senate Bill S2884E

2019-2020 Legislative Session

Prohibits the disclosure or use of consumer credit history in hiring, employment and licensing determinations

download bill text pdf

Sponsored By

Current Bill Status - On Floor Calendar


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Your Voice

do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

view actions (16)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 11, 2020 advanced to third reading
Mar 10, 2020 2nd report cal.
Mar 04, 2020 1st report cal.577
Feb 19, 2020 print number 2884e
Feb 19, 2020 amend and recommit to consumer protection
Jan 08, 2020 referred to consumer protection
Jun 20, 2019 committed to rules
Jun 12, 2019 amended on third reading 2884d
Jun 11, 2019 amended on third reading 2884c
May 06, 2019 amended on third reading 2884b
Mar 07, 2019 advanced to third reading
Mar 06, 2019 2nd report cal.
Mar 05, 2019 1st report cal.221
Feb 08, 2019 print number 2884a
Feb 08, 2019 amend and recommit to consumer protection
Jan 30, 2019 referred to consumer protection

Votes

view votes

Mar 4, 2020 - Consumer Protection committee Vote

S2884E
4
1
committee
4
Aye
1
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Consumer Protection committee vote details

Consumer Protection Committee Vote: Mar 4, 2020

nay (1)
aye wr (2)

Mar 5, 2019 - Consumer Protection committee Vote

S2884A
5
0
committee
5
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: Mar 5, 2019

aye wr (2)

Co-Sponsors

S2884 - Details

See Assembly Version of this Bill:
A2611
Law Section:
General Business Law
Laws Affected:
Amd §§380-a & 380-b, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2013-2014: A7056
2015-2016: S1545, A2372
2017-2018: S5653, A5310

S2884 - Summary

Prohibits the use of consumer credit history in hiring, employment and licensing determinations.

S2884 - Sponsor Memo

S2884 - Bill Text download pdf


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

                                  2884

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 30, 2019
                               ___________

Introduced by Sens. SANDERS, CARLUCCI -- 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 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:

  Section  1.  Section  380-a  of the general business law is amended by
adding a new subdivision (u) to read as follows:
  (U) THE TERM "CONSUMER CREDIT HISTORY" MEANS  AN  INDIVIDUAL'S  CREDIT
WORTHINESS,  CREDIT  STANDING,  CREDIT  CAPACITY  OR PAYMENT HISTORY, AS
INDICATED BY:
  (1) A CONSUMER CREDIT REPORT;
  (2) CREDIT SCORE; OR
  (3) INFORMATION AN  EMPLOYER  OBTAINS  DIRECTLY  FROM  THE  INDIVIDUAL
REGARDING  (I) DETAILS ABOUT CREDIT ACCOUNTS, INCLUDING THE INDIVIDUAL'S
NUMBER OF CREDIT ACCOUNTS, LATE OR MISSED PAYMENTS,  CHARGED-OFF  DEBTS,
ITEMS  IN COLLECTIONS, CREDIT LIMIT OR PRIOR CREDIT REPORT INQUIRIES, OR
(II) BANKRUPTCIES, JUDGMENTS OR LIENS.
  A CONSUMER CREDIT REPORT SHALL INCLUDE ANY WRITTEN OR  OTHER  COMMUNI-
CATION OF ANY INFORMATION BY A CONSUMER REPORTING AGENCY THAT BEARS ON A
CONSUMER'S  CREDITWORTHINESS, CREDIT STANDING, CREDIT CAPACITY OR CREDIT
HISTORY.
  § 2. Subdivision (d) of section 380-b of the general business  law  is
relettered  subdivision  (f)  and  two  new subdivisions (d) and (e) are
added to read as follows:
  (D) (1) EXCEPT AS PROVIDED IN THIS SUBDIVISION, IT SHALL BE AN  UNLAW-
FUL DISCRIMINATORY PRACTICE FOR AN EMPLOYER, LABOR ORGANIZATION, EMPLOY-
MENT  AGENCY  OR ANY AGENT THEREOF TO REQUEST OR TO USE, AND A VIOLATION

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

Co-Sponsors

S2884A - Details

See Assembly Version of this Bill:
A2611
Law Section:
General Business Law
Laws Affected:
Amd §§380-a & 380-b, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2013-2014: A7056
2015-2016: S1545, A2372
2017-2018: S5653, A5310

S2884A - Summary

Prohibits the use of consumer credit history in hiring, employment and licensing determinations.

