NY State Senate Bill 2013-S2814

Archive: Last Bill Status - In Assembly 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 17, 2013	referred to governmental operations delivered to assembly passed senate ordered to third reading cal.1379 committee discharged and committed to rules
Mar 12, 2013	reported and committed to finance
Jan 24, 2013	referred to veterans, homeland security and military affairs

Votes

- Jun 17, 2013 - Floor Vote
  S2814
  
  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
  Mar 12, 2013 - Veterans, Homeland Security And Military Affairs Committee Vote
  S2814
  
  13
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Veterans, Homeland Security And Military Affairs Committee Vote: Mar 12, 2013
      
      aye (13)
      
      Addabbo Jr.
      
      Avella
      
      Ball
      
      Carlucci
      
      Flanagan
      
      Gipson
      
      Golden
      
      Griffo
      
      Grisanti
      
      Larkin
      
      Sampson
      
      Sanders Jr.
      
      Zeldin
  Jun 17, 2013 - Rules Committee Vote
  S2814
  
  24
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 17, 2013
      
      aye (24)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      Dilan
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Gianaris
      
      Hannon
      
      Hassell-Thompson
      
      Krueger
      
      LaValle
      
      Larkin
      
      Libous
      
      Marcellino
      
      Maziarz
      
      Montgomery
      
      Nozzolio
      
      Perkins
      
      Seward
      
      Skelos
      
      Stewart-Cousins
      
      Valesky
      
      excused (1)
      
      Parker

2013-S2814 (ACTIVE) - Details

Current Committee:: Assembly Governmental Operations
Law Section:: State Government, Reorganization of
Laws Affected:: Amd Chap 15 of 1998
Versions Introduced in Other Legislative Sessions:: 2009-2010: S2644
2011-2012: S3710
2015-2016: S2835
2017-2018: S2677
2019-2020: S4152
2021-2022: S4744
2023-2024: S5696

2013-S2814 (ACTIVE) - 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.

2013-S2814 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2814

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 emergen-
cy.

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) clar-
ify 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 inno-
cent 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 dead-
lines 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 practi-
cal.

(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) speci-
fying the date on which the extension will end; and (d) applying such
extensions to school districts.

PRIOR LEGISLATIVE HISTORY:  2010: S.2644B Held in Veterans, Homeland
Security & Military Affairs

FISCAL IMPLICATIONS:  Due to the unpredictable nature of disaster emer-
gencies, the costs of this bill cannot be precisely estimated.

EFFECTIVE DATE: Immediately.

2013-S2814 (ACTIVE) - Bill Text download pdf

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

                                  2814

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 24, 2013
                               ___________

Introduced  by  Sen.  ADAMS  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Veterans, Homeland Securi-
  ty and Military Affairs

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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06022-01-3

S. 2814                             2

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  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

S. 2814                             3

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 S2814

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Jun 17, 2013 - Floor Vote

Floor Vote: Jun 17, 2013

Mar 12, 2013 - Veterans, Homeland Security And Military Affairs Committee Vote

Veterans, Homeland Security And Military Affairs Committee Vote: Mar 12, 2013

Jun 17, 2013 - Rules Committee Vote

Rules Committee Vote: Jun 17, 2013

2013-S2814 (ACTIVE) - Details

2013-S2814 (ACTIVE) - Summary

2013-S2814 (ACTIVE) - Sponsor Memo

2013-S2814 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2814

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Sponsored By

Eric Adams

Archive: Last Bill Status - In Assembly Committee

2013-S2814 (ACTIVE) - Details

2013-S2814 (ACTIVE) - Summary

2013-S2814 (ACTIVE) - Sponsor Memo

2013-S2814 (ACTIVE) - Bill Text download pdf

Comments