Full Text of HB4658 96th General Assembly
HB4658ham001 96TH GENERAL ASSEMBLY
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Judiciary I - Civil Law Committee
Filed: 3/3/2010
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| AMENDMENT TO HOUSE BILL 4658
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| AMENDMENT NO. ______. Amend House Bill 4658 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 1. Short title. This Act may be cited as the | 5 |
| Employee Credit Privacy Act. | 6 |
| Section 5. Definitions. As used in this Act: | 7 |
| "Credit score" means a numerical value or a categorization | 8 |
| derived from a statistical tool or modeling system used by a | 9 |
| person who makes or arranges a loan to predict the likelihood | 10 |
| of certain credit behaviors, including default (and the | 11 |
| numerical value or the categorization derived from such | 12 |
| analysis may also be referred to as a "risk predictor" or "risk | 13 |
| score"). "Credit score" does not include either of the | 14 |
| following: | 15 |
| (1) Any mortgage score or rating of an automated | 16 |
| underwriting system that considers one or more factors in |
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| addition to credit information, including the loan to value | 2 |
| ratio, the amount of down payment, or the financial assets | 3 |
| of a consumer. | 4 |
| (2) Any other elements of the underwriting process or | 5 |
| underwriting decision.
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| "Employee" means an individual who receives compensation | 7 |
| for performing services for an employer under an express or | 8 |
| implied contract of hire. | 9 |
| "Employer" means an individual or entity that permits one | 10 |
| or more individuals to work or that accepts applications for | 11 |
| employment or is an agent of an employer. "Employer" does not, | 12 |
| however, include: | 13 |
| (1) Any bank holding company, financial holding | 14 |
| company, bank, savings bank, savings and loan association, | 15 |
| credit union, or trust company, or any subsidiary or | 16 |
| affiliate thereof, that is authorized to do business under | 17 |
| the laws of this State or of the United States. | 18 |
| (2) Any State law enforcement or investigative unit, | 19 |
| including, without limitation, any such unit within the | 20 |
| Office of any Executive Inspector General, the Department | 21 |
| of State Police, the Department of Corrections, the | 22 |
| Department of Juvenile Justice, or the Department of | 23 |
| Natural Resources.
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| (3) Any State or local government agency which | 25 |
| otherwise requires use of the employee's or applicant's | 26 |
| credit score. |
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| Section 10. Employment based on credit score not permitted. | 2 |
| (a) Except as provided in this Section, an employer shall | 3 |
| not do either of the following: | 4 |
| (1) Fail or refuse to hire or recruit, discharge, or | 5 |
| otherwise discriminate against an individual with respect | 6 |
| to employment, compensation, or a term, condition, or | 7 |
| privilege of employment because of the individual's credit | 8 |
| score. | 9 |
| (2) Inquire about an applicant's or employee's credit | 10 |
| score. | 11 |
| (b) The prohibition in subsection (a) of this Section does | 12 |
| not prevent an inquiry or employment action if a good credit | 13 |
| score is an established bona fide occupational requirement of a | 14 |
| particular position or a particular group of an employer's | 15 |
| employees. Information concerning an individual's credit score | 16 |
| is not a bona fide occupational requirement unless at least one | 17 |
| of the following circumstances is present: | 18 |
| (1) State or federal law requires bonding or other | 19 |
| security covering an individual holding the position. | 20 |
| (2) The duties of the position include custody of or | 21 |
| unsupervised access to cash or marketable assets valued at | 22 |
| $1,000 or more. | 23 |
| (3) The duties of the position include signatory power | 24 |
| over business assets of $100 or more per transaction. | 25 |
| (4) The position meets criteria in administrative |
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| rules that the Department of Labor has promulgated to | 2 |
| establish the circumstances in which credit score | 3 |
| information is a bona fide occupational requirement.
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| (5) The employee's or applicant's credit score is | 5 |
| otherwise required by federal or State law. | 6 |
| Section 15. Retaliatory or discriminatory acts. A person | 7 |
| shall not retaliate or discriminate against a person because | 8 |
| the person has done or was about to do any of the following: | 9 |
| (1) File a complaint under this Act. | 10 |
| (2) Testify, assist, or participate in an | 11 |
| investigation, proceeding, or action concerning a | 12 |
| violation of this Act. | 13 |
| (3) Oppose a violation of this Act.
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| Section 20. Waiver. An employer shall not require an | 15 |
| applicant or employee to waive any right under this Act. An | 16 |
| agreement by an applicant or employee to waive any right under | 17 |
| this Act is invalid and unenforceable. | 18 |
| Section 25. Remedies. | 19 |
| (a) A person who is injured by a violation of this Act may | 20 |
| bring a civil action in circuit court to obtain injunctive | 21 |
| relief or damages, or both. | 22 |
| (b) The court shall award costs and reasonable attorney's | 23 |
| fees to a person who prevails as a plaintiff in an action |
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| authorized under subsection (a) of this Section.".
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