FIRST REGULAR SESSION
HOUSE BILL NO. 164
97TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES PACE (Sponsor), ELLINGER, SCHIEFFER, RIZZO, WALTON GRAY, BLACK, SCHUPP, PIERSON, ELLINGTON, MCCANN BEATTY, SMITH (85), OTTO, HUBBARD, MIMS, MAY, WEBB, HUMMEL, MCNEIL, MORGAN, GARDNER AND ENGLUND (Co-sponsors).
0042L.01I D. ADAM CRUMBLISS, Chief Clerk
To amend chapter 290, RSMo, by adding thereto one new section relating to use of credit scores by prospective employers.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 290, RSMo, is amended by adding thereto one new section, to be known as section 290.146, to read as follows:
290.146. 1. Except as provided in subsection 3 of this section, it shall be an improper employment practice for any employer to directly or indirectly use a job applicant's personal credit history as hiring criteria.
2. As used in this section "employer" does not include:
(1) 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 authorized to do business under the laws of this state or of the United States;
(2) Any company authorized to engage in any kind of insurance or surety business under the laws of this state, including any employee, agent, or employee of an agent acting on behalf of a company engaged in the insurance or surety business;
(3) Any state law enforcement agency;
(4) Any state or local government agency which otherwise requires use of the employee's or applicant's credit history or credit report; or
(5) Any entity that is defined as a debt collector under federal or state statute;
3. An employer may request a credit history background check as part of the application process where such history is shown to be directly related to the occupational position sought by the job applicant.
4. A satisfactory credit history is not directly related to the occupational position sought unless at least one of the following circumstances is present:
(1) State or federal law requires bonding or other security covering an individual holding the position;
(2) The position is a managerial position which involves setting the direction or control of the business;
(3) The position meets criteria in administrative rules, if any, that the United States Department of Labor or the Missouri Department of Labor has adopted and promulgated to establish the circumstances in which a credit history is a bona fide occupational requirement;
(4) The duties of the position involve access to customers', employees', or the employer's personal or financial information other than information customarily provided in a retail transaction;
(5) The duties of the position involve a fiduciary responsibility to the employer including but not limited to the authority to issue payments, transfer money, or enter into contracts; or
(6) The position includes an expense account.