Bill S2814-2013

Relates to extensions of state and local deadlines following a state disaster emergency

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.

Details

Actions

  • Jun 17, 2013: referred to governmental operations
  • Jun 17, 2013: DELIVERED TO ASSEMBLY
  • Jun 17, 2013: PASSED SENATE
  • Jun 17, 2013: ORDERED TO THIRD READING CAL.1379
  • Jun 17, 2013: 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

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Veterans, Homeland Security and Military Affairs - Mar 12, 2013
Ayes (13): Ball, Carlucci, Flanagan, Golden, Griffo, Grisanti, Larkin, Zeldin, Addabbo, Avella, Gipson, Sampson, Sanders

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

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

EFFECTIVE DATE: Immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 2814 2013-2014 Regular Sessions IN SENATE 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
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
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.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. 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.

Discuss!

blog comments powered by Disqus