senate Bill S5923

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

Current Bill Status Via A6617 - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

view actions (13)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
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

S5923 - Details

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

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

view additional co-sponsors

S5923A (ACTIVE) - Details

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

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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