Judiciary I - Civil Law Committee
Filed: 3/3/2010
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| 1 | AMENDMENT TO HOUSE BILL 4658
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| 2 | AMENDMENT NO. ______. Amend House Bill 4658 by replacing | ||||||
| 3 | everything after the enacting clause with the following:
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| 4 | "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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| 1 | 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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| 6 | "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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| 24 | (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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| 1 | 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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| 1 | 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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| 4 | (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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| 14 | 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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| 1 | authorized under subsection (a) of this Section.".
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