Assembly Bill A5693

2021-2022 Legislative Session

Prohibits the use of credit history checks in certain cases

download bill text pdf

Sponsored By

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

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

2021-A5693 (ACTIVE) - Details

Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Add §219-d, Lab L
Versions Introduced in Other Legislative Sessions:
2015-2016: A6405
2017-2018: A2956
2019-2020: A2149
2023-2024: A788, A8997

2021-A5693 (ACTIVE) - Summary

Prohibits 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.

2021-A5693 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5693
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 24, 2021
                                ___________
 
 Introduced by M. of A. JOYNER -- read once and referred 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:
   § 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 EMPLOYMENT 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.
   § 2. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03610-01-1

              

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.