Bill Status of HB 4658   96th General Assembly

Short Description:  EMPLOYEE CREDIT PRIVACY

House Sponsors
Rep. Jack D. Franks-Keith Farnham-Fred Crespo-Chapin Rose, Linda Chapa LaVia, Cynthia Soto, Luis Arroyo, Michael J. Zalewski, Mark L. Walker, Michael K. Smith, Jehan A. Gordon, Emily McAsey, Rosemary Mulligan, Greg Harris, Carol A. Sente, Naomi D. Jakobsson and Karen May

Senate Sponsors
(Sen. Don Harmon-Emil Jones, III-M. Maggie Crotty-Pamela J. Althoff-Jacqueline Y. Collins, Jeffrey M. Schoenberg, Michael Noland and Donne E. Trotter)


Last Action  View All Actions

DateChamber Action
  8/10/2010HousePublic Act . . . . . . . . . 96-1426

Statutes Amended In Order of Appearance
New Act

Synopsis As Introduced
Creates the Employee Credit Privacy Act. Prohibits employers from inquiring about or using an employee's or prospective employee's credit history as a basis for employment, recruitment, discharge, or compensation with some exceptions. Prohibits an employer from retaliating or discriminating against a person who files a complaint under the Act, participates in an investigation, proceeding, or action concerning a violation of the Act, or opposes a violation of the Act. Contains provisions concerning waiver and remedies.

House Committee Amendment No. 1
Replaces everything after the enacting clause. Reinserts provisions substantially similar to those of the bill as introduced, creating the Employee Credit Privacy Act, but with changes that include the following: (1) changes references to "credit history" to "credit score", and defines "credit score"; (2) provides that "employer" does not include (i) any bank holding company, financial holding company, bank, savings bank, savings and loan association, credit union, or trust company, or any subsidiary or affiliate thereof, that is authorized to do business under the laws of this State or of the United States, (ii) any State law enforcement or investigative unit, including, without limitation, any such unit within the Office of any Executive Inspector General, the Department of State Police, the Department of Corrections, the Department of Juvenile Justice, or the Department of Natural Resources, or (iii) any State or local government agency which otherwise requires use of the employee's or applicant's credit score; and (3) provides that information concerning an individual's credit score is a bona fide occupational requirement if the employee's or applicant's credit score is otherwise required by federal or State law.

House Floor Amendment No. 2
Deletes the definition of "credit score" and replaces references to "credit score" with references to "credit history".

Senate Committee Amendment No. 1
Replaces everything after the enacting clause. Reinserts similar provisions, but with the following changes: Expands the definition of "employer" to include any company authorized to engage in any kind of insurance or surety business pursuant to the Illinois Insurance Code, including any employee, agent, or employee of an agent acting on behalf of a company engaged in the insurance or surety business, and any entity that is defined as a debt collector under federal or State statute. Defines the following terms: "credit history", "credit report", "financial information", "marketable assets", "personal or confidential information", "State or national security", and "trade secrets". Provides that information concerning an individual's credit history is not a bona fide occupational requirement unless the duties of the position include custody of or unsupervised access to cash or marketable assets valued at $2,500 or more (rather than $1,000 or more); the position is a managerial position which involves setting the direction or control of the business; the position involves access to personal or confidential information, financial information, trade secrets, or State or national security information; the position meets criteria in administrative rules, if any, that the U.S. Department of Labor or the Illinois Department of Labor (rather than the Department of Labor) has promulgated to establish the circumstances in which a credit history is a bona fide occupational requirement; or the employee's or applicant's credit history is otherwise required by or exempt under (rather than required by) federal or State law. Permits employers to conduct a thorough background investigation, which may include obtaining a report without information on credit history or an investigative report without information on credit history, or both, as permitted under the Fair Credit Reporting Act, provided the information is used for employment purposes only.

Senate Floor Amendment No. 2
Redefines "financial information" to mean non-public information (rather than information) on the overall financial direction of an organization, including, but not limited to, company taxes or profit and loss reports.

