Assembly Actions - Lowercase Senate Actions - UPPERCASE |
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---|---|
May 13, 2021 | signed chap.107 |
May 11, 2021 | delivered to governor |
Apr 28, 2021 | returned to assembly passed senate 3rd reading cal.695 substituted for s5923a |
Apr 28, 2021 | substituted by a6617a |
Apr 26, 2021 | advanced to third reading |
Apr 21, 2021 | 2nd report cal. |
Apr 20, 2021 | 1st report cal.695 |
Mar 29, 2021 | print number 5923a |
Mar 29, 2021 | amend and recommit to judiciary |
Mar 23, 2021 | referred to judiciary |
senate Bill S5923A
Signed By GovernorSponsored By
Kevin Thomas
(D) 6th Senate District
Archive: Last Bill Status Via A6617 - Signed by Governor
- Introduced
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed by Governor
Your Voice
Actions
Votes
Bill Amendments
S5923 - Details
- See Assembly Version of this Bill:
- A6617
- 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
S5923 - 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.
S5923 - Sponsor Memo
BILL NUMBER: S5923 Revised 3/23/2021 SPONSOR: THOMAS TITLE OF BILL: 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 stimulus relief for individuals and families with children from money judgments PURPOSE OR GENERAL IDEA OF BILL: To protect payments made to individuals under prescribed emergency relief statutes, which are intended to help New Yorkers during unprecedented loss of employment and other detrimental economic impacts, from collection to satisfy money judgments, from set off, and from transfer or assignment. SUMMARY OF SPECIFIC PROVISIONS: Section 1 of the bill amends section 5205 of the civil practice law and rules to make all payments made to individuals under prescribed federal
S5923 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5923 2021-2022 Regular Sessions I N S E N A T E March 23, 2021 ___________ Introduced by Sen. THOMAS -- 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, 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 AMERICAN RESCUE PLAN ACT OF 2021 (ARPA), EXCEPT PAYMENTS LEVIED AS OF THE EFFECTIVE DATE, ARE EXEMPT FROM APPLICATION TO THE SATISFACTION OF A MONEY JUDGMENT. § 2. Subdivision (e) of section 5222 of the civil practice law and rules, as amended by chapter 575 of the laws of 2008, is amended to read as follows: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
Co-Sponsors
Alessandra Biaggi
(D, WF) 0 Senate District
Jabari Brisport
(D, WF) 25th Senate District
John E. Brooks
(D) 0 Senate District
Leroy Comrie
(D) 14th Senate District
S5923A (ACTIVE) - Details
- See Assembly Version of this Bill:
- A6617
- 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
S5923A (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.
S5923A (ACTIVE) - Sponsor Memo
BILL NUMBER: S5923A Revised 3/26/21 SPONSOR: THOMAS TITLE OF BILL: 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 stimulus relief for individuals and families with children from money judgments PURPOSE OF BILL: To protect payments made to individuals under prescribed emergency relief statutes, which are intended to help New Yorkers during unprecedented loss of employment and other detrimental economic impacts, from collection to satisfy money judgments, from set off, and from transfer or assignment. SUMMARY OF PROVISIONS: Section 1 of the bill amends section 5205 of the civil practice law and rules to make all payments made to individuals under prescribed federal
S5923A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5923--A 2021-2022 Regular Sessions I N S E N A T E March 23, 2021 ___________ Introduced by Sen. THOMAS -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary -- 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- RUS RESPONSE ACT (FFCRA), CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY ACT OF 2020 (CARES ACT), CONSOLIDATED APPROPRIATIONS ACT OF 2021, AND AMERICAN RESCUE PLAN ACT OF 2021 (ARPA) ARE EXEMPT FROM APPLICATION TO THE SATISFACTION OF A MONEY JUDGMENT. THIS EXEMPTION SHALL NOT APPLY (I) IF THE DEBT ENFORCED IS FOR CHILD SUPPORT, SPOUSAL SUPPORT, MAINTE- NANCE, ALIMONY, A DISTRIBUTIVE AWARD IN A MATRIMONIAL ACTION, OR RESTI- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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