SENATE BILL 145

52nd legislature - STATE OF NEW MEXICO - first session, 2015

INTRODUCED BY

Bill B. O'Neill

AN ACT

RELATING TO CONSUMER CREDIT INFORMATION; PROHIBITING PROSPECTIVE EMPLOYERS FROM USING A PROSPECTIVE EMPLOYEE'S CREDIT INFORMATION AS A BASIS FOR REFUSING TO RECRUIT OR INTERVIEW THE PROSPECTIVE EMPLOYEE, WITH SOME EXCEPTIONS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. [NEW MATERIAL] SHORT TITLE.--This act may be cited as the "Prospective Employee Credit Information Privacy Act".

     SECTION 2. [NEW MATERIAL] DEFINITIONS.--As used in the Prospective Employee Credit Information Privacy Act:

          A. "consumer reporting agency" means a person that, for monetary fees, dues or on a cooperative nonprofit basis, regularly engages, in whole or in part, in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties; and

          B. "credit information" means a written, oral or other communication prepared by a consumer reporting agency or provided by a prospective employee to a prospective employer, bearing on the prospective employee's creditworthiness, credit standing or credit capacity.

     SECTION 3. [NEW MATERIAL] USE OF CREDIT INFORMATION IN DECISIONS TO RECRUIT OR INTERVIEW PROHIBITED.--Except as provided in Section 4 of the Prospective Employee Credit Information Privacy Act, a prospective employer shall not fail to or refuse to recruit or interview a prospective employee with respect to employment based on that person's credit information.

     SECTION 4. [NEW MATERIAL] EXCEPTIONS TO THE PROHIBITION ON THE USE OF CREDIT INFORMATION IN DECISIONS TO RECRUIT OR INTERVIEW.--The prohibition in Section 3 of the Prospective 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 or interview 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.

      SECTION 5. [NEW MATERIAL] REMEDY.--A person who claims to be harmed by a violation of the Prospective Employee Credit Information Privacy Act may bring a civil action in a court of competent jurisdiction to obtain injunctive relief or damages or both.

     SECTION 6. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2015.

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