senate Bill S9022

2019-2020 Legislative Session

Relates to establishing a temporary state assistance fund to provide legal counsel in certain bankruptcy proceedings and providing for the administration thereof

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Rules Committee


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

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Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Oct 02, 2020 referred to rules

S9022 (ACTIVE) - Details

See Assembly Version of this Bill:
A11084
Current Committee:
Senate Rules
Law Section:
Executive Law
Laws Affected:
Add §94-d, Exec L

S9022 (ACTIVE) - Summary

Establishes a temporary state assistance fund to provide legal counsel for bankruptcy proceedings under chapter eleven of the federal bankruptcy code and provides for the administration thereof.

S9022 (ACTIVE) - Sponsor Memo

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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