NY State Senate Bill 2013-S6276

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 09, 2014	referred to veterans, homeland security and military affairs

2013-S6276 (ACTIVE) - Details

Current Committee:: Senate Veterans, Homeland Security And Military Affairs
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-S6276 (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-S6276 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S6276

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 1: Amends 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 2: 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.

LEGISLATIVE HISTORY:

S 2814 (2013) - Passed Senate
S. 3710 (2011) - Passed Senate
S. 2644B (2009) - Referred to Veterans, Homeland Security and Military
Affairs

FISCAL IMPLICATIONS:

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

EFFECTIVE DATE:

This act shall take effect immediately.

2013-S6276 (ACTIVE) - Bill Text download pdf

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

                                  6276

                            I N  S E N A T E

                             January 9, 2014
                               ___________

Introduced  by  Sen.  PARKER -- 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
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-

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

                                                           LBD06022-01-3

S. 6276                             2

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
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

S. 6276                             3

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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S6276

Sponsored By

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

2013-S6276 (ACTIVE) - Details

2013-S6276 (ACTIVE) - Summary

2013-S6276 (ACTIVE) - Sponsor Memo

2013-S6276 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6276

Share this bill

Sponsored By

Kevin S. Parker

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

2013-S6276 (ACTIVE) - Details

2013-S6276 (ACTIVE) - Summary

2013-S6276 (ACTIVE) - Sponsor Memo

2013-S6276 (ACTIVE) - Bill Text download pdf

Comments