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 
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everything after the enacting clause with the following:



 
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    "Section 1. Short title. This Act may be cited as the 
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Employee Credit Privacy Act.
 
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    Section 5. Definitions. As used in this Act:
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    "Credit score" means a numerical value or a categorization 
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derived from a statistical tool or modeling system used by a 
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person who makes or arranges a loan to predict the likelihood 
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of certain credit behaviors, including default (and the 
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numerical value or the categorization derived from such 
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analysis may also be referred to as a "risk predictor" or "risk 
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score"). "Credit score" does not include either of the 
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following:
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        (1) Any mortgage score or rating of an automated 
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    underwriting system that considers one or more factors in 
 


 






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    addition to credit information, including the loan to value 
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    ratio, the amount of down payment, or the financial assets 
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    of a consumer.
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        (2) Any other elements of the underwriting process or 
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    underwriting decision.

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    "Employee" means an individual who receives compensation 
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for performing services for an employer under an express or 
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implied contract of hire.
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    "Employer" means an individual or entity that permits one 
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or more individuals to work or that accepts applications for 
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employment or is an agent of an employer. "Employer" does not, 
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however, include:
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        (1) Any bank holding company, financial holding 
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    company, bank, savings bank, savings and loan association, 
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    credit union, or trust company, or any subsidiary or 
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    affiliate thereof, that is authorized to do business under 
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    the laws of this State or of the United States.
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        (2) Any State law enforcement or investigative unit, 
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    including, without limitation, any such unit within the 
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    Office of any Executive Inspector General, the Department 
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    of State Police, the Department of Corrections, the 
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    Department of Juvenile Justice,  or the Department of 
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    Natural Resources.


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        (3) Any State or local government agency which 
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    otherwise requires use of the employee's or applicant's 
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    credit score.
 
 


 






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    Section 10. Employment based on credit score not permitted. 
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    (a) Except as provided in this Section, an employer shall 
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not do either of the following:
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        (1) Fail or refuse to hire or recruit, discharge, or 
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    otherwise discriminate against an individual with respect 
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    to employment, compensation, or a term, condition, or 
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    privilege of employment because of the individual's credit 
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    score.
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        (2) Inquire about an applicant's or employee's credit 
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    score.
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    (b) The prohibition in subsection (a) of this Section does 
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not prevent an inquiry or employment action if a good credit 
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score is an established bona fide occupational requirement of a 
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particular position or a particular group of an employer's 
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employees. Information concerning an individual's credit score 
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is not a bona fide occupational requirement unless at least one 
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of the following circumstances is present:
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        (1) State or federal law requires bonding or other 
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    security covering an individual holding the position.
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        (2) The duties of the position include custody of or 
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    unsupervised access to cash or marketable assets valued at 
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    $1,000 or more.
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        (3) The duties of the position include signatory power 
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    over business assets of $100 or more per transaction.
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        (4) The position meets criteria in administrative 
 


 






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    rules that the Department of Labor has promulgated to 
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    establish the circumstances in which credit score 
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    information is a bona fide occupational requirement.

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        (5) The employee's or applicant's credit score is 
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    otherwise required by federal or State law.
 
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    Section 15. Retaliatory or discriminatory acts.  A person 
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shall not retaliate or discriminate against a person because 
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the person has done or was about to do any of the following:
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        (1) File a complaint under this Act.
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        (2) Testify, assist, or participate in an 
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    investigation, proceeding, or action concerning a 
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    violation of this Act.
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        (3) Oppose a violation of this Act.

 
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    Section 20. Waiver.  An employer shall not require an 
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applicant or employee to waive any right under this Act. An 
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agreement by an applicant or employee to waive any right under 
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this Act is invalid and unenforceable.
 
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    Section 25. Remedies.  
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    (a) A person who is injured by a violation of this Act may 
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bring a civil action in circuit court to obtain injunctive 
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relief or damages, or both.
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    (b) The court shall award costs and reasonable attorney's 
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fees to a person who prevails as a plaintiff in an action 
 


 






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authorized under subsection (a) of this Section.".