NY State Senate Bill 2021-S6050

Senate Bill S6050

2021-2022 Legislative Session

Exempts federal or state stimulus checks that are the result of a declared national or state disaster emergency from money judgments

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to judiciary
Mar 31, 2021	referred to judiciary

2021-S6050 (ACTIVE) - Details

Current Committee:: Senate Judiciary
Law Section:: Civil Practice Law and Rules
Laws Affected:: Amd §5205, CPLR
Versions Introduced in 2019-2020 Legislative Session:: S8250

2021-S6050 (ACTIVE) - Summary

Exempts any federal or state stimulus check that is the result of a declared national or state disaster emergency from money judgment; defines the term "stimulus check" shall mean any economic impact payment sent by the government to taxpayers.

2021-S6050 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6050

SPONSOR: REICHLIN-MELNICK
 
TITLE OF BILL:

An act to amend the civil practice law and rules, in relation to exempt-
ing any federal or state stimulus check that is the result of a declared
national or state disaster emergency from money judgments

 
PURPOSE:

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 PROVISIONS:

Section 1. Establishes that no federal or state stimulus check resulting
from a declared national or state disaster emergency shall be subject to
execution, garnishment, or attachment or any other legal process. Howev-
er, this section also provides an exception to this protection in

instances where a court determines some part of the funds are unneces-
sary for the reasonable requirements of the judgment debtor and the
debtor's dependents.

Section 2. Establishes the 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 expens-
es.The last thing that should happen is debt collectors garnishing your
stimulus check. Currently, about a third of Americans or some 71 million
adults have debt in collections, according 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.

 
LEGISLATIVE HISTORY:

2019-20: S8250 - referred to Judiciary

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
Immediately.

2021-S6050 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6050
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 31, 2021
                                ___________
 
 Introduced  by  Sen. REICHLIN-MELNICK -- 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 exempt-
   ing any federal or state stimulus  check  that  is  the  result  of  a
   declared national or state disaster emergency from money judgments

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 5205 of the civil practice law and rules is amended
 by adding a new subdivision (p) to read as follows:
   (P) EXEMPTION FOR FEDERAL OR STATE STIMULUS CHECKS. 1. 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,  EXCEPT SUCH PART AS A COURT
 DETERMINES TO BE UNNECESSARY FOR  THE  REASONABLE  REQUIREMENTS  OF  THE
 JUDGMENT DEBTOR AND THE DEBTOR'S DEPENDENTS.
   2.  FOR  THE  PURPOSES  OF THIS SUBDIVISION, THE TERM "STIMULUS CHECK"
 SHALL MEAN ANY ECONOMIC IMPACT PAYMENT SENT BY THE GOVERNMENT TO TAXPAY-
 ERS.
   § 2. This act shall take effect immediately.
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08371-02-1

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