S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7194
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 21, 2025
                                ___________
 
 Introduced  by  M.  of  A.  BICHOTTE HERMELYN,  ALVAREZ, EPSTEIN, REYES,
   KELLES, LEVENBERG, TAYLOR, BORES -- read  once  and  referred  to  the
   Committee on Labor
 
 AN  ACT  to amend the labor law, in relation to prohibiting student loan
   payment history checks in making employment decisions

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The labor law is amended by adding a new section 219-b to
 read as follows:
   § 219-B. STUDENT  LOAN  PAYMENT  HISTORY;  EMPLOYMENT.  1.  EXCEPT  AS
 PROVIDED  IN  THIS SECTION AND IN THOSE CASES OTHERWISE MANDATED BY LAW,
 IT SHALL BE AN UNLAWFUL  DISCRIMINATORY  PRACTICE  FOR  AN  EMPLOYER  TO
 REQUEST  OR  TO USE FOR EMPLOYMENT PURPOSES INFORMATION CONTAINED IN THE
 CONSUMER CREDIT HISTORY INDICATING THE PAYMENT STATUS OF A STUDENT LOAN,
 AS DEFINED IN SUBDIVISION FOURTEEN OF SECTION SIXTEEN  HUNDRED  SEVENTY-
 SIX  OF  THE  PUBLIC  AUTHORITIES LAW, OF AN APPLICANT FOR EMPLOYMENT OR
 OTHERWISE DISCRIMINATE AGAINST SUCH  APPLICANT  WITH  REGARD  TO  HIRING
 DECISIONS.
   2.  FOR THE PURPOSES OF THIS SECTION, THE TERM "CONSUMER CREDIT HISTO-
 RY" SHALL MEAN ANY INFORMATION BEARING ON AN INDIVIDUAL'S CREDIT WORTHI-
 NESS, CREDIT STANDING, OR CREDIT CAPACITY, INCLUDING,  BUT  NOT  LIMITED
 TO,  AN  INDIVIDUAL'S  CREDIT  SCORE,  CREDIT ACCOUNT AND OTHER CONSUMER
 ACCOUNT BALANCES, AND PAYMENT HISTORY.
   3. THIS SECTION SHALL NOT APPLY TO AN EMPLOYER, OR AGENT THEREOF, THAT
 IS REQUIRED BY STATE OF FEDERAL LAW OR REGULATIONS OR BY A  SELF-REGULA-
 TORY ORGANIZATION, AS DEFINED IN PARAGRAPH TWENTY-SIX OF SUBDIVISION (A)
 OF  SECTION THREE OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED, TO
 USE AN INDIVIDUAL'S CONSUMER CREDIT HISTORY FOR EMPLOYMENT PURPOSES.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11048-01-5


              

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7194--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 21, 2025
                                ___________
 
