Full Text of SB0319 100th General Assembly
SB0319sam001 100TH GENERAL ASSEMBLY | Sen. Don Harmon Filed: 4/13/2017
| | 10000SB0319sam001 | | LRB100 05104 JLS 24928 a |
|
| 1 | | AMENDMENT TO SENATE BILL 319
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 319 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Employee Credit Privacy Act is amended by | 5 | | changing Sections 5 and 10 as follows: | 6 | | (820 ILCS 70/5)
| 7 | | Sec. 5. Definitions. As used in this Act: | 8 | | "Bank" means any bank holding company, financial holding | 9 | | company, bank, savings bank, savings and loan association, | 10 | | credit union, or trust company, or any subsidiary or affiliate | 11 | | thereof, that is authorized to do business under the laws of | 12 | | this State or of the United States. | 13 | | "Credit history" means an individual's past borrowing and | 14 | | repaying behavior, including paying bills on time and managing | 15 | | debt and other financial obligations. | 16 | | "Credit report" means any written or other communication of |
| | | 10000SB0319sam001 | - 2 - | LRB100 05104 JLS 24928 a |
|
| 1 | | any information by a consumer reporting agency that bears on a | 2 | | consumer's creditworthiness, credit standing, credit capacity, | 3 | | or credit history. | 4 | | "Employee" means an individual who receives compensation | 5 | | for performing services for an employer under an express or | 6 | | implied contract of hire. | 7 | | "Employer" means an individual or entity that permits one | 8 | | or more individuals to work or that accepts applications for | 9 | | employment or is an agent of an employer. "Employer" does not, | 10 | | however, include: | 11 | | (1) Any bank holding company, financial holding | 12 | | company, bank, savings bank, savings and loan association, | 13 | | credit union, or trust company, or any subsidiary or | 14 | | affiliate thereof, that is authorized to do business under | 15 | | the laws of this State or of the United States. | 16 | | (2) Any company authorized to engage in any kind of | 17 | | insurance or surety business pursuant to the Illinois | 18 | | Insurance Code, including any employee, agent, or employee | 19 | | of an agent acting on behalf of a company engaged in the | 20 | | insurance or surety business. | 21 | | (1) (3) Any State law enforcement or investigative | 22 | | unit, including, without limitation, any such unit within | 23 | | the Office of any Executive Inspector General, the | 24 | | Department of State Police, the Department of Corrections, | 25 | | the Department of Juvenile Justice, or the Department of | 26 | | Natural Resources.
|
| | | 10000SB0319sam001 | - 3 - | LRB100 05104 JLS 24928 a |
|
| 1 | | (2) (4) Any State or local government agency which | 2 | | otherwise requires use of the employee's or applicant's | 3 | | credit history or credit report. | 4 | | (5) Any entity that is defined as a debt collector | 5 | | under federal or State statute. | 6 | | "Financial information" means non-public information on | 7 | | the overall financial direction of an organization, including, | 8 | | but not limited to, company taxes or profit and loss reports. | 9 | | "Insurance company" means any company authorized to engage | 10 | | in any kind of insurance or surety business pursuant to the | 11 | | Illinois Insurance Code, including any employee, agent, or | 12 | | employee of an agent acting on behalf of a company engaged in | 13 | | the insurance or surety business. | 14 | | "Marketable assets" means company property that is | 15 | | specially safeguarded from the public and to which access is | 16 | | only entrusted to managers and select other employees. For the | 17 | | purposes of this Act, marketable assets do not include the | 18 | | fixtures, furnishings, or equipment of an employer. | 19 | | "Personal or confidential information" means sensitive | 20 | | information that a customer or client of the employing | 21 | | organization gives explicit authorization for the organization | 22 | | to obtain, process, and keep; that the employer entrusts only | 23 | | to managers and a select few employees; or that is stored in | 24 | | secure repositories not accessible by the public or low-level | 25 | | employees. | 26 | | "State or national security information" means information |
| | | 10000SB0319sam001 | - 4 - | LRB100 05104 JLS 24928 a |
|
| 1 | | only offered to select employees because it may jeopardize the | 2 | | security of the State or the nation if it were entrusted to the | 3 | | general public.
| 4 | | "Trade secrets" means sensitive information regarding a | 5 | | company's overall strategy or business plans. This does not | 6 | | include general proprietary company information such as | 7 | | handbooks, policies, or low-level strategies.
| 8 | | (Source: P.A. 96-1426, eff. 1-1-11.) | 9 | | (820 ILCS 70/10)
| 10 | | Sec. 10. Employment based on credit history or credit | 11 | | report not permitted. | 12 | | (a) Except as provided in this Section, an employer shall | 13 | | not do any of the following: | 14 | | (1) Fail or refuse to hire or recruit, discharge, or | 15 | | otherwise discriminate against an individual with respect | 16 | | to employment, compensation, or a term, condition, or | 17 | | privilege of employment because of the individual's credit | 18 | | history or credit report. | 19 | | (2) Inquire about an applicant's or employee's credit | 20 | | history. | 21 | | (3) Order or obtain an applicant's or employee's credit | 22 | | report from a consumer reporting agency. | 23 | | (b) The prohibition in subsection (a) of this Section does | 24 | | not prevent an inquiry or employment action if a satisfactory | 25 | | credit history is an established bona fide occupational |
| | | 10000SB0319sam001 | - 5 - | LRB100 05104 JLS 24928 a |
|
| 1 | | requirement of a particular position or a particular group of | 2 | | an employer's employees. A satisfactory credit history is not a | 3 | | bona fide occupational requirement unless at least one of the | 4 | | following circumstances is present: | 5 | | (1) State or federal law requires bonding or other | 6 | | security covering an individual holding the position. | 7 | | (2) The duties of the position include custody of or | 8 | | unsupervised access to cash or marketable assets valued at | 9 | | $2,500 or more. | 10 | | (3) The duties of the position include signatory power | 11 | | over business assets of $100 or more per transaction. | 12 | | (4) (Blank). The position is a managerial position | 13 | | which involves setting the direction or control of the | 14 | | business. | 15 | | (5) The position involves access to personal or | 16 | | confidential information, financial information, trade | 17 | | secrets, or State or national security information. | 18 | | (6) The position meets criteria in administrative | 19 | | rules, if any, that the U.S. Department of Labor or the | 20 | | Illinois Department of Labor has promulgated to establish | 21 | | the circumstances in which a credit history is a bona fide | 22 | | occupational requirement. | 23 | | (7) The employee's or applicant's credit history is | 24 | | otherwise required by or exempt under federal or State law.
| 25 | | (c) A satisfactory credit history is a bona fide | 26 | | occupational requirement for employees of banks and insurance |
| | | 10000SB0319sam001 | - 6 - | LRB100 05104 JLS 24928 a |
|
| 1 | | companies who have access to information described in item (5) | 2 | | of subsection (b). | 3 | | (Source: P.A. 96-1426, eff. 1-1-11.)".
|
|