Bill S5796-2013

Authorizes a city of one million or more in population in the Hurricane Sandy federal disaster area to grant exemptions to filing fees related to federal Small Business Administration Disaster Loans

Authorizes a city with a population of one million or more in the Hurricane Sandy federal disaster area to grant exemptions for filing fees related to federal Small Business Administration Disaster Loans; provides for reimbursement of such fees that have been paid.

Details

Actions

  • Sep 27, 2013: SIGNED CHAP.380
  • Sep 17, 2013: DELIVERED TO GOVERNOR
  • Jun 20, 2013: returned to senate
  • Jun 20, 2013: passed assembly
  • Jun 20, 2013: ordered to third reading rules cal.573
  • Jun 20, 2013: substituted for a7996
  • Jun 17, 2013: referred to ways and means
  • Jun 17, 2013: DELIVERED TO ASSEMBLY
  • Jun 17, 2013: PASSED SENATE
  • Jun 17, 2013: ORDERED TO THIRD READING CAL.1412
  • Jun 14, 2013: REFERRED TO RULES

Meetings

Calendars

Votes

Memo

BILL NUMBER:S5796

TITLE OF BILL: An act to authorize a certain city 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 New York City to grant reimbursements and exemptions for filing fees related to federal Small Business Administration Loans extended to the Hurricane Sandy federal disaster area.

SUMMARY OF PROVISIONS:

Section 1 titles the bill the Hurricane Sandy Filing Fee Exemption and Reimbursement Act.

Section 2 defines "eligible city."

Section 3 permits the city council to enact a resolution to adopt provisions of the act.

Section 4 exempts filing fees charged by county clerks or the city register between October 28, 2012 and December 31, 2013 associated with US Small Business Administration Disaster Loans.

Section 5 requires county clerk offices and the city register to reimburse filing fees associated with US Small Business Administration Disaster Loans paid between October 28, 2012 and December 31, 2013 to filers.

Section 6 requires the county clerk or the city register to reimburse filing fees associated with US Small Business Administration Disaster Loans paid between October 28, 2012 and December 31, 2013 to filers.

Section 7 provides that this act shall take effect immediately.

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 city register to issue refunds to those real property owners that have already paid such filing fees.

LEGISLATIVE HISTORY:

New bill

FISCAL IMPLICATIONS:

Minimal to the State

EFFECTIVE DATE:

This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 5796 2013-2014 Regular Sessions IN SENATE June 14, 2013 ___________
Introduced by Sen. GOLDEN -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to authorize a certain city 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 "New York city Hurricane Sandy filing fee exemption and reimburse- ment act". S 2. As used in this act, "eligible city" shall mean a city having a population of one million or more which has been included in the federal disaster declarations for Hurricane Sandy. S 3. The provisions of this act shall only apply to an eligible city, and only where the city council of such city, 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, or the office of the city register, between the period beginning October 28, 2012 and ending December 31, 2013 related to a U.S. Small Business Administration Disas- ter Loan as defined in 15 USCS S636(b)(1) within an eligible city where the city council 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 or the office of the city register, between the period beginning October 28, 2012 and ending December 31, 2013 due to any filings related to a U.S. Small Business Administration Disaster Loan as defined in 15 USCS S636(b)(1) within an eligible city where the city council has
enacted a resolution pursuant to this act, shall receive a reimbursement of all such fees. S 6. Before any reimbursement is paid, the county clerk or the office of the city register shall notify the commissioner of education in writ- ing 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 eligible city within fifteen days of notice. Upon receipt of such payment from the commissioner of education the county clerk or the office of the city register shall reimburse the full amount of fees paid to an eligible person or entity pursuant to this act. S 7. This act shall take effect immediately.

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