 Introduced  by  M.  of  A.  BICHOTTE HERMELYN,  ALVAREZ, EPSTEIN, REYES,
   KELLES, LEVENBERG, TAYLOR, BORES -- read  once  and  referred  to  the
   Committee  on  Labor  --  committee  discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the labor law, in relation to prohibiting  student  loan
   payment credit history checks in making employment decisions
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The labor law is amended by adding a new section  219-b  to
 read as follows:
   § 219-B. STUDENT LOAN PAYMENT CREDIT HISTORY; EMPLOYMENT. 1. EXCEPT AS
 PROVIDED  IN  THIS SECTION AND IN THOSE CASES OTHERWISE MANDATED BY LAW,
 IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR AN  EMPLOYER,  LABOR
 ORGANIZATION,  EMPLOYMENT  AGENCY OR ANY AGENT THEREFOR TO REQUEST OR TO
 USE FOR EMPLOYMENT PURPOSES INFORMATION CONTAINED IN THE CONSUMER CREDIT
 HISTORY INDICATING THE PAYMENT STATUS OF A STUDENT LOAN, AS  DEFINED  IN
 SUBDIVISION  FOURTEEN  OF  SECTION  SIXTEEN  HUNDRED  SEVENTY-SIX OF THE
 PUBLIC AUTHORITIES LAW, OF AN APPLICANT FOR EMPLOYMENT OR  EMPLOYEE,  OR
 OTHERWISE  DISCRIMINATE  AGAINST  SUCH  APPLICANT  WITH REGARD TO HIRING
 DECISIONS, COMPENSATION, OR  THE  TERMS,  CONDITIONS  OR  PRIVILEGES  OF
 EMPLOYMENT  BASED  ON  THE  STUDENT  LOAN  PAYMENT CREDIT HISTORY OF THE
 APPLICANT OR EMPLOYEE.
   2. THIS SECTION SHALL NOT APPLY TO:
   (A) AN EMPLOYER, OR AGENT THEREOF, THAT IS REQUIRED BY STATE OR FEDER-
 AL LAW OR REGULATIONS OR BY A SELF-REGULATORY ORGANIZATION,  AS  DEFINED
 IN PARAGRAPH TWENTY-SIX OF SUBDIVISION (A) OF SECTION THREE OF THE SECU-
 RITIES  EXCHANGE ACT OF 1934, AS AMENDED, TO USE AN INDIVIDUAL'S STUDENT
 LOAN PAYMENT CREDIT HISTORY FOR EMPLOYMENT PURPOSES;
   (B) AN EMPLOYER, OR AGENT THEREOF, THAT IS REQUIRED BY STATE OR FEDER-
 AL LAW OR BY  A  SELF-REGULATORY  ORGANIZATION  AS  DEFINED  IN  SECTION
 3(A)(26)  OF  THE  SECURITIES EXCHANGE ACT OF 1934, AS AMENDED TO USE AN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11048-02-5
              

