senate Bill S3710

Relates to extensions of state and local deadlines following a state disaster emergency

download pdf

Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

  • 02 / Mar / 2011
    • REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
  • 02 / Jun / 2011
    • 1ST REPORT CAL.984
  • 06 / Jun / 2011
    • 2ND REPORT CAL.
  • 07 / Jun / 2011
    • ADVANCED TO THIRD READING
  • 13 / Jun / 2011
    • PASSED SENATE
  • 13 / Jun / 2011
    • DELIVERED TO ASSEMBLY
  • 13 / Jun / 2011
    • REFERRED TO GOVERNMENTAL OPERATIONS
  • 04 / Jan / 2012
    • DIED IN ASSEMBLY
  • 04 / Jan / 2012
    • RETURNED TO SENATE
  • 04 / Jan / 2012
    • REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
  • 12 / Jun / 2012
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 12 / Jun / 2012
    • ORDERED TO THIRD READING CAL.1148
  • 12 / Jun / 2012
    • PASSED SENATE
  • 12 / Jun / 2012
    • DELIVERED TO ASSEMBLY
  • 12 / Jun / 2012
    • REFERRED TO GOVERNMENTAL OPERATIONS

Summary

Relates to extensions of state and local deadlines following a state disaster emergency; adds school district to the list of municipality and district corporations; further relates to the prerequisites, time and scope thereof.

do you support this bill?

Bill Details

Versions:
S3710
Legislative Cycle:
2011-2012
Current Committee:
Law Section:
State Government, Reorganization of
Laws Affected:
Amd Chap 15 of 1998
Versions Introduced in Previous Legislative Cycles:
2009-2010: S2644B
2007-2008: S3795

Sponsor Memo

BILL NUMBER:S3710

TITLE OF BILL:
An act
to amend chapter 15 of the laws of 1998 relating to authorizing
the extension of
state and local deadlines following a state disaster emergency, in
relation to the prerequisites, time and scope thereof

PURPOSE:
To clarify and improve the provisions of law relating to the extension
of governmental deadlines following a state disaster emergency.

SUMMARY OF PROVISIONS:
Section one would amend Chapter 15 of the Laws of 1998, which
authorizes the Governor to extend various governmental deadlines
following a state disaster emergency, to: (1) eliminate the
requirement that the Governor receive a request from the chief
executive officer of any affected municipal or district corporation
before extending a deadline therein, (2) allow the extension to be
limited to certain classes or categories of persons or entities
within the affected area, (3) allow the Order to specify the date on
which the extension will end (with the possibility of further
extensions being granted by subsequent Orders), and (4) clarify that
such extensions may apply to school districts.

Section two provides that the bill would take effect immediately and
shall be deemed to have been in effect on and after September 11, 2001.

JUSTIFICATION:
Ever since the horrific terrorist attack on the World Trade Center of
September 11, 2001, the State has been helping the innocent victims
and their families in every way it can. One such effort was embodied
in Executive Order No. 113.25-A, which extended local real property
tax deadlines throughout the State. In the course of preparing this
Order, it became apparent that a well intentioned measure enacted in
1998 to allow the Governor to waive numerous State and local
deadlines contained a number of shortcomings. This bill will resolve
those issues so that emergencies may be dealt with more effectively.

The existing law in question, Chapter 15 of the Laws of 1998, was
passed in the wake of the severe ice storm that devastated the North
Country.It quite satisfactorily addressed the needs that arose from
that emergency, but as long-term enactment, it suffers from various
shortcomings, most notably:

(1) The Governor's authority to issue an Executive Order to extend a
deadline is contingent upon receiving a request from the Chief
Executive Officer of the appropriate jurisdiction, which may not
always be practical.

(2) Any such extension must remain in effect at least until the state
Disaster Emergency is rescinded, and in some cases beyond that date.
This may not always be appropriate.

(3) The Governor has no express authority to limit the relief to those
who actually were victims of, or otherwise impacted by, the
emergency. It is absurd (and costly) to give everyone in a community
an extension when there may be only a handful of people who genuinely
need it.

Therefore, this bill would address these shortcomings by enabling the
Governor to address an emergency by: (a) extending a State Disaster
Emergency without a request from a locality's chief executive officer;
(b) limiting the extension to certain classes or categories; (c)
specifying the date on which the extension will end; and (d) applying
such extensions to school districts.

PRIOR LEGISLATIVE HISTORY:

2010: S.2644B Held in Veterans, Homeland Security & Military Affairs

FISCAL IMPLICATIONS:

Due to the unpredictable nature of disaster emergencies, the costs of
this bill cannot be precisely estimated.

EFFECTIVE DATE:
Immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3710

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              March 2, 2011
                               ___________

Introduced  by  Sen.  ADAMS  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Veterans, Homeland Securi-
  ty and Military Affairs

AN ACT to amend chapter 15 of the laws of 1998 relating  to  authorizing
  the  extension of state and local deadlines following a state disaster
  emergency, in relation to the prerequisites, time and scope thereof

