HB 293 - FINAL VERSION
HOUSE BILL 293
SPONSORS: Rep. Cushing, Rock. 21; Rep. King, Hills. 33; Rep. D. Ley, Ches. 9; Rep. Rogers, Merr. 28; Rep. O'Brien, Hills. 36; Rep. Mangipudi, Hills. 35; Rep. Berch, Ches. 1; Sen. Feltes, Dist 15; Sen. Cavanaugh, Dist 16; Sen. Fuller Clark, Dist 21
COMMITTEE: Labor, Industrial and Rehabilitative Services
This bill prohibits employers from using credit history in employment decisions.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nineteen
Be it Enacted by the Senate and House of Representatives in General Court convened:
Employee Credit Privacy
275:78 Definitions. In this subdivision:
I. “Credit history” means any written or other communication of any information about the employee’s or prospective employee’s credit score, credit account balances, payment history, savings or checking account balances, or savings or checking account numbers by a consumer reporting agency as defined in RSA 359-B:3, VI.
II. “Employer” means an individual or entity that permits one or more individuals to work or that accepts applications for employment or is an agent of such individual or entity. “Employer” shall not include:
(a) 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 chartered by any state or the United States.
(b) Any state or local government agency which requires use of the employee’s or applicant’s credit history or credit report.
(c) Any individual or entity that is required by federal law or regulation to obtain an employee’s or applicant’s credit history or credit report.
III. “Substantially related to the employee’s current or potential job” means the information contained in the credit history is related to the position for which the employee or prospective employee who is the subject of the report is being evaluated because the position:
(a) Is a managerial position which involves setting the direction or control of a business, division, unit, or agency of a business;
(b) Involves access to customers’, employees’, or the employer’s personal or financial information other than information customarily provided in a retail transaction;
(c) Involves a fiduciary responsibility to the employer, including, but not limited to, the authority to issue payments, collect debts, transfer money, or enter into contracts; or
(d) Provides an expense account or corporate debit or credit card.
275:79 Use of Credit History Prohibited. No employer, labor organization, or employment agency shall use or request information in the credit history of a job applicant or employee in connection with or as a criterion for employment decisions related to hiring, termination, promotion, demotion, discipline, compensation, or the terms, conditions, or privileges of employment unless the employer is required by state or federal law to use individual credit history for employment purposes, or the employer has a bona fide purpose for requesting or using information in the credit history report that is substantially related to the employee’s current or potential job and the employer complies with the notice and consent requirements of the Federal Fair Credit Reporting Act, 15 U.S.C. section 1681 et seq.
275:80 Penalty. Any employer violating any provision of this subdivision shall be subject to a civil penalty, to be imposed by the labor commissioner in accordance with the procedures established in RSA 273:11-a. An employer aggrieved by the commissioner’s assessment of such penalty may appeal in accordance with RSA 273:11-c.
VETOED July 10, 2019
Veto Sustained September 18, 2019
|Feb. 20, 2019||House||Hearing|
|March 6, 2019||House||Exec Session|
|March 19, 2019||House||Floor Vote|
|April 11, 2019||Senate||Hearing|
|May 30, 2019||Senate||Floor Vote|
|Jan. 2, 2019||To Be Introduced 01/02/2019 and referred to Labor, Industrial and Rehabilitative Services|
|Jan. 2, 2019||Introduced 01/02/2019 and referred to Labor, Industrial and Rehabilitative Services HJ 2 P. 44|
|Feb. 20, 2019||Public Hearing: 02/20/2019 11:00 am LOB 305-307|
|March 6, 2019||Executive Session: 03/06/2019 10:00 am LOB 307|
|March 19, 2019||Majority Committee Report: Ought to Pass for 03/19/2019 (Vote 12-7; RC) HC 16 P. 28|
|Majority Committee Report: Ought to Pass (Vote 12-7; RC)|
|Minority Committee Report: Inexpedient to Legislate|
|March 20, 2019||Lay on Table (Rep. Flanagan): MF RC 145-212 03/20/2019 HJ 11 P. 9|
|March 20, 2019||Ought to Pass: MA VV 03/20/2019 HJ 11 P. 9|
|March 28, 2019||Introduced 03/28/2019 and Referred to Commerce; SJ 12|
|April 11, 2019||Hearing: 04/11/2019, Room 100, SH, 01:45 pm; the committee will meet at 1:00 p.m. or 30 minutes following the end of session; SC 17A|
|Committee Report: No Recommendation|
|May 30, 2019||Committee Report: No Recommendation, 05/30/2019; SC 24|
|May 30, 2019||Sen. Cavanaugh Moved Ought to Pass; 05/30/2019; SJ 18|
|May 30, 2019||Ought to Pass: RC 13Y-11N, MA; OT3rdg; 05/30/2019; SJ 18|
|June 13, 2019||Enrolled (In recess 06/13/2019); SJ 21|
|June 13, 2019||Enrolled 06/13/2019 HJ 19 P. 18|
|July 10, 2019||Vetoed by Governor Sununu 07/10/2019|
|June 10, 2019||Vetoed by Governor Sununu 06/10/2019|
|Sept. 18, 2019||Veto Sustained 09/18/2019: RC 221-158 Lacking Necessary Two-Thirds Vote HJ 21 P. 19|