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Assembly Bill A5400A

2019-2020 Legislative Session

Relates to adverse information in credit reports of certain furloughed federal government employees

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

2019-A5400 - Details

See Senate Version of this Bill:
S2898
Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
General Business Law
Laws Affected:
Rel §380-v to be §380-w, add §380-v, Gen Bus L

2019-A5400 - Summary

Prohibits consumer reporting agencies from reporting adverse information in credit reports of certain furloughed federal government employees.

2019-A5400 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5400
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 11, 2019
                                ___________
 
 Introduced  by  M.  of  A.  DenDEKKER  --  read once and referred to the
   Committee on Consumer Affairs and Protection
 
 AN ACT to amend the general business law, in relation to adverse  infor-
   mation  in  credit  reports  of  certain furloughed federal government
   employees

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 380-v of the general business law, as relettered by
 chapter  441  of the laws of 2014, is relettered section 380-w and a new
 section 380-v is added to read as follows:
   § 380-V. FURLOUGHED PUBLIC EMPLOYEES.  NO  CONSUMER  REPORTING  AGENCY
 SHALL  REPORT  OR MAINTAIN IN THE CONSUMER REPORT OR FILE OF A CONSUMER,
 ANY NEW ADVERSE INFORMATION ON A CONSUMER  WHO  IS  A  FEDERAL  EMPLOYEE
 IMPACTED  BY  A  FEDERAL  GOVERNMENT  FURLOUGH WHICH WAS OBTAINED BY THE
 CONSUMER REPORTING AGENCY DURING SUCH FURLOUGH PERIOD. A CREDIT  REPORT-
 ING AGENCY MAY REPORT ADVERSE INFORMATION ON A CONSUMER BEGINNING NINETY
 DAYS  AFTER  THE  END OF A FURLOUGH PERIOD PROVIDED THAT NO SUCH ADVERSE
 INFORMATION SHALL HAVE BEEN DERIVED  OR  OBTAINED  DURING  THE  FURLOUGH
 PERIOD. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ADVERSE INFOR-
 MATION DEVELOPED OR REPORTED PRIOR TO A FEDERAL GOVERNMENT FURLOUGH. THE
 PROVISIONS OF THIS SECTION SHALL APPLY TO NEW YORK RESIDENTS EMPLOYED BY
 THE FEDERAL GOVERNMENT WHO ARE FURLOUGHED OR WHO HAVE NOT RECEIVED THEIR
 REGULAR SALARY OR WAGES DUE TO A FEDERAL GOVERNMENT FURLOUGH WHICH LASTS
 AT  LEAST  ONE  PAY  PERIOD  FROM THE START OF SUCH FURLOUGH. A CONSUMER
 SHALL HAVE THE BURDEN OF ESTABLISHING THAT THEY ARE  A  NEW  YORK  STATE
 RESIDENT,  A  FEDERAL  EMPLOYEE,  AND  THAT THEY HAVE BEEN IMPACTED BY A
 FEDERAL GOVERNMENT FURLOUGH.
   § 2. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08913-03-9

2019-A5400A (ACTIVE) - Details

See Senate Version of this Bill:
S2898
Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
General Business Law
Laws Affected:
Rel §380-v to be §380-w, add §380-v, Gen Bus L

2019-A5400A (ACTIVE) - Summary

Prohibits consumer reporting agencies from reporting adverse information in credit reports of certain furloughed federal government employees.

2019-A5400A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5400--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 11, 2019
                                ___________
 
 Introduced  by  M.  of  A.  DenDEKKER  --  read once and referred to the
   Committee on Consumer Affairs and Protection -- committee  discharged,
   bill  amended,  ordered  reprinted  as amended and recommitted to said
   committee
 
 AN ACT to amend the general business law, in relation to adverse  infor-
   mation  in  credit  reports  of  certain furloughed federal government
   employees
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 380-v of the general business law, as relettered by
 chapter  441  of the laws of 2014, is renumbered section 380-w and a new
 section 380-v is added to read as follows:
   § 380-V. FURLOUGHED FEDERAL EMPLOYEES. NO  CONSUMER  REPORTING  AGENCY
 SHALL  REPORT  OR  MAINTAIN IN THE CONSUMER REPORT OR FILE OF A CONSUMER
 ANY NEW ADVERSE INFORMATION ON A CONSUMER  WHO  IS  A  FEDERAL  EMPLOYEE
 IMPACTED  BY A FEDERAL GOVERNMENT FURLOUGH AS SET FORTH IN THIS SECTION,
 WHICH WAS OBTAINED BY THE CONSUMER REPORTING AGENCY DURING SUCH FURLOUGH
 PERIOD. A CREDIT REPORTING AGENCY MAY REPORT ADVERSE  INFORMATION  ON  A
 CONSUMER  BEGINNING  NINETY  DAYS  AFTER  THE  END  OF A FURLOUGH PERIOD
 PROVIDED THAT NO SUCH ADVERSE INFORMATION SHALL  HAVE  BEEN  DERIVED  OR
 OBTAINED  DURING  THE  FURLOUGH  PERIOD.  THE PROVISIONS OF THIS SECTION
 SHALL NOT APPLY TO ADVERSE INFORMATION DEVELOPED OR REPORTED PRIOR TO  A
 FEDERAL  GOVERNMENT FURLOUGH. THE PROVISIONS OF THIS SECTION SHALL APPLY
 TO NEW YORK  RESIDENTS  EMPLOYED  BY  THE  FEDERAL  GOVERNMENT  WHO  ARE
 FURLOUGHED OR WHO HAVE BEEN DESIGNATED NON-PAY FEDERAL EMPLOYEES AND WHO
 HAVE NOT RECEIVED THEIR REGULAR SALARY OR WAGES DUE TO A FEDERAL GOVERN-
 MENT FURLOUGH WHICH LASTS AT LEAST ONE PAY PERIOD FROM THE START OF SUCH
 FURLOUGH. A CONSUMER SHALL HAVE THE BURDEN OF ESTABLISHING THAT THEY ARE
 A  NEW  YORK STATE RESIDENT, A FEDERAL EMPLOYEE, AND THAT THEY HAVE BEEN
 IMPACTED BY A FEDERAL GOVERNMENT FURLOUGH. PROOF OF NEW YORK STATE RESI-
 DENCY MAY BE MADE BY A UTILITY BILL OR  DRIVER'S  LICENSE.  A  PAY  STUB
 ISSUED WITHIN THIRTY DAYS SHALL BE PROOF OF FEDERAL EMPLOYMENT.
   § 2. This act shall take effect immediately.

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