|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jun 17, 2013||
referred to governmental operations
delivered to assembly
ordered to third reading cal.1379
committee discharged and committed to rules
|Mar 12, 2013||
reported and committed to finance
|Jan 24, 2013||
referred to veterans, homeland security and military affairs
senate Bill S2814
Relates to extensions of state and local deadlines following a state disaster emergency
Archive: Last Bill Status - Passed Senate
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
view actions (7)
Jun 17, 2013 - floor VoteS2814630floor63Aye0Nay0Absent0Excused0Abstained
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Floor Vote: Jun 17, 2013aye (63)
Jun 17, 2013 - Rules committee VoteS2814240committee24Aye0Nay0Aye with Reservations0Absent1Excused0Abstained
Mar 12, 2013 - Veterans, Homeland Security and Military Affairs committee VoteS2814130committee13Aye0Nay0Aye with Reservations0Absent0Excused0Abstained
- show floor vote details
S2814 - Bill Details
S2814 - Bill Texts
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.
view sponsor memo
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
PURPOSE: To clarify and improve the provisions of law relating to the
extension of governmental deadlines following a state disaster emergen-
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
(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-
(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.
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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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