NY State Senate Bill 2009-S2644

Archive: Last Bill Status - In Senate Committee Veterans, Homeland Security And Military Affairs Committee

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
Jan 06, 2010	referred to veterans, homeland security and military affairs returned to senate died in assembly
Apr 27, 2009	referred to governmental operations delivered to assembly passed senate
Apr 21, 2009	advanced to third reading
Apr 20, 2009	2nd report cal.
Apr 07, 2009	1st report cal.161
Mar 27, 2009	print number 2644b
Mar 27, 2009	amend and recommit to finance
Mar 17, 2009	print number 2644a
Mar 17, 2009	reported with amendments and committed to finance
Feb 26, 2009	committee discharged and committed to veterans, homeland security and military affairs
Feb 25, 2009	referred to investigations and government operations

Votes

- Apr 27, 2009 - Floor Vote
  S2644
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Apr 27, 2009
      
      aye (62)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Aubertine
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Flanagan
      
      Foley
      
      Fuschillo
      
      Golden
      
      Griffo
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Johnson
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Leibell
      
      Libous
      
      Little
      
      Marcellino
      
      Maziarz
      
      McDonald
      
      Monserrate
      
      Montgomery
      
      Morahan
      
      Nozzolio
      
      Onorato
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Perkins
      
      Ranzenhofer
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      Volker
      
      Winner
      
      Young

Bill Amendments

Original

B (Active)

2009-S2644 - Details

Current Committee:: Senate Veterans, Homeland Security And Military Affairs
Versions Introduced in Other Legislative Sessions:: 2011-2012: S3710
2013-2014: S2814, S6276
2015-2016: S2835
2017-2018: S2677
2019-2020: S4152
2021-2022: S4744
2023-2024: S5696

2009-S2644 - Summary

Relates to extensions of state and local deadlines following a state disaster emergency; adds school district to the list of municipality and district corporations; further relates to the prerequisites, time and scope thereof.

2009-S2644 - Sponsor Memo

                                 BILL NUMBER:  S2644

 TITLE OF BILL :
An act to amend chapter 15 of the laws of 1998 relating to authorizing
the extension of state and local deadlines following a state disaster
emergency, in relation to the prerequisites, time and scope thereof


 PURPOSE :
To clarify and improve the provisions of law relating to the extension
of governmental deadlines following a state disaster emergency

 SUMMARY OF PROVISIONS :
Section one would amend Chapter 15 of the Laws of 1998, which
authorizes the Governor to extend various governmental deadlines
following a state disaster emergency, to: (1) eliminate the
requirement that the Governor receive a request from the chief
executive officer of any affected municipal or district corporation
before extending a deadline therein, (2) allow the extension to be
limited to certain classes or categories of persons or entities within
the affected area, (3) allow the Order to specify the date on which
the extension will end (with the possibility of further extensions
being granted by subsequent Orders), and (4) clarify that such
extensions may apply to school districts.

Section two provides that the bill would take effect immediately and

shall be deemed to have been in effect on and after September 11,
2001.

 JUSTIFICATION :
Ever since the horrific terrorist attack on the World Trade Center of
September 11, 2001, the State has been helping the innocent victims
and their families in every way it can. One such effort was embodied
in Executive Order No. 113.25-A, which extended local real property
tax deadlines throughout the State. In the course of preparing this
Order, it became apparent that a well intentioned measure enacted in
1998 to allow the Governor to waive numerous State and local deadlines
contained a number of shortcomings. This bill will resolve those
issues so that emergencies may be dealt with more effectively.

The existing law in question, Chapter 15 of the Laws of 1998, was
passed in the wake of the severe ice storm that devastated the North
Country.It quite satisfactorily addressed the needs that arose from
that emergency, but as long-term enactment, it suffers from various
shortcomings, most notably:

(1) The Governor's authority to issue an Executive Order to extend a
deadline is contingent upon receiving a request from the Chief
Executive Officer of the appropriate jurisdiction, which may not
always be practical.