Actions 
DateChamber Action
  10/16/2009HouseFiled with the Clerk by Rep. Jack D. Franks
  10/21/2009HouseFirst Reading
  10/21/2009HouseReferred to Rules Committee
  1/27/2010HouseAssigned to Judiciary I - Civil Law Committee
  3/2/2010HouseAdded Co-Sponsor Rep. Fred Crespo
  3/2/2010HouseAdded Co-Sponsor Rep. Linda Chapa LaVia
  3/2/2010HouseAdded Co-Sponsor Rep. Keith Farnham
  3/2/2010HouseAdded Co-Sponsor Rep. Cynthia Soto
  3/3/2010HouseHouse Committee Amendment No. 1 Filed with Clerk by Judiciary I - Civil Law Committee
  3/3/2010HouseHouse Committee Amendment No. 1 Adopted in Judiciary I - Civil Law Committee; by Voice Vote
  3/3/2010HouseDo Pass as Amended / Short Debate Judiciary I - Civil Law Committee; 014-000-000
  3/3/2010HousePlaced on Calendar 2nd Reading - Short Debate
  3/4/2010HouseAdded Co-Sponsor Rep. Luis Arroyo
  3/4/2010HouseAdded Co-Sponsor Rep. Chapin Rose
  3/4/2010HouseAdded Co-Sponsor Rep. Michael J. Zalewski
  3/9/2010HouseAdded Chief Co-Sponsor Rep. Keith Farnham
  3/9/2010HouseRemoved Co-Sponsor Rep. Keith Farnham
  3/9/2010HouseAdded Chief Co-Sponsor Rep. Fred Crespo
  3/9/2010HouseRemoved Co-Sponsor Rep. Fred Crespo
  3/9/2010HouseAdded Co-Sponsor Rep. Mark L. Walker
  3/11/2010HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Jack D. Franks
  3/11/2010HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  3/15/2010HouseHouse Floor Amendment No. 2 Rules Refers to Rules Committee
  3/15/2010HouseHouse Floor Amendment No. 2 Rules Refers to Judiciary I - Civil Law Committee
  3/17/2010HouseAdded Co-Sponsor Rep. Michael K. Smith
  3/17/2010HouseAdded Co-Sponsor Rep. Jehan A. Gordon
  3/18/2010HouseAdded Co-Sponsor Rep. Emily McAsey
  3/23/2010HouseHouse Floor Amendment No. 2 Recommends Be Adopted Judiciary I - Civil Law Committee; 014-001-000
  3/23/2010HouseAdded Chief Co-Sponsor Rep. Chapin Rose
  3/23/2010HouseRemoved Co-Sponsor Rep. Chapin Rose
  3/23/2010HouseSecond Reading - Short Debate
  3/23/2010HouseHouse Floor Amendment No. 2 Adopted by Voice Vote
  3/23/2010HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/25/2010HouseAdded Co-Sponsor Rep. Rosemary Mulligan
  3/25/2010HouseAdded Co-Sponsor Rep. Greg Harris
  3/25/2010HouseAdded Co-Sponsor Rep. Carol A. Sente
  3/25/2010HouseAdded Co-Sponsor Rep. Naomi D. Jakobsson
  3/25/2010HouseAdded Co-Sponsor Rep. Karen May
  3/25/2010HouseThird Reading - Short Debate - Passed 089-024-000
  4/6/2010SenateArrive in Senate
  4/6/2010SenatePlaced on Calendar Order of First Reading
  4/6/2010SenateChief Senate Sponsor Sen. Don Harmon
  4/6/2010SenateFirst Reading
  4/6/2010SenateReferred to Assignments
  4/6/2010SenateAssigned to Labor
  4/15/2010SenateAdded as Alternate Chief Co-Sponsor Sen. Emil Jones, III
  4/20/2010SenateHeld in Labor
  4/20/2010SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Don Harmon
  4/20/2010SenateSenate Committee Amendment No. 1 Referred to Assignments
  4/21/2010SenateSenate Committee Amendment No. 1 Assignments Refers to Labor
  4/22/2010SenateSenate Committee Amendment No. 1 Adopted
  4/22/2010SenateDo Pass as Amended Labor; 009-000-000
  4/22/2010SenatePlaced on Calendar Order of 2nd Reading April 23, 2010
  4/23/2010SenateSecond Reading
  4/23/2010SenatePlaced on Calendar Order of 3rd Reading April 27, 2010
  4/23/2010SenateAdded as Alternate Chief Co-Sponsor Sen. M. Maggie Crotty
  4/23/2010SenateAdded as Alternate Chief Co-Sponsor Sen. Pamela J. Althoff
  4/28/2010SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. Don Harmon
  4/28/2010SenateSenate Floor Amendment No. 2 Referred to Assignments
  4/28/2010SenateSenate Floor Amendment No. 2 Assignments Refers to Labor
  4/29/2010SenateSenate Floor Amendment No. 2 Recommend Do Adopt Labor; 008-000-000
  4/29/2010SenateAdded as Alternate Chief Co-Sponsor Sen. Jacqueline Y. Collins
  5/4/2010SenateAdded as Alternate Co-Sponsor Sen. Jeffrey M. Schoenberg
  5/4/2010SenateAdded as Alternate Co-Sponsor Sen. Michael Noland
  5/4/2010SenateAdded as Alternate Co-Sponsor Sen. Donne E. Trotter
  5/4/2010SenateRecalled to Second Reading
  5/4/2010SenateSenate Floor Amendment No. 2 Adopted; Harmon
  5/4/2010SenatePlaced on Calendar Order of 3rd Reading
  5/4/2010SenateThird Reading - Passed; 041-012-000
  5/4/2010HouseArrived in House
  5/4/2010HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1, 2
  5/4/2010HouseSenate Committee Amendment No. 1 Motion Filed Concur Rep. Jack D. Franks
  5/4/2010HouseSenate Floor Amendment No. 2 Motion Filed Concur Rep. Jack D. Franks
  5/4/2010HouseSenate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee
  5/4/2010HouseSenate Floor Amendment No. 2 Motion to Concur Referred to Rules Committee
  5/6/2010HouseSenate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Rules Committee; 004-000-000
  5/6/2010HouseSenate Floor Amendment No. 2 Motion to Concur Recommends Be Adopted Rules Committee; 004-000-000
  5/26/2010HouseSenate Committee Amendment No. 1 House Concurs 101-010-000
  5/26/2010HouseSenate Floor Amendment No. 2 House Concurs 101-010-000
  5/26/2010HousePassed Both Houses
  6/24/2010HouseSent to the Governor
  8/10/2010HouseGovernor Approved
  8/10/2010HouseEffective Date January 1, 2011
  8/10/2010HousePublic Act . . . . . . . . . 96-1426

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