:
S3868, A2034

2011-S4905 - Summary

Enacts the "credit privacy in employment act" to prohibit the use of credit information in hiring and employment determinations.

2011-S4905 - Sponsor Memo

2011-S4905 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4905

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 29, 2011
                               ___________

Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations

AN ACT to amend the executive law  and  the  general  business  law,  in
  relation to the use of credit history for employment purposes

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Short title. This act shall be known and may  be  cited  as
the "credit privacy in employment act".
  S  2.  Section  296  of  the  executive law is amended by adding a new
subdivision 20 to read as follows:
  20. (A) EXCEPT AS OTHERWISE PROVIDED FOR  IN  PARAGRAPH  (B)  OF  THIS
SUBDIVISION,  IT  SHALL  BE  AN  UNLAWFUL DISCRIMINATORY PRACTICE FOR AN
EMPLOYER, LABOR ORGANIZATION, EMPLOYMENT AGENCY OR LICENSING AGENCY  (I)
TO  USE INFORMATION IN THE CREDIT HISTORY OF A JOB APPLICANT OR EMPLOYEE
IN CONNECTION WITH OR AS A CRITERION FOR EMPLOYMENT DECISIONS RELATED TO
HIRING, TERMINATION, PROMOTION, DEMOTION, DISCIPLINE,  COMPENSATION,  OR
THE  TERMS,  CONDITIONS  OR PRIVILEGES OF EMPLOYMENT; OR (II) TO REQUEST
THE JOB APPLICANT'S OR EMPLOYEE'S CREDIT HISTORY FOR SUCH PURPOSE.
  (B) THE PROVISIONS OF PARAGRAPH (A)  OF  THIS  SUBDIVISION  SHALL  NOT
APPLY  IF  THE EMPLOYER IS REQUIRED BY STATE OR FEDERAL LAW TO USE INDI-
VIDUAL CREDIT HISTORY FOR EMPLOYMENT PURPOSES.
  (C) BEFORE AN EMPLOYER MAY REQUEST OR USE A CREDIT HISTORY PURSUANT TO
PARAGRAPH (B) OF THIS SUBDIVISION, THE JOB APPLICANT OR  EMPLOYEE  SHALL
BE  GIVEN  AND  SIGN  AN AUTHORIZATION AND CONSENT FORM WHICH EXPLICITLY
STATES THE SPECIFIC PURPOSE, USE AND LIMITATION OF USE  OF  SUCH  CREDIT
HISTORY AS IT PERTAINS TO THE EMPLOYMENT DECISION.
  (D) AS USED IN THIS SUBDIVISION, "CREDIT HISTORY" MEANS ANY WRITTEN OR
OTHER  COMMUNICATION  OF ANY INFORMATION BY A CONSUMER REPORTING AGENCY,
AS DEFINED IN SECTION THREE HUNDRED EIGHTY-A  OF  THE  GENERAL  BUSINESS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11204-01-1

              

2011-S4905A (ACTIVE) - Details

See Assembly Version of this Bill:
A8070
Current Committee:
Senate Investigations And Government Operations
Law Section:
General Business Law
Laws Affected:
Amd §§380-b, 380-m, 380-c & 380-i, Gen Bus L; add §219-d, Lab L
Versions Introduced in 2013-2014 Legislative Session:
S3868, A2034

2011-S4905A (ACTIVE) - Summary

Enacts the "credit privacy in employment act" to prohibit the use of credit information in hiring and employment determinations.

2011-S4905A (ACTIVE) - Sponsor Memo

2011-S4905A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4905--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 29, 2011
                               ___________

Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations -- recommitted to the Committee on Investigations  and
  Government  Operations  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 and the labor law, in relation
  to the use of credit history for employment purposes

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Short  title. This act shall be known and may be cited as
the "credit privacy in employment act".
  S 2. Paragraph 3 of subdivision (a) of section 380-b  of  the  general
business  law, as amended by chapter 797 of the laws of 1984, is amended
to read as follows:
  (3) To a person whom it has reason  to  believe  intends  to  use  the
information  (i)  in  connection with a credit transaction involving the
consumer on whom the information is to be furnished  and  involving  the
extension  of  credit  to, or review or collection of an account of, the
consumer, or (ii) for employment purposes, SUBJECT TO THE PROVISIONS  OF
SECTION  THREE  HUNDRED  EIGHTY-U OF THIS ARTICLE or (iii) in connection
with the underwriting of insurance involving the consumer,  or  (iv)  in
connection  with  a  determination  of  the consumer's eligibility for a
license or other  benefit  granted  by  a  governmental  instrumentality
required  by  law to consider an applicant's financial responsibility or
status, or (v) to a person in connection  with  a  business  transaction
involving the consumer where the user has a legitimate business need for
such  information,  or  (vi) in connection with the rental or lease of a
residence.
  S 3. Section 380-m of the general business law, as amended by  chapter
279 of the laws of 2008, is amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11204-05-2
              

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