(2) Any such extension must remain in effect at least until the State
Disaster Emergency is rescinded, and in some cases beyond that date.
This may not always be appropriate.

(3) The Governor has no express authority to limit the relief to those
who actually were victims of, or otherwise impacted by, the emergency.
It is absurd (and costly) to give everyone in a community an extension
when there may be only a handful of people who genuinely need it.

Therefore, this bill would address these shortcomings by enabling the
Governor to address an emergency by: (a) extending a State Disaster
Emergency without a request from a locality's chief executive officer;
(b) limiting the extension to certain classes or categories; (c)
specifying the date on which the extension will end; and (d) applying
such extensions to school districts.
 PRIOR LEGISLATIVE HISTORY :


 FISCAL IMPLICATIONS :

Due to the unpredictable nature of disaster emergencies, the costs of
this bill cannot be precisely estimated.

 EFFECTIVE DATE :
Section two provides that the bill would take effect immediately and
shall be deemed to have been in effect on and after September 11,
2001.

2009-S2644 - Bill Text download pdf

2009-S2644A - Details

Current Committee:: Senate Veterans, Homeland Security And Military Affairs
Versions Introduced in Other Legislative Sessions:: 2011-2012: S3710
2013-2014: S2814, S6276
2015-2016: S2835
2017-2018: S2677
2019-2020: S4152
2021-2022: S4744
2023-2024: S5696

2009-S2644A - Summary

2009-S2644A - Sponsor Memo

                                 BILL NUMBER:  S2644A

 TITLE OF BILL :
An act to amend chapter 15 of the laws of 1998 relating to authorizing
the extension of state and local deadlines following a state disaster
emergency, in relation to the prerequisites, time and scope thereof


 PURPOSE :
To clarify and improve the provisions of law relating to the extension
of governmental deadlines following a state disaster emergency.

 SUMMARY OF PROVISIONS :
Section one would amend Chapter 15 of the Laws of 1998, which
authorizes the Governor to extend various governmental deadlines
following a state disaster emergency, to: (1) eliminate the
requirement that the Governor receive a request from the chief
executive officer of any affected municipal or district corporation
before extending a deadline therein, (2) allow the extension to be
limited to certain classes or categories of persons or entities within
the affected area, (3) allow the Order to specify the date on which
the extension will end (with the possibility of further extensions
being granted by subsequent Orders), and (4) clarify that such
extensions may apply to school districts.

Section two provides that the bill would take effect immediately and

shall be deemed to have been in effect on and after September 11,
2001.

 JUSTIFICATION :
Ever since the horrific terrorist attack on the World Trade Center of
September 11, 2001, the State has been helping the innocent victims
and their families in every way it can. One such effort was embodied
in Executive Order No. 113.25-A, which extended local real property
tax deadlines throughout the State. In the course of preparing this
Order, it became apparent that a well intentioned measure enacted in
1998 to allow the Governor to waive numerous State and local deadlines
contained a number of shortcomings. This bill will resolve those
issues so that emergencies may be dealt with more effectively.

The existing law in question, Chapter 15 of the Laws of 1998, was
passed in the wake of the severe ice storm that devastated the North
Country.It quite satisfactorily addressed the needs that arose from
that emergency, but as long-term enactment, it suffers from various
shortcomings, most notably:

(1) The Governor's authority to issue an Executive Order to extend a
deadline is contingent upon receiving a request from the Chief
Executive Officer of the appropriate jurisdiction, which may not
always be practical.

(2) Any such extension must remain in effect at least until the State
Disaster Emergency is rescinded, and in some cases beyond that date.
This may not always be appropriate.

(3) The Governor has no express authority to limit the relief to those
who actually were victims of, or otherwise impacted by, the emergency.
It is absurd (and costly) to give everyone in a community an extension
when there may be only a handful of people who genuinely need it.

