Senate Bill S8118B

2019-2020 Legislative Session

Relates to prohibiting negative credit reporting on persons affected by the coronavirus

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

Bill Amendments

co-Sponsors

2019-S8118 - Details

See Assembly Version of this Bill:
A10183
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Amd §380-j, Gen Bus L
Versions Introduced in 2021-2022 Legislative Session:
S775, A559

2019-S8118 - Summary

Prohibits negative credit reporting on consumers who have suffered financial harm as a result of the declared state of emergency relating to the coronavirus.

2019-S8118 - Sponsor Memo

2019-S8118 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8118
 
                             I N  S E N A T E
 
                              March 23, 2020
                                ___________
 
 Introduced  by  Sen.  THOMAS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Consumer Protection
 
 AN ACT to amend the general business law,  in  relation  to  prohibiting
   creditors from reporting certain adverse information during a declared
   state of emergency
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 380-j of the general business  law  is  amended  by
 adding a new subdivision (i) to read as follows:
   (I)  NO  CREDITOR SHALL REPORT ANY NEW ADVERSE INFORMATION RELATIVE TO
 LATE PAYMENTS OR NON-PAYMENT OF CONSUMER DEBT OR OTHER  FINANCIAL  OBLI-
 GATIONS BY PERSONS AFFECTED BY THE CORONAVIRUS (COVID-19) DURING A PERI-
 OD  OF A DECLARED STATE EMERGENCY TO A CREDIT REPORTING AGENCY.  FOR THE
 PURPOSES OF THIS SUBDIVISION, "AFFECTED BY THE CORONAVIRUS"  SHALL  MEAN
 AN INDIVIDUAL WHO HAS SUFFERED FINANCIAL HARM DUE TO MISSED TIME OF WORK
 RELATED TO A DECLARED STATE OF EMERGENCY.
   § 2. This act shall take effect immediately.
 
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15847-02-0



              

co-Sponsors

2019-S8118A - Details

See Assembly Version of this Bill:
A10183
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Amd §380-j, Gen Bus L
Versions Introduced in 2021-2022 Legislative Session:
S775, A559

2019-S8118A - Summary

Prohibits negative credit reporting on consumers who have suffered financial harm as a result of the declared state of emergency relating to the coronavirus.

2019-S8118A - Sponsor Memo

2019-S8118A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8118--A
 
                             I N  S E N A T E
 
                              March 23, 2020
                                ___________
 
 Introduced  by  Sens. THOMAS, BAILEY, BIAGGI, GAUGHRAN, GOUNARDES, HOYL-
   MAN, KRUEGER, METZGER, RIVERA, SEPULVEDA --  read  twice  and  ordered
   printed, and when printed to be committed to the Committee on Consumer
   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 prohibiting a
   consumer reporting agency from reporting certain  adverse  information
   during  the state of emergency caused by the novel coronavirus pandem-
   ic; and providing for the repeal of such  provisions  upon  expiration
   thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 380-j of the general business  law  is  amended  by
 adding a new subdivision (i) to read as follows:
   (I)  (1)  NO  CONSUMER  REPORTING  AGENCY SHALL REPORT ANY NEW ADVERSE
 INFORMATION THAT IS A RESULT OF THE NOVEL  CORONAVIRUS PANDEMIC  (COVID-
 19)  IN  A CONSUMER REPORT PERTAINING TO AN AFFECTED PERSON WHO NOTIFIES
 THE AGENCY PURSUANT TO PARAGRAPH THREE OF THIS SUBDIVISION.
   (2) FOR THE PURPOSES OF THIS SUBDIVISION, THE  FOLLOWING  TERMS  SHALL
 HAVE THE FOLLOWING MEANINGS:
   (I)    "AFFECTED  PERSON"  SHALL  MEAN  A RESIDENT OF NEW YORK WHO HAS
 SUFFERED FINANCIAL HARDSHIP AS A RESULT OF THE NOVEL CORONAVIRUS PANDEM-
 IC (COVID-19);
   (II) "THE NOVEL CORONAVIRUS PANDEMIC (COVID-19)" SHALL  REFER  TO  THE
 PERIOD OF THE STATE OF EMERGENCY DECLARED BY EXECUTIVE ORDER TWO HUNDRED
 TWO  ON  MARCH  SEVENTH,  TWO  THOUSAND  TWENTY AND FOR PURPOSES OF THIS
 SUBDIVISION SHALL INCLUDE A PERIOD OF NINETY DAYS FOLLOWING THE  CONCLU-
 SION OF SUCH STATE OF EMERGENCY.
   (3)  AN  AFFECTED PERSON MAY CONTACT ANY CONSUMER REPORTING AGENCY AND
 REQUEST THAT THE AGENCY DISREGARD ANY ADVERSE INFORMATION RELATED TO THE
 PERSON OBTAINED BY THE AGENCY  DURING  THE  NOVEL  CORONAVIRUS  PANDEMIC
 (COVID-19).  THE  AFFECTED  PERSON SHALL INCLUDE IN THE REQUEST PROOF OF
 FINANCIAL HARDSHIP RESULTING FROM THE CORONAVIRUS PANDEMIC.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

