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S4483Senate2015-2016 SessionSame asA6405

Relates to prohibiting the use of credit history checks in certain cases

Sponsor Jack M. MartinsSD-7Affects Economy
Status
In Senate Committee
Labor
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Labor

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Sponsors

Primary sponsor
Jack M. Martins

Senator · Senate District 7

Chair, Labor

No co-sponsors yet.

History

  1. Referred to labor
  2. Committed to rules
  3. Amended on third reading 4483a
  4. Advanced to third reading
  5. 2nd report cal.
  6. 1st report cal.428
  7. Referred to labor

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A6405Assembly

Relates to prohibiting the use of credit history checks in certain cases

In Assembly Committee · Labor · Sponsor Latoya Joyner

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's 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.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.