NY State Senate Bill 2023-S5696

Current 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to veterans, homeland security and military affairs
Mar 13, 2023	referred to veterans, homeland security and military affairs

2023-S5696 (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
2013-2014: S2814, S6276
2015-2016: S2835
2017-2018: S2677
2019-2020: S4152
2021-2022: S4744

2023-S5696 (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.

2023-S5696 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5696

SPONSOR: PARKER
 
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: 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.

Section 2: This act shall take effect immediately.

 
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 ques-
tion,  Chapter  15  of  the  Laws of 1998, was passed in the wake of the
severe ice storm that devastated the North Country. It  quite  satisfac-
torily  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. There-
fore, this bill would address these shortcomings by enabling the  Gover-
nor  to address an emergency by (a) extending a State Disaster Emergency
without a request from a locality's chief executive officer; (b)  limit-
ing the extension to certain classes or categories;

(c)  Specifying the date on which the extension will end; and (d) apply-
ing such extensions to school districts.

 
LEGISLATIVE HISTORY:

2021-22:  S4744-Referred  to  Veterans,  Homeland  Security and Military
Affairs

2019-20: S.4152- Referred to Veterans, Homeland Security and Military

2017-18: S.2677- Referred to Veterans, Homeland  Security  and  Military
Affairs

2015-16:  S.2835  - Referred to Veterans, Homeland Security and Military
Affairs

2013-14: S.6276 - Referred to Veterans, Homeland Security  and  Military
Affairs

2012-13: S.2814 (Adams) - Passed Senate

2010-11: S.3710(Adams) - Passed Senate

2009-10: S.2644B (Adams)/A.9148- Passed Senate/Referred to Veterans

 
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.

2023-S5696 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5696
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 13, 2023
                                ___________
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07397-01-3

 S. 5696                             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.
   § 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.
   §  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.
   §  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. 5696                             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.
   § 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.
   § 2. This act shall take effect immediately.

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Senate Bill S5696

Sponsored By

Current Bill Status - In Senate Committee Veterans, Homeland Security And Military Affairs Committee

2023-S5696 (ACTIVE) - Details

2023-S5696 (ACTIVE) - Summary

2023-S5696 (ACTIVE) - Sponsor Memo

2023-S5696 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5696

Share this bill

Sponsored By

Kevin S. Parker

Current Bill Status - In Senate Committee Veterans, Homeland Security And Military Affairs Committee

2023-S5696 (ACTIVE) - Details

2023-S5696 (ACTIVE) - Summary

2023-S5696 (ACTIVE) - Sponsor Memo

2023-S5696 (ACTIVE) - Bill Text download pdf

Comments