|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Oct 02, 2020||referred to rules|
senate Bill S9022
Current Bill Status - In Senate Committee Rules Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S9022 (ACTIVE) - Details
S9022 (ACTIVE) - Sponsor Memo
BILL NUMBER: S9022 SPONSOR: BENJAMIN TITLE OF BILL: An act to amend the executive law, in relation to establishing a tempo- rary state assistance fund to provide legal counsel in certain bankrupt- cy proceedings and providing for the administration thereof PURPOSE OF BILL: To provide free legal counsel for small businesses adversely affected by the COVID-19 so that they may take advantage of recently expanded feder- al bankruptcy protections. Such fund is necessary to ensure that small businesses reorganize debt and get a fresh start before the timeline closes on a greater debt threshold permitted under the federal CARES Act. SUMMARY OF SPECIFIC PROVISIONS: Section (1) provides this act shall be known as may be cited as the
S9022 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 9022 I N S E N A T E October 2, 2020 ___________ Introduced by Sen. BENJAMIN -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the executive law, in relation to establishing a tempo- rary state assistance fund to provide legal counsel in certain bank- ruptcy proceedings and providing for the administration thereof 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 "save merchants and retail tenants (SMART) act". § 2. The executive law is amended by adding a new section 94-d to read as follows: § 94-D. TEMPORARY STATE ASSISTANCE TO FUND LEGAL SERVICES IN CERTAIN BANKRUPTCY PROCEEDINGS. 1. DEFINITIONS. AS USED IN THIS SECTION: (A) "ADMINISTRATOR" MEANS THE NEW YORK OFFICE OF COURT ADMINISTRATION. (B) "COVERED BUSINESS" MEANS ANY SMALL BUSINESS, NOT-FOR-PROFIT CORPO- RATION, LIMITED PARTNERSHIP, LIMITED LIABILITY COMPANY, LIMITED LIABIL- ITY PARTNERSHIP, AS WELL AS OTHER MISCELLANEOUS BUSINESSES, WHICH CONDUCTS A MAJORITY OF ITS BUSINESS IN THE STATE AND WAS ADVERSELY AFFECTED BY COVID-19 OR PUBLIC HEALTH RESTRICTIONS ENFORCED BY THE STATE DURING THE COVID-19 PANDEMIC, WHICH ARE ELIGIBLE FOR RELIEF UNDER THE FEDERAL SMALL BUSINESS REORGANIZATION ACT, AS AMENDED BY THE CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY (CARES) ACT OF 2020, AND FILES FOR BANKRUPTCY PROTECTION UNDER SUCH ACT PRIOR TO MARCH TWENTY-SEVENTH, TWO THOUSAND TWENTY-ONE. (C) "BANKRUPTCY COURT" MEANS THE UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN, SOUTHERN, EASTERN OR WESTERN DISTRICT OF THE STATE. (D) "LEGAL SERVICES" MEANS INDIVIDUALIZED LEGAL ASSISTANCE IN A SINGLE CONSULTATION AND/OR ONGOING LEGAL REPRESENTATION, PROVIDED BY A LEGAL SERVICES PROVIDER TO A COVERED BUSINESS, AND ALL LEGAL ADVICE, ADVOCACY, AND ASSISTANCE ASSOCIATED WITH SUCH SERVICE. (E) "LEGAL SERVICES PROVIDER" MEANS AN INDIVIDUAL, ORGANIZATION, OR ASSOCIATION THAT HAS THE AUTHORITY TO PROVIDE LEGAL SERVICES AND IS DESIGNATED BY THE ADMINISTRATOR TO PROVIDE SUCH SERVICES. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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