NY State Senate Bill 2015-S4483A

Archive: Last Bill Status - In Senate Committee Labor Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to labor
Jun 25, 2015	committed to rules
May 04, 2015	amended on third reading 4483a
Apr 29, 2015	advanced to third reading
Apr 28, 2015	2nd report cal.
Apr 27, 2015	1st report cal.428
Mar 24, 2015	referred to labor

Votes

- Apr 27, 2015 - Labor Committee Vote
  S4483A
  
  12
  
  Aye
  
  0
  
  Nay
  
  4
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Labor Committee Vote: Apr 27, 2015
      
      aye (12)
      
      Addabbo Jr.
      
      Dilan
      
      Gallivan
      
      Marcellino
      
      Martins
      
      Murphy
      
      Peralta
      
      Perkins
      
      Rivera
      
      Sanders Jr.
      
      Savino
      
      Venditto
      
      aye wr (4)
      
      DeFrancisco
      
      Hannon
      
      Marchione
      
      Robach

Bill Amendments

Original

A (Active)

2015-S4483 - Details

See Assembly Version of this Bill:: A6405
Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Add §219-d, Lab L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A2956
2019-2020: A2149
2021-2022: A5693
2023-2024: A788, A8997

2015-S4483 - Summary

Relates to prohibiting the use of credit history checks to ascertain the payment status of a student loan of an applicant for employment for the purposes of making hiring decisions except where otherwise mandated by law.

2015-S4483 - Sponsor Memo

                                 BILL NUMBER:  S4483

 TITLE OF BILL :

An act to amend the labor law, in relation to prohibiting student loan
payment history checks in making employment decisions

 PURPOSE :

This bill protects individual privacy by providing that an employer's
request for student loan payment history for the purposes of
employment is an unlawful discriminatory practice

 SUMMARY OF PROVISIONS :

Section one amends the labor law by adding a new section 219-d to
provide that except in cases mandated by law, it shall be an unlawful
discriminatory practice for an employer to request or use for
employment purposes information contained in the consumer credit
history the payment status of a student loan of an applicant for
employment or otherwise discriminate against such applicant with
regard to hiring decisions.

Section two defines consumer credit history to 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 and other consumer account balances, and payment
history.

Section three sets an immediate effective date

 JUSTIFICATION :

As tuition costs continue to rise, student loans play an integral role
in a student's ability to fund their college and graduate education.
Without such mechanisms, students would be unable to obtain an
education to succeed in a competitive job market. The fact that
students take advantage of student loans should not be used against
them. This bill will protect a prospective employee's right to privacy
as to the status on their student loan payments.  Specifically, this
bill provides that an employer's request for the payment status of an
applicant's student loan payment is an unlawful discriminatory
practice. By prohibiting such practice, applicants will be rewarded
based on the education they have received, not the cost they bore to
obtain it.

 LEGISLATIVE HISTORY :

This is a new bill.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately.

2015-S4483 - Bill Text download pdf

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

                                  4483

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 24, 2015
                               ___________

Introduced  by  Sen. MARTINS -- read twice and ordered printed, and when
  printed to be committed 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-d  to
read as follows:
  S  219-D. STUDENT LOAN PAYMENT HISTORY; EMPLOYMENT. 1. EXCEPT 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  APPLI-
CANT 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.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09450-01-5

2015-S4483A (ACTIVE) - Details

See Assembly Version of this Bill:: A6405
Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Add §219-d, Lab L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A2956
2019-2020: A2149
2021-2022: A5693
2023-2024: A788, A8997

2015-S4483A (ACTIVE) - Summary

2015-S4483A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4483A

TITLE OF BILL:

An  act  to amend the labor law, in relation to prohibiting student loan
payment history checks in making employment decisions

PURPOSE:

This bill protects individual privacy by providing  that  an  employer's
request  for student loan payment history for the purposes of employment
is an unlawful discriminatory practice

SUMMARY OF PROVISIONS:

Section one amends the labor law  by  adding  a  new  section  219-d  to
provide  that  except  in cases mandated by law, it shall be an unlawful
discriminatory practice for an employer to request or use for employment
purposes information  contained  in  the  consumer  credit  history  the
payment  status  of  a  student  loan  of an applicant for employment or
otherwise discriminate against such  applicant  with  regard  to  hiring
decisions.

Section  two  defines  consumer  credit  history to 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 and other consumer account balances, and payment history.

Section  three  provides an exception for employers required by state or
federal law or regulations or  by  a  self-regulatory  organization,  as
defined  in  paragraph twenty-six of subdivision (a) of section three of
the securities exchange act of 1934.

Section four sets an immediate effective date

JUSTIFICATION:

As tuition costs continue to rise, student loans play an  integral  role
in  a  student's  ability  to fund their college and graduate education.
Without such mechanisms, students would be unable to obtain an education
to succeed in a competitive job market.  The  fact  that  students  take
advantage  of  student  loans should not be used against them. This bill
will protect a prospective employee's right to privacy as to the  status
on  their  student loan payments.  Specifically, this bill provides that
an employer's request for the payment status of an  applicant's  student
loan payment is an unlawful discriminatory practice. By prohibiting such
practice,  applicants  will be rewarded based on the education they have
received, not the cost they bore to obtain it.

LEGISLATIVE HISTORY:

This is a new bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.

2015-S4483A (ACTIVE) - Bill Text download pdf

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

                                 4483--A
    Cal. No. 428

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 24, 2015
                               ___________

Introduced  by  Sen. MARTINS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Labor -- reported  favora-
  bly  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 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-d  to
read as follows:
  S  219-D.  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  EMPLOY-
MENT  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.
  S 2. This act shall take effect immediately.

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

                                                           LBD09450-02-5

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Senate Bill S4483A

Sponsored By

Archive: Last Bill Status - In Senate Committee Labor Committee

Apr 27, 2015 - Labor Committee Vote

Labor Committee Vote: Apr 27, 2015

Bill Amendments

2015-S4483 - Details

2015-S4483 - Summary

2015-S4483 - Sponsor Memo

2015-S4483 - Bill Text download pdf

2015-S4483A (ACTIVE) - Details

2015-S4483A (ACTIVE) - Summary

2015-S4483A (ACTIVE) - Sponsor Memo

2015-S4483A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4483A

Share this bill

Sponsored By

Jack M. Martins

Archive: Last Bill Status - In Senate Committee Labor Committee

Bill Amendments

2015-S4483 - Details

2015-S4483 - Summary

2015-S4483 - Sponsor Memo

2015-S4483 - Bill Text download pdf

2015-S4483A (ACTIVE) - Details

2015-S4483A (ACTIVE) - Summary

2015-S4483A (ACTIVE) - Sponsor Memo

2015-S4483A (ACTIVE) - Bill Text download pdf

Comments