Assembly Bill A5310A

2017-2018 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - On Floor Calendar


  • 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

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

Bill Amendments

co-Sponsors

multi-Sponsors

2017-A5310 - Details

See Senate Version of this Bill:
S5653
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: A2372, S1545
2019-2020: A2611, S2884, S3124
2021-2022: A1161, A6388, S2631
2023-2024: A779, S1731

2017-A5310 - Summary

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

2017-A5310 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5310
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 7, 2017
                                ___________
 
 Introduced  by  M. of A. DINOWITZ, ROSENTHAL, CRESPO, SKOUFIS, BUCHWALD,
   WEPRIN, M. G. MILLER, RODRIGUEZ, OTIS, ABINANTI, SEAWRIGHT, HARRIS  --
   Multi-Sponsored  by -- M. of A. HIKIND, JAFFEE, PERRY, SOLAGES -- read
   once and referred to the Committee on Consumer Affairs and Protection
 
 AN ACT to amend the general business law and the labor law, in  relation
   to the use of consumer credit reports for employment decisions
 
   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".
   §  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-V 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.
   §  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:
   § 380-m. Civil liability for  negligent  noncompliance.  Any  consumer
 reporting  agency  or  user  of information who or which is negligent in

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

co-Sponsors

multi-Sponsors

2017-A5310A (ACTIVE) - Details

See Senate Version of this Bill:
S5653
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: A2372, S1545
2019-2020: A2611, S2884, S3124
2021-2022: A1161, A6388, S2631
2023-2024: A779, S1731

2017-A5310A (ACTIVE) - Summary

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

2017-A5310A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5310--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 7, 2017
                                ___________
 
 Introduced  by  M. of A. DINOWITZ, ROSENTHAL, CRESPO, SKOUFIS, BUCHWALD,
   WEPRIN, M. G. MILLER, RODRIGUEZ, OTIS, ABINANTI, SEAWRIGHT, HARRIS  --
   Multi-Sponsored  by -- M. of A. HIKIND, JAFFEE, PERRY, SOLAGES -- read
   once and referred to the Committee on Consumer Affairs and  Protection
   --  reported  and  referred  to the Committee on Codes -- reported and
   referred to the Committee on Rules -- Rules Committee discharged, bill
   amended, ordered reprinted as amended and recommitted to the Committee
   on Rules
 
 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.
                                                            LBD03783-08-7
              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. 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.

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