HB1221 (2020) Detail

Relative to privacy for an employee's personal financial and credit information.


HB 1221 - AS AMENDED BY THE HOUSE

 

5Mar2020... 0256h

2020 SESSION

20-2395

04/06

 

HOUSE BILL 1221

 

AN ACT relative to privacy for an employee's personal financial and credit information.

 

SPONSORS: Rep. Cushing, Rock. 21

 

COMMITTEE: Labor, Industrial and Rehabilitative Services

 

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ANALYSIS

 

This bill prohibits an employer from using personal financial and credit history in employment decisions.

 

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

5Mar2020... 0256h 20-2395

04/06

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

AN ACT relative to privacy for an employee's personal financial and credit information.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  New Subdivision; Employee Personal Financial and Credit Privacy.  Amend RSA 275 by inserting after section 77 the following new subdivision:

Employee Personal Financial and 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.

(d)  Any sales finance company or retail seller licensed by the New Hampshire banking department under RSA 361-A:2.

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.

2  Effective Date.  This act shall take effect January 1, 2021.

Links

HB1221 at GenCourtMobile
HB1221 Discussion

Action Dates

Date Body Type
Jan. 29, 2020 House Hearing
Feb. 12, 2020 House Exec Session
House Floor Vote
Feb. 19, 2020 House Floor Vote
Feb. 20, 2020 House Floor Vote

Bill Text Revisions

HB1221 Revision: 8235 Date: March 5, 2020, 2:34 p.m.
HB1221 Revision: 6847 Date: Dec. 2, 2019, 11:54 a.m.

Docket

Date Status
Jan. 8, 2020 Introduced 01/08/2020 and referred to Labor, Industrial and Rehabilitative Services HJ 1 P. 14
Jan. 29, 2020 Public Hearing: 01/29/2020 11:00 am LOB 307
Feb. 12, 2020 Executive Session: 02/12/2020 10:00 am LOB 307
Majority Committee Report: Ought to Pass with Amendment # 2020-0256h (Vote 11-6; RC)
Feb. 19, 2020 Majority Committee Report: Ought to Pass with Amendment # 2020-0256h for 02/19/2020 (Vote 11-6; RC) HC 7 P. 32
Minority Committee Report: Inexpedient to Legislate
Feb. 20, 2020 Special Order to regular place in next calendar (Rep. Ley): MA VV 02/20/2020
March 5, 2020 Amendment # 2020-0256h: AA DV 213-129 03/05/2020
March 5, 2020 Ought to Pass with Amendment 2020-0256h: MA RC 210-139 03/05/2020
June 16, 2020 Introduced 06/16/2020, and Laid on Table, MA, VV; 06/16/2020; SJ 8
June 16, 2020 No Pending Motion; 06/16/2020 SJ 8