 A. 7194--A                          2
 
 INDIVIDUAL'S  STUDENT  LOAN  PAYMENT  CREDIT  HISTORY   FOR   EMPLOYMENT
 PURPOSES;
   (C) PERSONS APPLYING FOR POSITIONS AS OR EMPLOYED AS PEACE OFFICERS OR
 POLICE  OFFICERS, AS SUCH TERMS ARE DEFINED IN SUBDIVISIONS THIRTY-THREE
 AND THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE  LAW,  RESPEC-
 TIVELY,  OR  IN A POSITION WITH A LAW ENFORCEMENT OR INVESTIGATIVE FUNC-
 TION IN A LAW ENFORCEMENT AGENCY;
   (D) PERSONS IN A POSITION  THAT  IS  SUBJECT  TO  BACKGROUND  INVESTI-
 GATION  BY A STATE AGENCY, PROVIDED, HOWEVER, THAT THE APPOINTING AGENCY
 MAY NOT USE STUDENT LOAN PAYMENT CREDIT HISTORY INFORMATION FOR  EMPLOY-
 MENT  PURPOSES  UNLESS  THE POSITION IS AN APPOINTED POSITION IN WHICH A
 HIGH DEGREE OF PUBLIC TRUST, AS DEFINED BY THE COMMISSION IN RULES,  HAS
 BEEN REPOSED;
   (E) PERSONS IN A POSITION IN WHICH AN EMPLOYEE IS REQUIRED TO BE BOND-
 ED UNDER STATE OR FEDERAL LAW;
   (F)  PERSONS IN A POSITION IN WHICH AN EMPLOYEE IS REQUIRED TO POSSESS
 SECURITY CLEARANCE UNDER FEDERAL LAW OR THE LAW OF ANY STATE;
   (G) PERSONS IN A NON-CLERICAL POSITION HAVING REGULAR ACCESS TO  TRADE
 SECRETS, INTELLIGENCE INFORMATION OR NATIONAL SECURITY INFORMATION;
   (H) PERSONS IN A POSITION:
   (I) HAVING SIGNATORY AUTHORITY OVER THIRD PARTY FUNDS OR ASSETS VALUED
 AT TEN THOUSAND DOLLARS OR MORE; OR
   (II) THAT INVOLVES A FIDUCIARY RESPONSIBILITY TO THE EMPLOYER WITH THE
 AUTHORITY  TO  ENTER FINANCIAL AGREEMENTS VALUED AT TEN THOUSAND DOLLARS
 OR MORE ON BEHALF OF THE EMPLOYER; OR
   (I) PERSONS IN A POSITION WITH REGULAR DUTIES THAT ALLOW THE  EMPLOYEE
 TO  MODIFY DIGITAL SECURITY SYSTEMS ESTABLISHED TO PREVENT THE UNAUTHOR-
 IZED USE OF THE EMPLOYER'S OR CLIENT'S NETWORKS OR DATABASES.
   3. AS USED IN THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE  FOLLOW-
 ING MEANINGS:
   (A) "INTELLIGENCE INFORMATION" MEANS RECORDS AND DATA COMPILED FOR THE
 PURPOSE OF CRIMINAL INVESTIGATION OR COUNTERTERRORISM, INCLUDING RECORDS
 AND  DATA  RELATING TO THE ORDER OR SECURITY OF A CORRECTIONAL FACILITY,
 REPORTS OF INFORMANTS, INVESTIGATORS OR OTHER PERSONS, OR FROM ANY  TYPE
 OF  SURVEILLANCE ASSOCIATED WITH AN IDENTIFIABLE INDIVIDUAL, OR INVESTI-
 GATION OR ANALYSIS OF POTENTIAL TERRORIST THREATS;
   (B) "NATIONAL SECURITY INFORMATION" MEANS ANY  KNOWLEDGE  RELATING  TO
 THE  NATIONAL DEFENSE OR FOREIGN RELATIONS OF THE UNITED STATES, REGARD-
 LESS OF ITS PHYSICAL FORM OR CHARACTERISTICS, THAT IS OWNED BY, PRODUCED
 BY OR FOR, OR IS UNDER THE CONTROL OF THE UNITED STATES  GOVERNMENT  AND
 IS  DEFINED AS SUCH BY THE UNITED STATES GOVERNMENT AND ITS AGENCIES AND
 DEPARTMENTS;
   (C) "STUDENT LOAN PAYMENT CREDIT HISTORY" SHALL MEAN  ANY  INFORMATION
 BEARING ON AN INDIVIDUAL'S CREDIT WORTHINESS, CREDIT STANDING, OR CREDIT
 CAPACITY,  INCLUDING,  BUT NOT LIMITED TO, AN INDIVIDUAL'S CREDIT SCORE,
 CREDIT ACCOUNT, AS IT  RELATES  TO  STUDENT  LOAN  PAYMENT  HISTORY  AND
 STUDENT  LOAN  REPAYMENT  STATUS  SUCH  AS BUT NOT LIMITED TO DEFERMENT,
 FORBEARANCE, DELINQUENCY, OR DEFAULT; AND
   (D) (I) "TRADE SECRETS" MEANS INFORMATION THAT: (A) DERIVES  INDEPEND-
 ENT  ECONOMIC VALUE, ACTUAL OR POTENTIAL, FROM NOT BEING GENERALLY KNOWN
 TO, AND NOT BEING READILY ASCERTAINABLE BY PROPER MEANS BY OTHER PERSONS
 WHO CAN OBTAIN ECONOMIC VALUE FROM ITS DISCLOSURE OR  USE;  (B)  IS  THE
 SUBJECT  OF EFFORTS THAT ARE REASONABLE UNDER THE CIRCUMSTANCES TO MAIN-
 TAIN ITS SECRECY; AND (C) CAN REASONABLY BE SAID TO BE THE  END  PRODUCT
 OF SIGNIFICANT INNOVATION.
 A. 7194--A                          3
 
