Bill Text: NY A05400 | 2019-2020 | General Assembly | Amended


Bill Title: Prohibits consumer reporting agencies from reporting adverse information in credit reports of certain furloughed federal government employees.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - referred to consumer affairs and protection [A05400 Detail]

Download: New_York-2019-A05400-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         5400--A
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 11, 2019
                                       ___________
        Introduced  by  M.  of  A.  DenDEKKER  --  read once and referred to the
          Committee on Consumer Affairs and Protection -- committee  discharged,
          bill  amended,  ordered  reprinted  as amended and recommitted to said
          committee
        AN ACT to amend the general business law, in relation to adverse  infor-
          mation  in  credit  reports  of  certain furloughed federal government
          employees
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. Section 380-v of the general business law, as relettered by
     2  chapter  441  of the laws of 2014, is renumbered section 380-w and a new
     3  section 380-v is added to read as follows:
     4    § 380-v. Furloughed federal employees. No  consumer  reporting  agency
     5  shall  report  or  maintain in the consumer report or file of a consumer
     6  any new adverse information on a consumer  who  is  a  federal  employee
     7  impacted  by a federal government furlough as set forth in this section,
     8  which was obtained by the consumer reporting agency during such furlough
     9  period. A credit reporting agency may report adverse  information  on  a
    10  consumer  beginning  ninety  days  after  the  end  of a furlough period
    11  provided that no such adverse information shall  have  been  derived  or
    12  obtained  during  the  furlough  period.  The provisions of this section
    13  shall not apply to adverse information developed or reported prior to  a
    14  federal  government furlough. The provisions of this section shall apply
    15  to New York  residents  employed  by  the  federal  government  who  are
    16  furloughed or who have been designated non-pay federal employees and who
    17  have not received their regular salary or wages due to a federal govern-
    18  ment furlough which lasts at least one pay period from the start of such
    19  furlough. A consumer shall have the burden of establishing that they are
    20  a  New  York state resident, a federal employee, and that they have been
    21  impacted by a federal government furlough. Proof of New York state resi-
    22  dency may be made by a utility bill or  driver's  license.  A  pay  stub
    23  issued within thirty days shall be proof of federal employment.
    24    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08913-05-9
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