STATE OF NEW YORK ________________________________________________________________________ 1480--A 2023-2024 Regular Sessions IN ASSEMBLY January 17, 2023 ___________ Introduced by M. of A. CARROLL -- read once and referred to the Commit- tee on Consumer Affairs and Protection -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee AN ACT to amend the general business law and the banking law, in relation to prohibiting a consumer reporting agency or lender from using an individual's late payment of cashless tolls to determine such individual's credit worthiness The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subparagraphs (vii) and (viii) of paragraph 1 of subdivi- 2 sion (f) of section 380-j of the general business law, as added by chap- 3 ter 867 of the laws of 1977, are amended to read as follows: 4 (vii) information relating to past confinement in a mental institution 5 where the date of last confinement antedates the report by more than 6 seven years; [or] 7 (viii) late payments of any cashless tolls; or 8 (ix) any other adverse information which antedates the report by more 9 than seven years. 10 § 2. Section 352 of the banking law is amended by adding a new ninth 11 undesignated paragraph to read as follows: 12 No licensee shall collect, evaluate, report or maintain in the file on 13 a borrower the borrower's late payment of cashless tolls as a factor to 14 determine the borrower's credit worthiness, credit standing or credit 15 capacity. The superintendent shall ensure that the credit scoring 16 formulas filed with the department do not contain variables which 17 account for late payment of cashless tolls as part of that formula by 18 asking the licensee to certify to that fact. 19 § 3. This act shall take effect immediately. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03418-02-3