Therefore, this bill would address these shortcomings by enabling the
Governor to address an emergency by: (a) extending a State Disaster
Emergency without a request from a locality's chief executive officer;
(b) limiting the extension to certain classes or categories; (c)
specifying the date on which the extension will end; and (d) applying
such extensions to school districts.
 PRIOR LEGISLATIVE HISTORY :


 FISCAL IMPLICATIONS :

Due to the unpredictable nature of disaster emergencies, the costs of
this bill cannot be precisely estimated.

 EFFECTIVE DATE :
Section two provides that the bill would take effect immediately and
shall be deemed to have been in effect on and after September 11,
2001.

2009-S2644A - Bill Text download pdf

2009-S2644B (ACTIVE) - Details

Current Committee:: Senate Veterans, Homeland Security And Military Affairs
Versions Introduced in Other Legislative Sessions:: 2011-2012: S3710
2013-2014: S2814, S6276
2015-2016: S2835
2017-2018: S2677
2019-2020: S4152
2021-2022: S4744
2023-2024: S5696

2009-S2644B (ACTIVE) - Summary

2009-S2644B (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2644B

 TITLE OF BILL :
An act to amend chapter 15 of the laws of 1998 relating to authorizing
the extension of state and local deadlines following a state disaster
emergency, in relation to the prerequisites, time and scope thereof


 PURPOSE :
To clarify and improve the provisions of law relating to the extension
of governmental deadlines following a state disaster emergency.

 SUMMARY OF PROVISIONS :
Section one would amend Chapter 15 of the Laws of 1998, which
authorizes the Governor to extend various governmental deadlines
following a state disaster emergency, to: (1) eliminate the
requirement that the Governor receive a request from the chief
executive officer of any affected municipal or district corporation
before extending a deadline therein, (2) allow the extension to be
limited to certain classes or categories of persons or entities within
the affected area, (3) allow the Order to specify the date on which
the extension will end (with the possibility of further extensions
being granted by subsequent Orders), and (4) clarify that such
extensions may apply to school districts.

Section two provides that the bill would take effect immediately and

shall be deemed to have been in effect on and after September 11,
2001.

 JUSTIFICATION :
Ever since the horrific terrorist attack on the World Trade Center of
September 11, 2001, the State has been helping the innocent victims
and their families in every way it can. One such effort was embodied
in Executive Order No. 113.25-A, which extended local real property
tax deadlines throughout the State. In the course of preparing this
Order, it became apparent that a well intentioned measure enacted in
1998 to allow the Governor to waive numerous State and local deadlines
contained a number of shortcomings. This bill will resolve those
issues so that emergencies may be dealt with more effectively.

The existing law in question, Chapter 15 of the Laws of 1998, was
passed in the wake of the severe ice storm that devastated the North
Country.It quite satisfactorily addressed the needs that arose from
that emergency, but as long-term enactment, it suffers from various
shortcomings, most notably:

(1) The Governor's authority to issue an Executive Order to extend a
deadline is contingent upon receiving a request from the Chief
Executive Officer of the appropriate jurisdiction, which may not
always be practical.

(2) Any such extension must remain in effect at least until the state
Disaster Emergency is rescinded, and in some cases beyond that date.
This may not always be appropriate.

(3) The Governor has no express authority to limit the relief to those
who actually were victims of, or otherwise impacted by, the emergency.
It is absurd (and costly) to give everyone in a community an extension
when there may be only a handful of people who genuinely need it.

Therefore, this bill would address these shortcomings by enabling the
Governor to address an emergency by: (a) extending a State Disaster
Emergency without a request from a locality's chief executive officer;
(b) limiting the extension to certain classes or categories; (c)
specifying the date on which the extension will end; and (d) applying
such extensions to school districts.
 PRIOR LEGISLATIVE HISTORY :


 FISCAL IMPLICATIONS :

Due to the unpredictable nature of disaster emergencies, the costs of
this bill cannot be precisely estimated.

 EFFECTIVE DATE :
Section two provides that the bill would take effect immediately.

