SB 311 — Revises provisions prohibiting certain discriminatory practices against a person seeking credit. (BDR 52-1048)

(ReprintedSenate withBill amendmentsNo. adopted on May 24, 2019) FIRST REPRINT S.B.

311311–Senators SParks, ENATED. B ILLN O.

311–SENATORSHarris, PBrooks; ARKS , D.

ARRISSpearman ,and BROOKSWoodhouse ;Joint Sponsors:

PEARMANAssemblymen ANDJauregui, WMcCurdy, OODHOUSESpiegel Mand ARCHTolles 18,CHAPTER.......... 2019 ____________ JOINT SPONSORS :

ASSEMBLYMEN JAUREGUI , M CCURDY , PIEGEL AND TOLLES ____________ Referred to Committee on Commerce and Labor SUMMARY—Revises provisions prohibiting certain discriminatory practices against a person seeking credit.

(BDR 52-1048) FISCAL NOTE:

Effect on Local Government:

Increases or Newly Provides for Term of Imprisonment in County or City Jail or Detention Facility.

Effect on the State:

Yes.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

Existing law requires that any person seeking credit be afforded equal opportunity to have their creditworthiness evaluated under the same relevant economic standards and without any discrimination on the basis of their sex or marital status.

(NRS 598B.020, 598B.100) Section 23 of this bill definespermits maritalan status.applicant for credit who has no credit history and was married to request that a creditor deem the applicant’s credit history to be identical to that of the applicant’s spouse during their marriage.

SectionUnder 3 of this bill permits an applicant for credit who has no credit history and was married to request that a creditor deem the applicant’s credit section 3, the failure of a creditor to comply with such a request is deemed to benderbe discrimination based on marital status.

Sections 4 and 7 of this bill expand the protection against discrimination to include race, color, creed, religion, disability, Section 6 of this bill requires the Commissioner of Financial Institutions to study the nature and extent of any discrimination based on race, color, creed, religion, disability, national origin or ancestry, sexual orientation, and gender identity or expression.

Section 6 of this bill requires the Commissioner of Financial Institutions to study the nature and extent of any discrimination based on race, color, creed, religion, disability, national origin or ancestry, sexual orientation, and gender identity or *SB311_R1* – 2 – expression.

EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

(c) Requests that the creditor deem the credit history of the applicant to be identical to the credit history of the applicant’s - 80th Session (2019) – 2 – spouse which was established during the marriage referenced in paragraph (b);

and (2) The date of the marriage and, if applicable, the date the marriage ended,  The creditor must deem the credit history of the applicant to be identical to the credit history of the applicant’s spouse which was establishedest2.lisViolation duringof thethis marriagesection referencedby ina paragraphcreditor (b).shall be deemed to be discrimination based on marital status.

2.

Violation of this section by a creditor shall be deemed to be discrimination based on marital status.

*SB311_R1*color, –creed, 3religion, –disability, 2.national origin or ancestry, sex , sexual orientation, gender identity or expression, or marital status in credit practices in this state;

Study the nature and extent of any discrimination as to race, color, creed, religion, disability, national origin or ancestry, sex , sexual orientation, gender identity or expression, or marital status in credit practices in this state;

598B.100 It is unlawful for any creditor to discriminate against any applicant on the basis of the applicant’s race, color, creed, religion, disability, national origin or ancestry, sex , sexual - 80th Session (2019) – 3 – orientation, gender identity or expression, or marital status with respect to any aspect of a credit transaction.

*SB311_R1*~~~~~ 19 - 80th Session (2019)