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Chapter 15 of the laws of 1998 relating to authorizing the
extension of state and local deadlines following a state disaster  emer-
gency, is amended to read as follows:
  Section  1. Notwithstanding any other provision of law to the contrary
which relates to the collection of  real  property  taxes,  fees,  civil
fines  or  other  moneys  owed to a municipal or district corporation OR
SCHOOL DISTRICT, to the imposition of penalties or interest therefor for
a late payment, or to the filing of an  application,  report,  or  other
document,  form or other paper necessary for the processing of an appli-
cation or other process to fulfill requirements to qualify for, or  meet
a  condition  of a government assistance program for persons, businesses
or corporations, higher education loans, grants or financial assistance,
licenses, registrations or any other programs administered by a  munici-
pal  or district corporation OR SCHOOL DISTRICT, during a state disaster
emergency as defined by section 20 of the executive  law,  the  governor
may,  by  executive order issued upon the request of the chief executive
officer of a municipal or district corporation OR SCHOOL DISTRICT in the
affected area, extend the deadline for payment of any such  moneys  owed
or  for  the  filing  of any such applications, reports, or documents by
persons residing or located in such areas OR BY CERTAIN CLASSES OR CATE-
GORIES OF PERSONS OR ENTITIES WITHIN THE AFFECTED AREAS, which  are  due
during  such  state disaster emergency from the date the executive order
is issued until the date the governor, in consultation with the director

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04031-02-1

S. 3710                             2

of state operations, rescinds the executive  order  which  declared  the
state disaster emergency; provided that the governor, after consultation
with  the  chief  executive  officer of the municipal or district corpo-
ration OR SCHOOL DISTRICT in the affected area, may extend such deadline
for a period of up to thirty days by so providing in the executive order
declaring  that  the  state  disaster  emergency  has  ceased; provided,
further, that no interest or penalties shall accrue during  such  exten-
sion  period;  provided,  however,  that the governor may order that the
extension period provided for in this section shall not be applicable to
certain reporting requirements mandated under  state  law,  the  primary
purpose  of which is to protect the health, safety or general welfare of
the public from an imminent threat or danger.
  S 2. Notwithstanding any other provision of law to the  contrary,  any
deadline or date set by state law or regulation for the payment of fees,
civil  fines  or  other  moneys owed to the state, for the imposition of
penalties or interest therefor for a late payment made after such  date,
or  for  the filing of an application, report or other document, form or
other paper necessary for the processing  of  an  application  or  other
process  to fulfill requirements of, qualify for, or meet a condition of
a government assistance program for persons, businesses,  municipalities
or corporations, higher education loans, grants or financial assistance,
licenses,  registrations  or  any  other programs, administered by state
government agencies, divisions, departments  or  offices,  shall,  where
such  deadline  or  date  occurs  during  a  state disaster emergency as
defined by section 20 of the executive law,  upon  the  issuance  of  an
executive  order  declaring  a state disaster emergency, be extended for
persons residing or located in the affected areas OR FOR CERTAIN CLASSES
OR CATEGORIES OF PERSONS OR ENTITIES WITHIN THE AFFECTED  AREAS,  for  a
period  of  time  from the date of the executive order declaring a state
disaster emergency to the date that the governor, in  consultation  with
the director of state operations, rescinds the executive order declaring
the state disaster emergency; provided that the governor may extend such
deadline for a period of up to thirty days by so providing in the execu-
tive  order  declaring  that  the  state  disaster emergency has ceased;
provided, however, that the governor may order that the extension period
provided for in this section shall not be applicable to certain  report-
ing  requirements mandated under state law, the primary purpose of which
is to protect the health, safety or general welfare of the  public  from
an imminent threat or danger.
  S  3. Where the provisions of this act have been invoked in connection
with a state disaster emergency declared  by  the  governor,  the  state
shall  provide aid to each affected municipal or district corporation OR
SCHOOL DISTRICT, whichever is appropriate, to compensate it for the loss
of interest or other investment income reasonably  attributable  to  the
extension  of the period for the payment of moneys; provided, that in no
case shall such aid exceed the moneys that  would  have  been  collected
during the extension period or periods declared by the governor pursuant
to  section one of this act, which shall not exceed thirty days from the
date that the governor rescinded the executive order declaring  a  state
disaster  emergency,  multiplied  by  an annualized interest rate of six
percent. Such aid shall be payable upon the audit  and  warrant  of  the
comptroller.
  S  4.  NOTWITHSTANDING THE PROVISIONS OF SECTIONS ONE THROUGH THREE OF
THIS ACT, THE GOVERNOR MAY, WHENEVER HE OR SHE DETERMINES THAT  A  STATE
DISASTER EMERGENCY SO REQUIRES: (1) ISSUE AN EXECUTIVE ORDER EXTENDING A
DEADLINE  IN  AN  AFFECTED  MUNICIPAL  OR DISTRICT CORPORATION OR SCHOOL

S. 3710                             3

DISTRICT WITHOUT A REQUEST THEREFOR FROM THE CHIEF EXECUTIVE OFFICER  OF
SUCH  MUNICIPAL  OR  DISTRICT CORPORATION OR SCHOOL DISTRICT, (2) DIRECT
THAT AN EXTENSION PERIOD SHALL END ON A DATE CERTAIN, WHICH  DATE  SHALL
BE  SPECIFIED IN THE EXECUTIVE ORDER INITIALLY DIRECTING SUCH EXTENSION,
PROVIDED THAT THE EXTENSION PERIOD SO GRANTED MAY BE FURTHER EXTENDED BY
ONE OR MORE SUBSEQUENT ORDERS, OR (3) ACT IN ACCORDANCE WITH BOTH OF THE
FOREGOING PROVISIONS OF THIS SECTION.
  S 5. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after January 7, 1998.
  S 2. This act shall take effect immediately.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.