senate Bill S8118

2019-2020 Legislative Session

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

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Consumer Protection Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (5)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 18, 2020 print number 8118b
May 18, 2020 amend and recommit to consumer protection
May 04, 2020 print number 8118a
May 04, 2020 amend (t) and recommit to consumer protection
Mar 23, 2020 referred to consumer protection

Co-Sponsors

view additional co-sponsors

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

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.

S8118 - Sponsor Memo

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

view additional co-sponsors

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

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.

S8118A - Sponsor Memo

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

view additional co-sponsors

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

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.

S8118B (ACTIVE) - Sponsor Memo

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

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