2009-S2644B (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2644--B

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 25, 2009
                               ___________

Introduced  by  Sen.  ADAMS  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations -- committee discharged and said bill committed to the
  Committee on Veterans,  Homeland  Security  and  Military  Affairs  --
  reported  favorably  from said committee with amendments and committed
  to the Committee on Finance --  committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

AN  ACT  to amend chapter 15 of the laws of 1998 relating to authorizing
  the extension of state and local deadlines following a state  disaster
  emergency, in relation to the prerequisites, time and scope thereof

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Chapter 15 of the laws of 1998 relating to authorizing  the
extension  of state and local deadlines following a state disaster emer-
gency, is amended to read as follows:
  Section 1. Notwithstanding any other provision of law to the  contrary
which  relates  to  the  collection  of real property taxes, fees, civil
fines or other moneys owed to a municipal  or  district  corporation  OR
SCHOOL DISTRICT, to the imposition of penalties or interest therefor for
a  late  payment,  or  to the filing of an application, report, or other
document, form or other paper necessary for the processing of an  appli-
cation  or other process to fulfill requirements to qualify for, or meet
a condition of a government assistance program for  persons,  businesses
or corporations, higher education loans, grants or financial assistance,
licenses,  registrations or any other programs administered by a munici-
pal or district corporation OR SCHOOL DISTRICT, during a state  disaster
emergency  as  defined  by section 20 of the executive law, the governor
may, by executive order issued upon the request of the  chief  executive
officer of a municipal or district corporation OR SCHOOL DISTRICT in the
affected  area,  extend the deadline for payment of any such moneys owed
or for the filing of any such applications,  reports,  or  documents  by

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09892-03-9

S. 2644--B                          2

persons residing or located in such areas OR BY CERTAIN CLASSES OR CATE-
GORIES  OF  PERSONS OR ENTITIES WITHIN THE AFFECTED AREAS, which are due
during such state disaster emergency from the date the  executive  order
is issued until the date the governor, in consultation with the director
of  state  operations,  rescinds  the executive order which declared the
state disaster emergency; provided that the governor, after consultation
with the chief executive officer of the  municipal  or  district  corpo-
ration OR SCHOOL DISTRICT in the affected area, may extend such deadline
for a period of up to thirty days by so providing in the executive order
declaring  that  the  state  disaster  emergency  has  ceased; provided,
further, that no interest or penalties shall accrue during  such  exten-
sion  period;  provided,  however,  that the governor may order that the
extension period provided for in this section shall not be applicable to
certain reporting requirements mandated under  state  law,  the  primary
purpose  of which is to protect the health, safety or general welfare of
the public from an imminent threat or danger.
  S 2. Notwithstanding any other provision of law to the  contrary,  any
deadline or date set by state law or regulation for the payment of fees,
civil  fines  or  other  moneys owed to the state, for the imposition of
penalties or interest therefor for a late payment made after such  date,
or  for  the filing of an application, report or other document, form or
other paper necessary for the processing  of  an  application  or  other
process  to fulfill requirements of, qualify for, or meet a condition of
a government assistance program for persons, businesses,  municipalities
or corporations, higher education loans, grants or financial assistance,
licenses,  registrations  or  any  other programs, administered by state
government agencies, divisions, departments  or  offices,  shall,  where
such  deadline  or  date  occurs  during  a  state disaster emergency as
defined by section 20 of the executive law,  upon  the  issuance  of  an
executive  order  declaring  a state disaster emergency, be extended for
persons residing or located in the affected areas OR FOR CERTAIN CLASSES
OR CATEGORIES OF PERSONS OR ENTITIES WITHIN THE AFFECTED  AREAS,  for  a
period  of  time  from the date of the executive order declaring a state
disaster emergency to the date that the governor, in  consultation  with
the director of state operations, rescinds the executive order declaring
the state disaster emergency; provided that the governor may extend such
deadline for a period of up to thirty days by so providing in the execu-
tive  order  declaring  that  the  state  disaster emergency has ceased;
provided, however, that the governor may order that the extension period
provided for in this section shall not be applicable to certain  report-
ing  requirements mandated under state law, the primary purpose of which
is to protect the health, safety or general welfare of the  public  from
an imminent threat or danger.
  S  3. Where the provisions of this act have been invoked in connection
with a state disaster emergency declared  by  the  governor,  the  state
shall  provide aid to each affected municipal or district corporation OR
SCHOOL DISTRICT, whichever is appropriate, to compensate it for the loss
of interest or other investment income reasonably  attributable  to  the
extension  of the period for the payment of moneys; provided, that in no
case shall such aid exceed the moneys that  would  have  been  collected
during the extension period or periods declared by the governor pursuant
to  section one of this act, which shall not exceed thirty days from the
date that the governor rescinded the executive order declaring  a  state
disaster  emergency,  multiplied  by  an annualized interest rate of six
percent. Such aid shall be payable upon the audit  and  warrant  of  the
comptroller.