S2884A - Sponsor Memo

S2884A - Bill Text download pdf


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

                                 2884--A

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 30, 2019
                               ___________

Introduced by Sens. SANDERS, CARLUCCI -- 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 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:

  Section  1.  Section  380-a  of the general business law is amended by
adding a new subdivision (u) to read as follows:
  (U) THE TERM "CONSUMER CREDIT HISTORY" MEANS  AN  INDIVIDUAL'S  CREDIT
WORTHINESS,  CREDIT  STANDING,  CREDIT  CAPACITY  OR PAYMENT HISTORY, AS
INDICATED BY:
  (1) A CONSUMER CREDIT REPORT;
  (2) CREDIT SCORE; OR
  (3) INFORMATION AN  EMPLOYER  OBTAINS  DIRECTLY  FROM  THE  INDIVIDUAL
REGARDING  (I) DETAILS ABOUT CREDIT ACCOUNTS, INCLUDING THE INDIVIDUAL'S
NUMBER OF CREDIT ACCOUNTS, LATE OR MISSED PAYMENTS,  CHARGED-OFF  DEBTS,
ITEMS  IN COLLECTIONS, CREDIT LIMIT OR PRIOR CREDIT REPORT INQUIRIES, OR
(II) BANKRUPTCIES, JUDGMENTS OR LIENS.
  A CONSUMER CREDIT REPORT SHALL INCLUDE ANY WRITTEN OR  OTHER  COMMUNI-
CATION OF ANY INFORMATION BY A CONSUMER REPORTING AGENCY THAT BEARS ON A
CONSUMER'S  CREDITWORTHINESS, CREDIT STANDING, CREDIT CAPACITY OR CREDIT
HISTORY.
  § 2. Subdivision (d) of section 380-b of the general business  law  is
relettered  subdivision  (f)  and  two  new subdivisions (d) and (e) are
added to read as follows:
  (D) (1) EXCEPT AS PROVIDED IN THIS SUBDIVISION, IT SHALL BE AN  UNLAW-
FUL DISCRIMINATORY PRACTICE FOR AN EMPLOYER, LABOR ORGANIZATION, EMPLOY-

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

Co-Sponsors

S2884B - Details

See Assembly Version of this Bill:
A2611
Law Section:
General Business Law
Laws Affected:
Amd §§380-a & 380-b, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2013-2014: A7056
2015-2016: S1545, A2372
2017-2018: S5653, A5310

S2884B - Summary

Prohibits the use of consumer credit history in hiring, employment and licensing determinations.

S2884B - Sponsor Memo

S2884B - Bill Text download pdf


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

                                 2884--B
    Cal. No. 221

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            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

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:

  Section 1. Section 380-a of the general business  law  is  amended  by
adding a new subdivision (u) to read as follows:
  (U)  THE  TERM  "CONSUMER CREDIT HISTORY" MEANS AN INDIVIDUAL'S CREDIT
WORTHINESS, CREDIT STANDING, CREDIT  CAPACITY  OR  PAYMENT  HISTORY,  AS
INDICATED BY:
  (1) A CONSUMER CREDIT REPORT;
  (2) CREDIT SCORE; OR
  (3)  INFORMATION  AN  EMPLOYER  OBTAINS  DIRECTLY  FROM THE INDIVIDUAL
REGARDING (I) DETAILS ABOUT CREDIT ACCOUNTS, INCLUDING THE  INDIVIDUAL'S
NUMBER  OF  CREDIT ACCOUNTS, LATE OR MISSED PAYMENTS, CHARGED-OFF DEBTS,
ITEMS IN COLLECTIONS, CREDIT LIMIT OR PRIOR CREDIT REPORT INQUIRIES,  OR
(II) BANKRUPTCIES, JUDGMENTS OR LIENS.
  A  CONSUMER  CREDIT REPORT SHALL INCLUDE ANY WRITTEN OR OTHER COMMUNI-
CATION OF ANY INFORMATION BY A CONSUMER REPORTING AGENCY THAT BEARS ON A
CONSUMER'S CREDITWORTHINESS, CREDIT STANDING, CREDIT CAPACITY OR  CREDIT
HISTORY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01243-07-9

Co-Sponsors

S2884C - Details

See Assembly Version of this Bill:
A2611
Law Section:
General Business Law
Laws Affected:
Amd §§380-a & 380-b, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2013-2014: A7056
2015-2016: S1545, A2372
2017-2018: S5653, A5310

S2884C - Summary

Prohibits the use of consumer credit history in hiring, employment and licensing determinations.

