senate Bill S5796

Signed By Governor
2013-2014 Legislative Session

Authorizes a city of one million or more in population in the Hurricane Sandy federal disaster area to grant exemptions to filing fees related to federal Small Business Administration Disaster Loans

download bill text pdf

Sponsored By

Archive: Last Bill Status - Signed by Governor


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

do you support this bill?

Actions

view actions (11)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Sep 27, 2013 signed chap.380
Sep 17, 2013 delivered to governor
Jun 20, 2013 returned to senate
passed assembly
ordered to third reading rules cal.573
substituted for a7996
Jun 17, 2013 referred to ways and means
delivered to assembly
passed senate
ordered to third reading cal.1412
Jun 14, 2013 referred to rules

Votes

view votes

Co-Sponsors

S5796 - Bill Details

See Assembly Version of this Bill:
A7996
Law Section:
New York City

S5796 - Bill Texts

view summary

Authorizes a city with a population of one million or more in the Hurricane Sandy federal disaster area to grant exemptions for 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:S5796

TITLE OF BILL:
An act
to authorize a certain city
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 New York City to grant reimbursements and exemptions for
filing fees related to federal Small Business Administration Loans
extended to the Hurricane Sandy federal disaster area.

SUMMARY OF PROVISIONS:

Section 1 titles the bill the Hurricane Sandy Filing Fee Exemption and
Reimbursement Act.

Section 2 defines "eligible city."

Section 3 permits the city council to enact a resolution to adopt
provisions of the act.

Section 4 exempts filing fees charged by county clerks or the city
register between October 28, 2012 and December 31, 2013 associated
with US Small Business Administration Disaster Loans.

Section 5 requires county clerk offices and the city register to
reimburse filing fees associated with US Small Business
Administration Disaster Loans paid between October 28, 2012 and
December 31, 2013 to filers.

Section 6 requires the county clerk or the city register to reimburse
filing fees associated with US Small Business Administration Disaster
Loans paid between October 28, 2012 and December 31, 2013 to filers.

Section 7 provides that this act shall take effect immediately.

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 city register to issue refunds to those real property owners
that have already paid such filing fees.


LEGISLATIVE HISTORY:

New bill

FISCAL IMPLICATIONS:

Minimal to the State

EFFECTIVE DATE:

This act shall take effect immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5796

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 14, 2013
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to authorize a certain  city  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 "New York city Hurricane Sandy filing fee exemption  and  reimburse-
ment act".
  S  2.  As used in this act, "eligible city" shall mean a city having a
population of one million or more which has been included in the federal
disaster declarations for Hurricane Sandy.
  S 3.  The provisions of this act shall only apply to an eligible city,
and only where the city council of such city,  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, or the office of  the
city  register, between the period beginning October 28, 2012 and ending
December 31, 2013 related to a U.S. Small Business Administration Disas-
ter Loan as defined in 15 USCS S636(b)(1) within an eligible city  where
the city council 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 or the office of the city register, between the period  beginning
October 28, 2012 and ending December 31, 2013 due to any filings related
to  a  U.S. Small Business Administration Disaster Loan as defined in 15
USCS S636(b)(1) within an eligible  city  where  the  city  council  has

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11509-01-3

S. 5796                             2

enacted a resolution pursuant to this act, shall receive a reimbursement
of all such fees.
  S  6. Before any reimbursement is paid, the county clerk or the office
of the city register shall notify the commissioner of education in writ-
ing 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 eligible city within fifteen days of notice. Upon receipt of such
payment  from  the  commissioner  of  education  the county clerk or the
office of the city register shall reimburse the full amount of fees paid
to an eligible person or entity pursuant to this act.
  S 7. This act shall take effect immediately.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.