Assembly Bill A6617A

Signed By Governor
2021-2022 Legislative Session

Exempts COVID-19 stimulus relief for individuals and families with children from money judgments

download bill text pdf

Sponsored By

Archive: Last Bill Status - Signed by Governor


  • 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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Actions

Bill Amendments

co-Sponsors

multi-Sponsors

2021-A6617 - Details

See Senate Version of this Bill:
S5923
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §§5205, 5222 & 5222-a, CPLR; amd §9-g, Bank L; amd §3, D & C L

2021-A6617 - Summary

Exempts COVID-19 stimulus relief for individuals and families with children from money judgments; provides that in services of notices, forms, and procedures for claims of exemptions that a restraining notice or notice of levy by execution issued against a bank account shall have language to inform the holder of such account that funds for COVID-19 stimulus relief for individuals and families with children are exempt and cannot be taken.

2021-A6617 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6617
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 22, 2021
                                ___________
 
 Introduced  by  M.  of  A.  WEINSTEIN, JOYNER, CAHILL, GALEF, GOTTFRIED,
   MAGNARELLI -- Multi-Sponsored by -- M. of A. ABINANTI, AUBRY, BENEDET-
   TO, BICHOTTE HERMELYN, BRONSON, BURDICK,  BURGOS,  CLARK,  CYMBROWITZ,
   DICKENS,  DILAN,  DINOWITZ, ENGLEBRIGHT, EPSTEIN, FAHY, FORREST, FRON-
   TUS,  HYNDMAN,   LAVINE,   McDONALD,   McMAHON,   O'DONNELL,   PAULIN,
   PEOPLES-STOKES,  PERRY,  PICHARDO,  RAJKUMAR, J. RIVERA, D. ROSENTHAL,
   L. ROSENTHAL, SEPTIMO,  SILLITTI,  SIMON,  STECK,  TAYLOR,  ZEBROWSKI,
   ZINERMAN -- read once and referred to the Committee on Codes
 
 AN  ACT  to  amend the civil practice law and rules, the banking law and
   the debtor and creditor law, in relation to exempting COVID-19  stimu-
   lus relief for individuals and families with children from money judg-
   ments
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph 2 of subdivision (l) of section 5205 of the civil
 practice law and rules, as amended by chapter 24 of the laws of 2009, is
 amended and a new subdivision (p) is added to read as follows:
   2. For purposes of this article, "statutorily exempt  payments"  means
 any  personal  property exempt from application to the satisfaction of a
 money judgment under any provision of state or federal  law.  Such  term
 shall include, but not be limited to, payments from any of the following
 sources: social security, including retirement, survivors' and disabili-
 ty  benefits,  supplemental  security  income or child support payments;
 veterans administration benefits; public  assistance;  workers'  compen-
 sation;  unemployment  insurance;  public  or private pensions; railroad
 retirement; [and] black lung benefits; AND EMERGENCY RELIEF FUNDS.
   (P) EXEMPTION FOR EMERGENCY RELIEF FUNDS. ANY PAYMENTS TO INDIVIDUALS,
 INCLUDING TAX REFUNDS, RECOVERY REBATES, REFUNDABLE TAX CREDITS, AND ANY
 ADVANCES OF ANY TAX CREDITS, UNDER THE FEDERAL FAMILIES FIRST  CORONAVI-
 RUS RESPONSE ACT (FFCRA), CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY
 ACT  OF  2020  (CARES ACT), CONSOLIDATED APPROPRIATIONS ACT OF 2021, AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

multi-Sponsors

2021-A6617A (ACTIVE) - Details

See Senate Version of this Bill:
S5923
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §§5205, 5222 & 5222-a, CPLR; amd §9-g, Bank L; amd §3, D & C L

2021-A6617A (ACTIVE) - Summary

Exempts COVID-19 stimulus relief for individuals and families with children from money judgments; provides that in services of notices, forms, and procedures for claims of exemptions that a restraining notice or notice of levy by execution issued against a bank account shall have language to inform the holder of such account that funds for COVID-19 stimulus relief for individuals and families with children are exempt and cannot be taken.

2021-A6617A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6617--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 22, 2021
                                ___________
 
 Introduced  by  M.  of  A.  WEINSTEIN, JOYNER, CAHILL, GALEF, GOTTFRIED,
   MAGNARELLI, JACKSON, MITAYNES  --  Multi-Sponsored  by  --  M.  of  A.
   ABINANTI,   AUBRY,  BENEDETTO,  BICHOTTE HERMELYN,  BRONSON,  BURDICK,
   BURGOS, CLARK,  CYMBROWITZ,  DICKENS,  DILAN,  DINOWITZ,  ENGLEBRIGHT,
   EPSTEIN,  FAHY,  FORREST, FRONTUS, HYNDMAN, LAVINE, MAMDANI, McDONALD,
   McMAHON, O'DONNELL, PAULIN, PEOPLES-STOKES, PERRY, PICHARDO, RAJKUMAR,
   J. RIVERA,  D. ROSENTHAL,  L. ROSENTHAL,  SEPTIMO,  SILLITTI,   SIMON,
   STECK,  TAYLOR,  ZEBROWSKI,  ZINERMAN -- read once and referred to the
   Committee on Codes --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend the civil practice law and rules, the banking law and
   the debtor and creditor law, in relation to exempting COVID-19  stimu-
   lus relief for individuals and families with children from money judg-
   ments
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph 2 of subdivision (l) of section 5205 of the civil
 practice law and rules, as amended by chapter 24 of the laws of 2009, is
 amended and a new subdivision (p) is added to read as follows:
   2. For purposes of this article, "statutorily exempt  payments"  means
 any  personal  property exempt from application to the satisfaction of a
 money judgment under any provision of state or federal  law.  Such  term
 shall include, but not be limited to, payments from any of the following
 sources: social security, including retirement, survivors' and disabili-
 ty  benefits,  supplemental  security  income or child support payments;
 veterans administration benefits; public  assistance;  workers'  compen-
 sation;  unemployment  insurance;  public  or private pensions; railroad
 retirement; [and] black lung benefits; AND EMERGENCY RELIEF FUNDS.
   (P) EXEMPTION FOR EMERGENCY RELIEF FUNDS. ANY PAYMENTS TO INDIVIDUALS,
 INCLUDING TAX REFUNDS, RECOVERY REBATES, REFUNDABLE TAX CREDITS, AND ANY
 ADVANCES OF ANY TAX CREDITS, UNDER THE FEDERAL FAMILIES FIRST  CORONAVI-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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