S. 2644--B                          3

  S  4.  NOTWITHSTANDING THE PROVISIONS OF SECTIONS ONE THROUGH THREE OF
THIS ACT, THE GOVERNOR MAY, WHENEVER HE OR SHE DETERMINES THAT  A  STATE
DISASTER EMERGENCY SO REQUIRES: (1) ISSUE AN EXECUTIVE ORDER EXTENDING A
DEADLINE  IN  AN  AFFECTED  MUNICIPAL  OR DISTRICT CORPORATION OR SCHOOL
DISTRICT  WITHOUT A REQUEST THEREFOR FROM THE CHIEF EXECUTIVE OFFICER OF
SUCH MUNICIPAL OR DISTRICT CORPORATION OR SCHOOL  DISTRICT,  (2)  DIRECT
THAT  AN  EXTENSION PERIOD SHALL END ON A DATE CERTAIN, WHICH DATE SHALL
BE SPECIFIED IN THE EXECUTIVE ORDER INITIALLY DIRECTING SUCH  EXTENSION,
PROVIDED THAT THE EXTENSION PERIOD SO GRANTED MAY BE FURTHER EXTENDED BY
ONE OR MORE SUBSEQUENT ORDERS, OR (3) ACT IN ACCORDANCE WITH BOTH OF THE
FOREGOING PROVISIONS OF THIS SECTION.
  S  5.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after January 7, 1998.
  S 2. This act shall take effect immediately.

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Senate Bill S2644

Sponsored By

Archive: Last Bill Status - In Senate Committee Veterans, Homeland Security And Military Affairs Committee

Apr 27, 2009 - Floor Vote

Floor Vote: Apr 27, 2009

Bill Amendments

2009-S2644 - Details

2009-S2644 - Summary

2009-S2644 - Sponsor Memo

2009-S2644 - Bill Text download pdf

2009-S2644A - Details

2009-S2644A - Summary

2009-S2644A - Sponsor Memo

2009-S2644A - Bill Text download pdf

2009-S2644B (ACTIVE) - Details

2009-S2644B (ACTIVE) - Summary

2009-S2644B (ACTIVE) - Sponsor Memo

2009-S2644B (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2644

Share this bill

Sponsored By

Eric Adams

Archive: Last Bill Status - In Senate Committee Veterans, Homeland Security And Military Affairs Committee

Bill Amendments

2009-S2644 - Details

2009-S2644 - Summary

2009-S2644 - Sponsor Memo

2009-S2644 - Bill Text download pdf

2009-S2644A - Details

2009-S2644A - Summary

2009-S2644A - Sponsor Memo

2009-S2644A - Bill Text download pdf

2009-S2644B (ACTIVE) - Details

2009-S2644B (ACTIVE) - Summary

2009-S2644B (ACTIVE) - Sponsor Memo

2009-S2644B (ACTIVE) - Bill Text download pdf

Comments