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