NY State Senate Bill 2025-S3802

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 30, 2025	referred to veterans, homeland security and military affairs

2025-S3802 (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
2023-2024: S5696

2025-S3802 (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; relates to the prerequisites, time and scope thereof.

2025-S3802 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3802

SPONSOR: PARKER
 
TITLE OF BILL:

An act to amend chapter 15 of the laws of 1998 authorizing the extension
of time for the collection of taxes, fines and payment of other moneys
owed to government agencies and extending the deadline for filing of
applications, reports or other requirements to government agencies or
programs as a result of state disaster emergencies, 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. 11325-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:

2023-24: S5696- Referred to Veterans, Homeland Security and Military
Affairs

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.

2025-S3802 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3802
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2025
                                ___________
 
 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 authorizing the extension
   of time for the collection of taxes, fines and payment of other moneys
   owed to government agencies and extending the deadline for  filing  of
   applications,  reports or other requirements to government agencies or
   programs as a result of state disaster emergencies, 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 authorizing the extension of
 time for the collection of taxes, fines and payment of other moneys owed
 to government agencies and extending the deadline for filing of applica-
 tions,  reports or other requirements to government agencies or programs
 as a result of state disaster emergencies 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07713-01-5

 S. 3802                             2
 
 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-
 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
 S. 3802                             3
 
 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 SUCH  GOVERNOR  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.
   §  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 S3802

Sponsored By

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

2025-S3802 (ACTIVE) - Details

2025-S3802 (ACTIVE) - Summary

2025-S3802 (ACTIVE) - Sponsor Memo

2025-S3802 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3802

Share this bill

Sponsored By

Kevin S. Parker

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

2025-S3802 (ACTIVE) - Details

2025-S3802 (ACTIVE) - Summary

2025-S3802 (ACTIVE) - Sponsor Memo

2025-S3802 (ACTIVE) - Bill Text download pdf

Comments