FIFTY-THIRD LEGISLATURESB 280/a

FIRST SESSION, 2017

March 6, 2017

Mr. President:

    Your CORPORATIONS AND TRANSPORTATION COMMITTEE, to whom has been referred

SENATE BILL 280

has had it under consideration and reports same with recommendation that it DO PASS, amended as follows:

    1. On page 1, line 18, strike "4" and insert in lieu thereof "5". 

    2. On page 2, line 5, strike "regarding a person's" and insert in lieu thereof "or provided by a prospective employee to a prospective employer, bearing on the prospective employee's".

    3. On page 2, line 11, strike "A" and insert in lieu thereof "Except as provided in Section 4 of the Employee Credit Information Privacy Act, a".

     4. On page 2, line 12, after "recruit", insert a comma, strike the second "or" and after "interview", insert "or hire".

    5. On page 2, between lines 14 and 15, insert the following new section:

    "SECTION 4. [NEW MATERIAL] EXCEPTIONS TO THE PROHIBITION

ON THE USE OF CREDIT INFORMATION IN DECISIONS TO RECRUIT,

INTERVIEW OR HIRE.--The prohibition in Section 3 of the Employee Credit Information Privacy Act does not prevent a prospective employer from using a prospective employee's credit information to make a decision to recruit, interview or hire that person if good credit information is an established bona fide occupational requirement of a particular position or a particular group of the prospective employer's employees. Information regarding a prospective employee's credit information is not a bona fide occupational requirement unless that person applies for employment:

         A. that requires federal deposit insurance corporation clearance;

         B. at a financial service institution, including insurance companies, agents and adjusters;

         C. that requires United States security clearance; or

         D. that requires a fiduciary responsibility to the employer, including the authority to issue payments, collect

debts, transfer money or enter into contracts.".

    6. Renumber the succeeding sections accordingly.,

and thence referred to the JUDICIARY COMMITTEE.

                               Respectfully submitted,

                               ___________________________________

                               SENATOR CLEMENTE SANCHEZ, CHAIRMAN

Adopted_______________________ Not Adopted_______________________

          (Chief Clerk) (Chief Clerk)

                  Date ________________________

The roll call vote was 4 For 3 Against

Yes:      4

No:       Sharer, White, Woods

Excused: Papen

Absent:   None

SB0280CT1.wpd                                              .207967.1

SB0280CT1.wpd                                              .207967.1