NY State Senate Bill 2013-S5796

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

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Archive: Last Bill Status - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	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

- Jun 17, 2013 - Floor Vote
  S5796
  
  63
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 17, 2013
      
      aye (63)
      
      Adams
      
      Addabbo Jr.
      
      Avella
      
      Ball
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Fuschillo
      
      Gallivan
      
      Gianaris
      
      Gipson
      
      Golden
      
      Griffo
      
      Grisanti
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Libous
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Maziarz
      
      Montgomery
      
      Nozzolio
      
      O'Brien
      
      O'Mara
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sampson
      
      Sanders Jr.
      
      Savino
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tkaczyk
      
      Valesky
      
      Young
      
      Zeldin
  Jun 17, 2013 - Rules Committee Vote
  S5796
  
  23
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 17, 2013
      
      aye (23)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      Dilan
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Gianaris
      
      Hannon
      
      Hassell-Thompson
      
      LaValle
      
      Larkin
      
      Libous
      
      Marcellino
      
      Maziarz
      
      Montgomery
      
      Nozzolio
      
      Perkins
      
      Seward
      
      Skelos
      
      Stewart-Cousins
      
      Valesky
      
      aye wr (1)
      
      Krueger
      
      excused (1)
      
      Parker

co-Sponsors

2013-S5796 (ACTIVE) - Details

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

2013-S5796 (ACTIVE) - 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.

2013-S5796 (ACTIVE) - 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.

2013-S5796 (ACTIVE) - Bill 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.

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Senate Bill S5796

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Sponsored By

Martin J. Golden