Authorizes counties in the Hurricane Sandy federal disaster area to grant exemptions to filing fees related to federal Small Business Administration Disaster Loans; provides for reimbursement of such fees that have been paid.
TITLE OF BILL: An act to authorize counties included in the Hurricane Sandy federal disaster area to grant exemptions for certain filing fees and provide for reimbursement of such fees
PURPOSE: To authorize counties in the Hurricane Sandy federal disaster area to grant reimbursements and exemptions for filling fees related to federal Small Business Administration Loans.
SUMMARY OF PROVISIONS:
Section 1 dedicates this legislation to be known as the "Hurricane Sandy filing fee exemption and reimbursement act."
Section 2 defines which counties are eligible under this act.
Section 3 provided for a local opt-in provision by the county governing body to participate in this act.
Section 4 establishes the period of time in which exemption from the filing fees associated with the US Small Business Administration Disaster Loan as defined by 15 USCS § 636(b)(1) is available.
Section 5 provides for a reimbursement of fees paid to the county clerk by individuals in receipt of the US Small Business Administration Disaster Loan.
Section 6 provides that the county clerk shall notify the Commissioner of Education of any amount which have been collected pursuant to CPLR § 8021. Upon such notice, the Commissioner shall remit those amounts to the respective county within fifteen (15) days of notice. Upon receipt of such payment the county clerk or county treasurer shall reimburse the full amount of fees paid to an eligible person or entity pursuant to this act.
JUSTIFICATION: As a result of the destruction to real property associated with Hurricane Sandy many property owners applied and were granted Small Business Administration (SBA) loans for the purpose of rebuilding and rehabilitating their real property. These SBA loans are required to be reported in the same manner as a mortgage with the respective county clerks in which the real property is located. As such, the fees associated with the filing process are imposed on the real property owner. In an effort to provide some additional relief to the real property owner suffering from the devastation incurred from Hurricane sandy, this legislation would exempt the real property owner from the state portion of the required filing fees, as well as authorize the county clerk or county treasurer to issue refunds to those real property owners that have already paid the such filing fees.
LEGISLATIVE HISTORY: This is a New Bill
FISCAL IMPLICATIONS: Minimal to the State
EFFECTIVE DATE: This act shall take effect immediately
STATE OF NEW YORK ________________________________________________________________________ 4554--A 2013-2014 Regular Sessions IN SENATE April 10, 2013 ___________Introduced by Sens. SKELOS, BOYLE, FUSCHILLO, HANNON, MARCELLINO, ZELDIN -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee AN ACT to authorize counties included in the Hurricane Sandy federal disaster area to grant exemptions for certain filing fees and provide for reimbursement of such fees THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Short title. This act shall be known and may be cited as the "Hurricane Sandy filing fee exemption and reimbursement act". S 2. As used in this act, "eligible county" shall mean those counties which have been included in the federal disaster declarations for Hurri- cane Sandy, but shall not apply to a city with a population of one million or more. S 3. The provisions of this act shall only apply to eligible coun- ties, and only where the governing body of such a county, within 30 days of the effective date of this act, has enacted a resolution adopting the provisions of this act. S 4. All filings with the county clerk's office between the period beginning October 28, 2012 and ending December 31, 2013 related to a U.S. Small Business Administration Disaster Loan as defined in 15 USCS S636(b)(1) within an eligible county that has enacted a resolution pursuant to this act shall be exempt from any filing fees required pursuant to sections 8019 and 8021 of the civil practice law and rules. S 5. Any person or entity that paid filing fees required by sections 8019 and 8021 of the civil practice law and rules to the county clerk's office between the period beginning October 28, 2012 and ending December 31, 2013 due to any filings related to a U.S. Small Business Adminis- tration Disaster Loan as defined in 15 USCS S636(b)(1) within an eligi-EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09823-02-3 S. 4554--A 2
ble county that has enacted a resolution pursuant to this act shall receive a reimbursement of all such fees paid from the county clerk or the county treasurer of the respective county where such filings occurred. S 6. Before any reimbursement is paid, the county clerk shall notify the commissioner of education in writing of any amounts which have been collected on behalf of and remitted to the commissioner of education pursuant to section 8021 of the civil practice law and rules, which must be reimbursed pursuant to this act. Upon such notice, the commissioner of education shall remit such amounts to the respective county within fifteen days of notice. Upon receipt of such payment from the commis- sioner of education the county clerk or the county treasurer shall reim- burse the full amount of fees paid to an eligible person or entity pursuant to this act. S 7. This act shall take effect immediately.