   (II)  THE  TERM  "TRADE  SECRETS" DOES NOT INCLUDE GENERAL PROPRIETARY
 COMPANY INFORMATION SUCH AS HANDBOOKS AND POLICIES.  THE  TERM  "REGULAR
 ACCESS  TO  TRADE  SECRETS"  DOES  NOT  INCLUDE  ACCESS TO OR THE USE OF
 CLIENT, CUSTOMER OR MAILING LISTS.
   4.  NOTHING IN THIS SECTION SHALL PRECLUDE AN EMPLOYER FROM REQUESTING
 OR RECEIVING STUDENT LOAN PAYMENT CREDIT HISTORY INFORMATION PURSUANT TO
 A LAWFUL SUBPOENA, COURT ORDER OR LAW ENFORCEMENT INVESTIGATION.
   5. SUBDIVISION ONE OF THIS SECTION SHALL NOT BE  CONSTRUED  TO  AFFECT
 THE  OBLIGATIONS  OF  PERSONS REQUIRED BY STATE OR LOCAL LAW RELATING TO
 DISCLOSURES BY PUBLIC EMPLOYEES OF CONFLICTS OF INTEREST.
   6. (A) EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, IT  SHALL  BE  AN
 UNLAWFUL  DISCRIMINATORY  PRACTICE  FOR ANY STATE OR MUNICIPAL AGENCY TO
 REQUEST  OR  USE  FOR  LICENSING  OR  PERMITTING  PURPOSES   INFORMATION
 CONTAINED  IN  THE  STUDENT LOAN PAYMENT CREDIT HISTORY OF AN APPLICANT,
 LICENSEE OR PERMITTEE FOR LICENSING OR PERMITTING PURPOSES.
   (B) PARAGRAPH (A) OF THIS SUBDIVISION SHALL NOT  APPLY  TO  AN  AGENCY
 REQUIRED  BY  STATE  OR  FEDERAL LAW TO USE AN INDIVIDUAL'S STUDENT LOAN
 PAYMENT CREDIT HISTORY FOR LICENSING OR PERMITTING PURPOSES.
   (C) PARAGRAPH (A) OF THIS SUBDIVISION SHALL NOT BE CONSTRUED TO AFFECT
 THE ABILITY OF AN AGENCY TO CONSIDER AN APPLICANT'S, LICENSEE'S,  REGIS-
 TRANT'S  OR PERMITTEE'S FAILURE TO PAY ANY TAX, FINE, PENALTY OR FEE FOR
 WHICH LIABILITY HAS BEEN ADMITTED BY THE PERSON LIABLE THEREFOR, OR  FOR
 WHICH JUDGMENT HAS BEEN ENTERED BY A COURT OR ADMINISTRATIVE TRIBUNAL OF
 COMPETENT  JURISDICTION,  OR  ANY  TAX FOR WHICH A GOVERNMENT AGENCY HAS
 ISSUED A WARRANT, OR A LIEN OR LEVY ON PROPERTY.
   (D) NOTHING IN THIS SUBDIVISION SHALL PRECLUDE A LICENSING AGENCY FROM
 REQUESTING, RECEIVING, OR USING  STUDENT  LOAN  PAYMENT  CREDIT  HISTORY
 INFORMATION  OBTAINED  PURSUANT  TO  A  LAWFUL  SUBPOENA, COURT ORDER OR
 SPECIFIC LAW ENFORCEMENT INVESTIGATION.
   7. THIS SECTION DOES NOT ANNUL, ALTER, AFFECT OR EXEMPT ANY  EMPLOYER,
 LABOR  ORGANIZATION,  EMPLOYMENT  AGENCY OR ANY AGENT THEREOF SUBJECT TO
 THE PROVISIONS OF THIS SECTION FROM COMPLYING WITH ANY LOCAL LAW,  ORDI-
 NANCE  OR  REGULATION  WITH  RESPECT  TO THE USE OF STUDENT LOAN PAYMENT
 CREDIT HISTORY FOR EMPLOYMENT PURPOSES EXCEPT TO THE EXTENT  THAT  THOSE
 LAWS  ARE INCONSISTENT WITH ANY PROVISION OF THIS SECTION, AND THEN ONLY
 TO THE EXTENT OF SUCH INCONSISTENCY. FOR PURPOSES OF THIS SUBDIVISION, A
 LOCAL LAW, ORDINANCE OR REGULATION IS NOT INCONSISTENT WITH THIS SECTION
 IF THE PROTECTION OF SUCH LAW OR REGULATION AFFORDS AN EMPLOYEE  OR  JOB
 APPLICANT IS GREATER THAN THE PROTECTION PROVIDED BY THIS SECTION.
   § 2. This act shall take effect immediately.