S2884C - Sponsor Memo

S2884C - Bill Text download pdf


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

                                 2884--C
    Cal. No. 221

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 30, 2019
                               ___________

Introduced  by Sens. SANDERS, CARLUCCI, GOUNARDES, 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

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:

  Section 1. Section 380-a of the general business  law  is  amended  by
adding a new subdivision (u) to read as follows:
  (U)  THE  TERM  "CONSUMER CREDIT HISTORY" MEANS AN INDIVIDUAL'S CREDIT
WORTHINESS, CREDIT STANDING, CREDIT  CAPACITY  OR  PAYMENT  HISTORY,  AS
INDICATED BY:
  (1) A CONSUMER CREDIT REPORT;
  (2) CREDIT SCORE; OR
  (3)  INFORMATION  AN  EMPLOYER  OBTAINS  DIRECTLY  FROM THE INDIVIDUAL
REGARDING (I) DETAILS ABOUT CREDIT ACCOUNTS, INCLUDING THE  INDIVIDUAL'S
NUMBER  OF  CREDIT ACCOUNTS, LATE OR MISSED PAYMENTS, CHARGED-OFF DEBTS,
ITEMS IN COLLECTIONS, CREDIT LIMIT OR PRIOR CREDIT REPORT INQUIRIES,  OR
(II) BANKRUPTCIES, JUDGMENTS OR LIENS.
  A  CONSUMER  CREDIT REPORT SHALL INCLUDE ANY WRITTEN OR OTHER COMMUNI-
CATION OF ANY INFORMATION BY A CONSUMER REPORTING AGENCY THAT BEARS ON A
CONSUMER'S CREDITWORTHINESS, CREDIT STANDING, CREDIT CAPACITY OR  CREDIT
HISTORY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

Co-Sponsors

S2884D - Details

See Assembly Version of this Bill:
A2611
Law Section:
General Business Law
Laws Affected:
Amd §§380-a & 380-b, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2013-2014: A7056
2015-2016: S1545, A2372
2017-2018: S5653, A5310

S2884D - Summary

Prohibits the use of consumer credit history in hiring, employment and licensing determinations.

S2884D - Sponsor Memo

S2884D - Bill Text download pdf


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

                                 2884--D
    Cal. No. 221

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 30, 2019
                               ___________

Introduced  by Sens. SANDERS, CARLUCCI, GOUNARDES, 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

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:

  Section  1.  Section  380-a  of the general business law is amended by
adding a new subdivision (u) to read as follows:
  (U) THE TERM "CONSUMER CREDIT HISTORY" MEANS  AN  INDIVIDUAL'S  CREDIT
WORTHINESS,  CREDIT  STANDING,  CREDIT  CAPACITY  OR PAYMENT HISTORY, AS
INDICATED BY:
  (1) A CONSUMER CREDIT REPORT;
  (2) CREDIT SCORE; OR
  (3) INFORMATION AN  EMPLOYER  OBTAINS  DIRECTLY  FROM  THE  INDIVIDUAL
REGARDING  (I) DETAILS ABOUT CREDIT ACCOUNTS, INCLUDING THE INDIVIDUAL'S
NUMBER OF CREDIT ACCOUNTS, LATE OR MISSED PAYMENTS,  CHARGED-OFF  DEBTS,
ITEMS  IN COLLECTIONS, CREDIT LIMIT OR PRIOR CREDIT REPORT INQUIRIES, OR
(II) BANKRUPTCIES, JUDGMENTS OR LIENS.
  A CONSUMER CREDIT REPORT SHALL INCLUDE ANY WRITTEN OR  OTHER  COMMUNI-
CATION OF ANY INFORMATION BY A CONSUMER REPORTING AGENCY THAT BEARS ON A

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

Co-Sponsors

view additional co-sponsors

S2884E (ACTIVE) - Details

See Assembly Version of this Bill:
A2611
Law Section:
General Business Law
Laws Affected:
Amd §§380-a & 380-b, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2013-2014: A7056
2015-2016: S1545, A2372
2017-2018: S5653, A5310

S2884E (ACTIVE) - Summary

Prohibits the use of consumer credit history in hiring, employment and licensing determinations.

S2884E (ACTIVE) - Sponsor Memo

S2884E (ACTIVE) - Bill Text download pdf


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

                                 2884--E

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            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:

  Section  1.  Section  380-a  of the general business law is amended by
adding a new subdivision (v) to read as follows:
  (V) THE TERM "CONSUMER CREDIT HISTORY" MEANS  AN  INDIVIDUAL'S  CREDIT
WORTHINESS,  CREDIT  STANDING,  CREDIT  CAPACITY  OR PAYMENT HISTORY, AS
INDICATED BY:
  (1) A CONSUMER CREDIT REPORT;
  (2) CREDIT SCORE; OR
  (3) INFORMATION AN  EMPLOYER  OBTAINS  DIRECTLY  FROM  THE  INDIVIDUAL
REGARDING  (I) DETAILS ABOUT CREDIT ACCOUNTS, INCLUDING THE INDIVIDUAL'S
NUMBER OF CREDIT ACCOUNTS, LATE OR MISSED PAYMENTS,  CHARGED-OFF  DEBTS,
ITEMS  IN COLLECTIONS, CREDIT LIMIT OR PRIOR CREDIT REPORT INQUIRIES, OR
(II) BANKRUPTCIES, JUDGMENTS OR LIENS.

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

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.