senate Bill S4554A

Signed By Governor
2013-2014 Legislative Session

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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Archive: Last Bill Status Via A6725 - Signed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Sep 27, 2013 signed chap.350
Sep 16, 2013 delivered to governor
Jun 17, 2013 returned to assembly
passed senate
3rd reading cal.496
substituted for s4554a
Jun 17, 2013 substituted by a6725a
May 06, 2013 advanced to third reading
May 01, 2013 2nd report cal.
Apr 30, 2013 1st report cal.496
Apr 23, 2013 print number 4554a
amend and recommit to local government
Apr 10, 2013 referred to local government

Votes

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Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

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S4554 - Bill Details

See Assembly Version of this Bill:
A6725A
Law Section:
Counties

S4554 - Bill Texts

view 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.

view 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

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                    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.

Co-Sponsors

view additional co-sponsors

S4554A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A6725A
Law Section:
Counties

S4554A (ACTIVE) - Bill Texts

view 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.

view 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


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                    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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