2019-S8118B (ACTIVE) - Details

See Assembly Version of this Bill:
A10183
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Amd §380-j, Gen Bus L
Versions Introduced in 2021-2022 Legislative Session:
S775, A559

2019-S8118B (ACTIVE) - Summary

Prohibits negative credit reporting on consumers who have suffered financial harm as a result of the declared state of emergency relating to the coronavirus.

2019-S8118B (ACTIVE) - Sponsor Memo

2019-S8118B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8118--B
 
                             I N  S E N A T E
 
                              March 23, 2020
                                ___________
 
 Introduced  by  Sens. THOMAS, BAILEY, BIAGGI, GAUGHRAN, GOUNARDES, HOYL-
   MAN, KRUEGER, METZGER, RIVERA, SEPULVEDA --  read  twice  and  ordered
   printed, and when printed to be committed to the Committee on Consumer
   Protection -- committee discharged, bill amended, ordered reprinted as
   amended  and  recommitted  to  said committee -- committee discharged,
   bill amended, ordered reprinted as amended  and  recommitted  to  said
   committee
 
 AN  ACT  to amend the general business law, in relation to prohibiting a
   consumer reporting agency from reporting certain  adverse  information
   during  the state of emergency caused by the novel coronavirus pandem-
   ic; and providing for the repeal of such  provisions  upon  expiration
   thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 380-j of the general business  law  is  amended  by
 adding a new subdivision (i) to read as follows:
   (I)  (1)  NO  CONSUMER  REPORTING  AGENCY SHALL REPORT ANY NEW ADVERSE
 INFORMATION THAT IS A RESULT OF THE NOVEL  CORONAVIRUS PANDEMIC  (COVID-
 19)  IN  A CONSUMER REPORT PERTAINING TO AN AFFECTED PERSON WHO NOTIFIES
 THE AGENCY PURSUANT TO PARAGRAPH THREE OF THIS SUBDIVISION.
   (2) FOR THE PURPOSES OF THIS SUBDIVISION, THE  FOLLOWING  TERMS  SHALL
 HAVE THE FOLLOWING MEANINGS:
   (I)    "AFFECTED  PERSON"  SHALL  MEAN  A RESIDENT OF NEW YORK WHO HAS
 SUFFERED FINANCIAL HARDSHIP AS A RESULT OF THE NOVEL CORONAVIRUS PANDEM-
 IC (COVID-19);
   (II) "THE NOVEL CORONAVIRUS PANDEMIC (COVID-19)" SHALL  REFER  TO  THE
 PERIOD OF THE STATE OF EMERGENCY DECLARED BY EXECUTIVE ORDER TWO HUNDRED
 TWO  ON  MARCH  SEVENTH,  TWO  THOUSAND  TWENTY AND FOR PURPOSES OF THIS
 SUBDIVISION SHALL INCLUDE A PERIOD OF NINETY DAYS FOLLOWING THE  CONCLU-
 SION OF SUCH STATE OF EMERGENCY;
   (III)  "ADVERSE  INFORMATION THAT IS A RESULT OF THE NOVEL CORONAVIRUS
 PANDEMIC (COVID-19)" SHALL MEAN ANY  ADVERSE  INFORMATION  REGARDING  AN
 AFFECTED  PERSON'S  LATE  PAYMENTS,  DEFAULT, OR NON-PAYMENT OF CONSUMER
 DEBT OR OTHER FINANCIAL OBLIGATIONS, OR A CREDITOR'S EXERCISE  OF  REME-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.