senate Bill S4554

Amended

Authorizes counties in the Hurricane Sandy federal disaster area to grant exemptions to filing fees related to federal Small Business Administration Disaster Loans

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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

  • 10 / Apr / 2013
    • REFERRED TO LOCAL GOVERNMENT
  • 23 / Apr / 2013
    • AMEND AND RECOMMIT TO LOCAL GOVERNMENT
  • 23 / Apr / 2013
    • PRINT NUMBER 4554A
  • 30 / Apr / 2013
    • 1ST REPORT CAL.496
  • 01 / May / 2013
    • 2ND REPORT CAL.
  • 06 / May / 2013
    • ADVANCED TO THIRD READING
  • 17 / Jun / 2013
    • SUBSTITUTED BY A6725A

Summary

Authorizes counties in the Hurricane Sandy federal disaster area to grant exemptions to filing fees related to federal Small Business Administration Disaster Loans; provides for reimbursement of such fees that have been paid.

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Bill Details

Versions:
S4554
S4554A
Legislative Cycle:
2013-2014
Law Section:
Counties

Sponsor Memo

BILL NUMBER:S4554

TITLE OF BILL: An act to authorize counties included in the Hurricane
Sandy federal disaster area to grant exemptions for certain filing
fees and provide for reimbursement of such fees

PURPOSE:

To authorize counties in the Hurricane Sandy federal disaster area to
grant reimbursements and exemptions for filling fees related to
federal Small Business Administration Loans.

SUMMARY OF PROVISIONS:

Section 1 dedicates this legislation to be known as the "Hurricane
Sandy filing fee exemption and reimbursement act."

Section 2 defines which counties are eligible under this act.

Section 3 provided for a local opt-in provision by the county
governing body to participate in this act.

Section 4 establishes the period of time in which exemption from the
filing fees associated with the US Small Business Administration
Disaster Loan as defined by 15 USCS § 636(b)(l) is available.

Section 5 provides for a reimbursement of fees paid to the county
clerk by individuals in receipt of the US Small Business
Administration Disaster Loan.

Section 6 provides that the county clerk shall notify the Commissioner
of Education of any amount which have been collected pursuant to CPLR
§ 8021. Upon such notice, the Commissioner shall remit those amounts
to the respective county within fifteen (15) days of notice. Upon
receipt of such payment the county clerk or county treasurer shall
reimburse the full amount of fees paid to an eligible person or entity
pursuant to this act.

JUSTIFICATION:

As a result of the destruction to real property associated with
Hurricane Sandy many property owners applied and were granted Small
Business Administration (SBA) loans for the purpose of rebuilding and
rehabilitating their real property. These SBA loans are required to be
reported in the same manner as a mortgage with the respective county
clerks in which the real property is located. As such, the fees
associated with the filing process are imposed on the real property
owner. In an effort to provide some addition& relief to the real
property owner suffering from the devastation incurred from Hurricane
sandy, this legislation would exempt the real property owner from the
state portion of the required filing fees, as well as authorize the
county clerk or county treasurer to issue refunds to those real
property owners that have already paid the such filing fees.

LEGISLATIVE HISTORY:

This is a New Bill


FISCAL IMPLICATIONS:

Minimal to the State

EFFECTIVE DATE:

This act shall take effect immediately

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

                                  4554

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 10, 2013
                               ___________

Introduced  by  Sen.  SKELOS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government

AN ACT to authorize counties included in  the  Hurricane  Sandy  federal
  disaster  area to grant exemptions for certain filing fees and provide
  for reimbursement of such fees

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

  Section  1.  Short  title. This act shall be known and may be cited as
the "Hurricane Sandy filing fee exemption and reimbursement act".
  S 2. As used in this act, "eligible county" shall mean those  counties
which have been included in the federal disaster declarations for Hurri-
cane  Sandy,  but  shall  not  apply  to a city with a population of one
million or more.
  S 3. An eligible county may exercise the provisions of this act if its
governing body shall, by the thirtieth day following the effective  date
of this act, enact a resolution adopting the provisions of this act.
  S  4.  All  filings  with the county clerk's office between the period
beginning October 28, 2012 and ending December 31,  2013  related  to  a
U.S.  Small  Business Administration Disaster Loan as defined in 15 USCS
S636(b)(1) shall be exempt from any filing  fees  required  pursuant  to
sections 8019 and 8021 of the civil practice law and rules.
  S  5.  Any person or entity that paid filing fees required by sections
8019 and 8021 of the civil practice law and rules to the county  clerk's
office between the period beginning October 28, 2012 and ending December
31,  2013  due  to any filings related to a U.S. Small Business Adminis-
tration Disaster Loan as defined in 15 USCS S636(b)(1) shall  receive  a
reimbursement  of all such fees paid from the county clerk or the county
treasurer of the respective county where such filings occurred.
  S 6. Before any reimbursement is paid, the county clerk  shall  notify
the  commissioner of education in writing of any amounts which have been
collected on behalf of and remitted to  the  commissioner  of  education

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09823-01-3

S. 4554                             2

pursuant to section 8021 of the civil practice law and rules, which must
be  reimbursed  pursuant to this act. Upon such notice, the commissioner
of education shall remit such amounts to the  respective  county  within
fifteen  days  of  notice. Upon receipt of such payment from the commis-
sioner of education the county clerk or the county treasurer shall reim-
burse the full amount of fees paid  to  an  eligible  person  or  entity
pursuant to this act.
  S 7. This act shall take effect immediately.

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