NY State Senate Bill 2019-S8250

Senate Bill S8250

2019-2020 Legislative Session

Prohibits the execution, garnishment or attachment of any federal or state stimulus check that is the result of a declared national or state disaster emergency

download bill text pdf

Archive: Last Bill Status - In Senate Committee Judiciary 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 27, 2020	referred to judiciary

2019-S8250 (ACTIVE) - Details

Current Committee:: Senate Judiciary
Law Section:: Civil Practice Law and Rules
Laws Affected:: Add §§5201-a & 6202-a, CPLR
Versions Introduced in 2021-2022 Legislative Session:: S6050

2019-S8250 (ACTIVE) - Summary

Prohibits the execution, garnishment or attachment of any federal or state stimulus check that is the result of a declared national or state disaster emergency; defines the term "stimulus check" shall mean any economic impact payment sent by the government to taxpayers to boost their spending power and spur economic activity.

2019-S8250 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8250

SPONSOR: CARLUCCI
 
TITLE OF BILL:

An act to amend the civil practice law and rules, in relation to prohib-
iting the execution, garnishment or attachment of any federal or state
stimulus check that is the result of a declared national or state disas-
ter emergency

 
PURPOSE OR GENERAL IDEA OF BILL:

This legislation would codify in state law the prevention of the of the
execution, garnishment or attachment of any federal or state stimulus
check result of a declared national or state disaster emergency

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1. The civil practice law and rules is amended by adding a new
section 5201-a to state no federal or state stimulus check that is the
result of a declared national or state disaster emergency shall be

subject to execution, garnishment, or attachment or any other legal
process whatsoever. It also defines stimulus check.

Section 2. The civil practice law and rules is amended by adding a new
section 6202-a to state no federal or state stimulus check that is the
result of a declared national or state disaster emergency shall be
subject to execution, garnishment, or attachment or any other legal
process whatsoever. It also defines stimulus check.

Section 3. Effective Date.

 
JUSTIFICATION:

Creditors should not receive a windfall, while hard working New Yorkers
are struggling to make ends meet. People are dealing with record unem-
ployment, making rent, paying off student loans, and other daily
expenses. The last thing that should happen is debt collectors freezing
your check and garnishing your stimulus check. Currently, about a third
of Americans or some 71 million adults have debt in collections, accord-
ing to the National Consumer Law Center.  This legislation would prevent
any creditors from being able to garnish any federal or state stimulus
check that is the result of a declared national or state emergency,
including any Coronavirus stimulus checks. If this is done, banks cannot
freeze payments, as they will automatically be identified as subject to
the garnishment protections under state and federal law.

 
PRIOR LEGISLATIVE HISTORY:

New Legislation

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S8250 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8250
 
                             I N  S E N A T E
 
                              April 27, 2020
                                ___________
 
 Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
 AN ACT to amend the civil practice law and rules, in relation to prohib-
   iting the execution, garnishment or attachment of any federal or state
   stimulus check that is the result of  a  declared  national  or  state
   disaster emergency

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The civil practice law and rules is amended by adding a new
 section 5201-a to read as follows:
   § 5201-A. FEDERAL OR STATE STIMULUS CHECKS; EXEMPT. 1.   NOTWITHSTAND-
 ING  ANY  OTHER PROVISION OF LAW, RULE OR REGULATION TO THE CONTRARY, NO
 FEDERAL OR STATE STIMULUS  CHECK  THAT  IS  THE  RESULT  OF  A  DECLARED
 NATIONAL  OR  STATE  DISASTER  EMERGENCY  SHALL BE SUBJECT TO EXECUTION,
 GARNISHMENT, OR ATTACHMENT OR ANY OTHER LEGAL PROCESS WHATSOEVER.
   2. FOR THE PURPOSES OF THIS ACT, THE TERM "STIMULUS CHECK" SHALL  MEAN
 ANY ECONOMIC IMPACT PAYMENT SENT BY THE GOVERNMENT TO TAXPAYERS TO BOOST
 THEIR SPENDING POWER AND SPUR ECONOMIC ACTIVITY.
   §  2.  The  civil  practice  law  and rules is amended by adding a new
 section 6202-a to read as follows:
   § 6202-A. FEDERAL OR STATE STIMULUS CHECKS; EXEMPT. 1.   NOTWITHSTAND-
 ING  ANY  OTHER PROVISION OF LAW, RULE OR REGULATION TO THE CONTRARY, NO
 FEDERAL OR STATE STIMULUS  CHECK  THAT  IS  THE  RESULT  OF  A  DECLARED
 NATIONAL  OR  STATE  DISASTER  EMERGENCY  SHALL BE SUBJECT TO EXECUTION,
 GARNISHMENT, OR ATTACHMENT OR ANY OTHER LEGAL PROCESS WHATSOEVER.
   2. FOR THE PURPOSES OF THIS ACT, THE TERM "STIMULUS CHECK" SHALL  MEAN
 ANY ECONOMIC IMPACT PAYMENT SENT BY THE GOVERNMENT TO TAXPAYERS TO BOOST
 THEIR SPENDING POWER AND SPUR ECONOMIC ACTIVITY.
   § 3. This act shall take effect immediately.
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD16210-01-0

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