Assembly Bill A8037

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8037
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 31, 2019
                                ___________
 
 Introduced  by M. of A. REYES -- read once and referred to the Committee
   on Consumer Affairs and Protection
 
 AN ACT to amend the general business law, in relation  to  enacting  the
   "New York state federal worker credit protection act"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "New York state federal worker credit protection act".
   § 2. Section 380-v of the general business law, as relettered by chap-
 ter  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. REPORTING INFORMATION OF FURLOUGHED FEDERAL EMPLOYEES. (A) AS
 USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEAN-
 INGS:
   (1) "FURLOUGHED FEDERAL EMPLOYEE" MEANS:
   (I) A FEDERAL OR DISTRICT OF COLUMBIA EMPLOYEE WHO  IS  FURLOUGHED  OR
 EXCEPTED FROM FURLOUGH DURING A SHUTDOWN; OR
   (II) A FEDERAL CONTRACTOR WHO, DURING A SHUTDOWN, IS NOT RECEIVING PAY
 BY REASON OF SUCH SHUTDOWN.
   (2)  "SHUTDOWN" MEANS ANY LAPSE IN DISCRETIONARY APPROPRIATIONS BY THE
 FEDERAL GOVERNMENT.
   (B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW  TO  THE  CONTRARY  AND
 UPON  REQUEST  OF A FURLOUGHED FEDERAL EMPLOYEE, A PERSON THAT FURNISHES
 INFORMATION TO ANY CONSUMER REPORTING AGENCY SHALL NOT PROVIDE  NEGATIVE
 CREDIT  INFORMATION  OF  SUCH  FURLOUGHED FEDERAL EMPLOYEE TO A CONSUMER
 REPORTING AGENCY IF THE ACTION OR INACTION TO WHICH SUCH NEGATIVE CREDIT
 INFORMATION RELATES ORIGINATED, AND WAS  RECTIFIED,  DURING  THE  PERIOD
 BEGINNING  THIRTY  DAYS  BEFORE  A SHUTDOWN AND ENDING NINETY DAYS AFTER
 SUCH SHUTDOWN.
   (C) WITH RESPECT TO  ANY  NEGATIVE  CREDIT  INFORMATION  DESCRIBED  IN
 SUBDIVISION  (B)  OF  THIS  SECTION  AND  UPON REQUEST OF THE FURLOUGHED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11955-01-9

 A. 8037                             2
 
 FEDERAL EMPLOYEE TO WHICH SUCH NEGATIVE CREDIT  INFORMATION  RELATES,  A
 PERSON THAT FURNISHES INFORMATION TO ANY CONSUMER REPORTING AGENCY SHALL
 NOTIFY  A CONSUMER REPORTING AGENCY THAT THE ACTION OR INACTION TO WHICH
 SUCH  NEGATIVE  CREDIT  INFORMATION  RELATES  OCCURRED DURING THE PERIOD
 DESCRIBED IN SUBDIVISION (B) OF THIS SECTION.
   § 3. The general business law is amended by adding a new article 42 to
 read as follows:
                                 ARTICLE 42
               PROTECTIONS FOR FURLOUGHED FEDERAL EMPLOYEES
 SECTION 1030. DEFINITIONS.
         1031. WAIVER OF LATE FEES.
         1032. STAY OF PAYMENTS DURING A SHUTDOWN.
   § 1030. DEFINITIONS. AS USED IN THIS SECTION THE FOLLOWING TERMS SHALL
 HAVE THE FOLLOWING MEANINGS:
   1. "FURLOUGHED FEDERAL EMPLOYEE" MEANS:
   (A) A FEDERAL OR DISTRICT OF COLUMBIA EMPLOYEE WHO  IS  FURLOUGHED  OR
 EXCEPTED FROM FURLOUGH DURING A SHUTDOWN; OR
   (B)  A FEDERAL CONTRACTOR WHO, DURING A SHUTDOWN, IS NOT RECEIVING PAY
 BY REASON OF SUCH SHUTDOWN.
   2. "SHUTDOWN" MEANS ANY LAPSE IN DISCRETIONARY APPROPRIATIONS  BY  THE
 FEDERAL GOVERNMENT.
   § 1031. WAIVER OF LATE FEES. ANY ENTITY REGULATED BY THE DEPARTMENT OF
 FINANCIAL  SERVICES SHALL WAIVE ANY FINE OR PENALTY A FURLOUGHED FEDERAL
 EMPLOYEE OWES OR WOULD OWE DURING THE DURATION OF A SHUTDOWN BASED  UPON
 THE  INABILITY  OF SUCH FURLOUGHED FEDERAL EMPLOYEE TO PAY A CIVIL OBLI-
 GATION OR OTHER LIABILITY DUE TO SUCH SHUTDOWN. THE DEPARTMENT OF FINAN-
 CIAL SERVICES SHALL  PROMULGATE  RULES  AND  REGULATIONS  REGARDING  THE
 DOCUMENTATION  TO BE PROVIDED BY A FURLOUGHED FEDERAL EMPLOYEE TO DEMON-
 STRATE SUCH INABILITY.
   § 1032. STAY OF PAYMENTS  DURING  A  SHUTDOWN.  A  FURLOUGHED  FEDERAL
 EMPLOYEE  MAY  APPLY  TO  A COURT FOR A TEMPORARY STAY, POSTPONEMENT, OR
 SUSPENSION WITH RESPECT TO ANY PAYMENT OF A CIVIL OBLIGATION OR  LIABIL-
 ITY  THAT  THE  FURLOUGHED FEDERAL EMPLOYEE OWES OR WOULD OWE DURING THE
 DURATION OF THE SHUTDOWN. A COURT SHALL GRANT SUCH TEMPORARY STAY, POST-
 PONEMENT, OR SUSPENSION UPON A DETERMINATION THAT THE  ABILITY  OF  SUCH
 FURLOUGHED  FEDERAL  EMPLOYEE  TO  PERFORM THE OBLIGATION WAS MATERIALLY
 AFFECTED BY THE SHUTDOWN.
   § 4. This act shall take effect immediately.