senate Bill S4554A

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

See Assembly Version of this Bill:
A6725A
Versions:
S4554
S4554A
Legislative Cycle:
2013-2014
Law Section:
Counties

Votes

9
0
9
Aye
0
Nay
0
aye with reservations
0
absent
0
excused
0
abstained
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Sponsor Memo

BILL NUMBER:S4554A

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)(1) 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 additional 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--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 10, 2013
                               ___________

Introduced by Sens. SKELOS, BOYLE, FUSCHILLO, HANNON, MARCELLINO, ZELDIN
  -- read twice and ordered printed, and when printed to be committed to
  the  Committee  on  Local  Government  --  committee  discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

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.    The provisions of this act shall only apply to eligible coun-
ties, and only where the governing body of such a county, within 30 days
of the effective date of this act, has enacted 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)  within  an  eligible  county  that  has enacted a resolution
pursuant to this act 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) within an  eligi-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09823-02-3

S. 4554--A                          2

ble  county  that  has  enacted  a resolution pursuant to this act 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
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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