NY State Senate Bill 2019-S8754

Senate Bill S8754

2019-2020 Legislative Session

Includes medical services, student loans, auto loans and retail installment contracts in the definition of consumer credit transaction

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 14, 2020	referred to rules

2019-S8754 (ACTIVE) - Details

See Assembly Version of this Bill:: A10767
Current Committee:: Senate Rules
Law Section:: Civil Practice Law and Rules
Laws Affected:: Amd §105, CPLR
Versions Introduced in Other Legislative Sessions:: 2021-2022: S505, S915, A3055
2023-2024: S586, A6672

2019-S8754 (ACTIVE) - Summary

Includes medical services, student loans, auto loans and retail installment contracts in the definition of "consumer credit transaction".

2019-S8754 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8754

SPONSOR: KRUEGER
 
TITLE OF BILL:

An act to amend the civil practice law and rules, in relation to includ-
ing medical services, student loans, auto loans and retail installment
contracts in the definition of "consumer credit transaction"

 
SUMMARY OF PROVISIONS:

Section 1 amends subdivision f of section 105 of the civil practice law
and rules by including debt incurred in connection with medical services
and student loans in the definition of consumer credit transaction

Section 2 provides the effective date

 
JUSTIFICATION:

Currently, all lawsuits filed by the State of New York for the
collection of student loan debt owed are brought in Albany County.  This

poses a significant burden on the student loan borrowers in areas away
from Albany to defend a lawsuit. It is not only a matter of having to
travel to Albany County to defend the case in person, but complicates
accessing potentially information located only in Albany County. It also
poses a problem for legal services lawyers and particularly lawyers
working for Legal Services Corporation programs because they don't
represent individuals in jurisdictions outside their service area.

NY CPLR sec. 503 requires a plaintiff to bring a case in the county or
city of the defendant's residence. Student debt (and medical debt) owed
to New York State are exempt from the definition of a consumer credit
transaction under CPLR sec. 105(f) because they are not considered debt
"for personal, family or household purposes" under the statute. This
bill eliminates that exemption for consumers' benefit.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
Immediately after becoming law.

2019-S8754 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8754
 
                             I N  S E N A T E
 
                               July 14, 2020
                                ___________
 
 Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the civil practice law and rules, in relation to includ-
   ing medical services, student loans, auto loans and retail installment
   contracts in the definition of "consumer credit transaction"
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  (f) of section 105 of the civil practice law
 and rules, as amended by chapter 238 of the laws of 1973, is amended  to
 read as follows:
   (f)  Consumer  credit  transaction.  The  term "consumer credit trans-
 action" means a transaction wherein credit is extended to an  individual
 and  the  money, property, or service which is the subject of the trans-
 action is primarily for personal,  family  or  household  purposes.    A
 CONSUMER  CREDIT  TRANSACTION INCLUDES DEBT INCURRED IN CONNECTION WITH,
 AMONG OTHERS, MEDICAL SERVICES, STUDENT LOANS WHETHER OWED TO THE  STATE
 OF NEW YORK OR OTHERWISE, AUTO LOANS AND RETAIL INSTALLMENT CONTRACTS.
   § 2. This act shall take effect immediately.
 
 
 
 
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD16861-01-0

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