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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

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Archive: Last Bill Status - In Senate Committee Judiciary Committee

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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

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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