Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Mar 25, 2010 |
referred to consumer affairs and protection |
Assembly Bill A10433
2009-2010 Legislative Session
Sponsored By
SKARTADOS
Archive: Last Bill Status - In Assembly 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
Actions
2009-A10433 (ACTIVE) - Details
2009-A10433 (ACTIVE) - Sponsor Memo
BILL NUMBER:A10433 TITLE OF BILL: An act to amend the general business law, in relation to limiting an employer's access to consumer credit reports in connection with employment applications PURPOSE: No employer shall request a consumer credit report or a consumer report, other than an investigative consumer report, in connection with an application for employment unless the position for which the application is applying or interviewing entails direct access to funds or negotiable instruments or directly involves financial over- sight or responsibility, or is otherwise required by law. SUMMARY OF PROVISIONS: Amends section 380 b&d of general business law JUSTIFICATION: Intent of the law to limit an employer's access to certain consumer credit reports in connection with employment, so that those persons whose credit has been negatively affected by the current economic climate may be eligible for jobs. This change to the law will exclude those jobs that involve access to funds or negotiable instru- ments or directly involves financial oversight or responsibility. LEGISLATIVE HISTORY: None FISCAL IMPLICATIONS:; None
2009-A10433 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 10433 I N A S S E M B L Y March 25, 2010 ___________ Introduced by M. of A. SKARTADOS -- read once and referred to the Committee on Consumer Affairs and Protection AN ACT to amend the general business law, in relation to limiting an employer's access to consumer credit reports in connection with employment applications THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. 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 IN ACCORDANCE WITH THE PROVISIONS OF SUBDIVISION (E) OF THIS SECTION, 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. S 2. Section 380-b of the general business law is amended by adding a new subdivision (e) to read as follows: (E) NO PERSON SHALL REQUEST A CONSUMER CREDIT REPORT OR A CONSUMER REPORT, OTHER THAN AN INVESTIGATIVE CONSUMER REPORT, IN CONNECTION WITH AN APPLICATION FOR EMPLOYMENT UNLESS THE POSITION FOR WHICH THE APPLI- CANT IS APPLYING OR INTERVIEWING ENTAILS DIRECT ACCESS TO FUNDS OR NEGO- TIABLE INSTRUMENTS OR DIRECTLY INVOLVES FINANCIAL OVERSIGHT OR RESPONSI- BILITY, OR IS OTHERWISE REQUIRED BY LAW. S 3. Subdivision (d) of section 380-c of the general business law, as added by chapter 867 of the laws of 1977, is amended to read as follows: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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