senate Bill S2814

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

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Bill Status


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

  • 24 / Jan / 2013
    • REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
  • 12 / Mar / 2013
    • REPORTED AND COMMITTED TO FINANCE
  • 17 / Jun / 2013
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 17 / Jun / 2013
    • ORDERED TO THIRD READING CAL.1379
  • 17 / Jun / 2013
    • PASSED SENATE
  • 17 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 17 / Jun / 2013
    • 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.

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Bill Details

Versions:
S2814
Legislative Cycle:
2013-2014
Current Committee:
Law Section:
State Government, Reorganization of
Laws Affected:
Amd Chap 15 of 1998
Versions Introduced in Previous Legislative Cycles:
2011-2012: S3710
2009-2010: S2644B
2007-2008: S3795

Sponsor Memo

BILL NUMBER:S2814

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 emergen-
cy.

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) clar-
ify 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 inno-
cent 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 dead-
lines 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 practi-
cal.

(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) speci-
fying 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 emer-
gencies, 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
________________________________________________________________________

                                  2814

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 24, 2013
                               ___________

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.
                                                           LBD06022-01-3

S. 2814                             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. 2814                             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.

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