Defines "employer" for purposes of the fair credit reporting act; relates to the requesting or use for employment purposes of the consumer credit history of an applicant for employment or employee; repealer, the official text

S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8789
 
                             I N  S E N A T E
 
                              January 8, 2026
                                ___________
 
 Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the general business law, in relation to the  definition
   of  the  term  employer  and  to  the requesting or use for employment
   purposes of the consumer credit history of an applicant for employment
   or employee by an employer, labor organization, employment  agency  or
   any  agent  thereof;  and to repeal certain provisions of a chapter of
   the laws of 2025 amending the general business law relating to prohib-
   iting the disclosure or use of a person's consumer credit  history  to
   an  employer,  labor  organization, employment agency or agent thereof
   for purposes of employment decisions
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  380-a  of the general business law is amended by
 adding a new subdivision (x) to read as follows:
   (X) THE TERM "EMPLOYER" MEANS ANY INDIVIDUAL, PARTNERSHIP, CORPORATION
 OR ASSOCIATION ENGAGED IN A BUSINESS WHO  HAS  EMPLOYEES  INCLUDING  THE
 STATE AND ITS POLITICAL SUBDIVISIONS.
   §  2.  Subparagraph (iii) of paragraph 2 of subdivision (d) of section
 380-b of the general business law, as added by a chapter of the laws  of
 2025  amending  the  general  business  law  relating to prohibiting the
 disclosure or use of a person's consumer credit history to an  employer,
 labor  organization,  employment agency or agent thereof for purposes of
 employment decisions, as proposed in legislative bills numbers  S.  3072
 and A. 1316, is amended to read as follows:
   (iii)  persons  in  a  position that is subject to background investi-
 gation by a state agency[, provided, however, that the appointing agency
 may not use consumer credit history information for employment  purposes
 unless  the  position is an appointed position in which a high degree of
 public trust, as defined by the commission in rules, has been reposed.];
   § 3. Section 3 of a chapter of the laws of 2025 amending  the  general
 business law relating to prohibiting the disclosure or use of a person's
 consumer  credit  history to an employer, labor organization, employment
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01708-02-6
 S. 8789                             2
 
 agency or  agent  thereof  for  purposes  of  employment  decisions,  as
 proposed in legislative bills numbers S. 3072 and A. 1316, is REPEALED.
   §  4.  This  act  shall  take  effect on the same date and in the same
 manner as a chapter of the laws of 2025 amending  the  general  business
 law relating to prohibiting the disclosure or use of a person's consumer
 credit  history to an employer, labor organization, employment agency or
 agent thereof for purposes  of  employment  decisions,  as  proposed  in
 legislative bills numbers S. 3072 and A. 1316, takes effect.