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S05696 Summary:

BILL NOS05696
 
SAME ASNo Same As
 
SPONSORPARKER
 
COSPNSR
 
MLTSPNSR
 
Amd Chap 15 of 1998
 
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.
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S05696 Actions:

BILL NOS05696
 
03/13/2023REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
01/03/2024REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
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S05696 Memo:

Memo not available
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S05696 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5696
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                     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:
 
     1    Section  1. Chapter 15 of the laws of 1998 relating to authorizing the
     2  extension of state and local deadlines following a state disaster  emer-
     3  gency is amended to read as follows:
     4    Section  1. Notwithstanding any other provision of law to the contrary
     5  which relates to the collection of  real  property  taxes,  fees,  civil
     6  fines  or  other  moneys  owed to a municipal or district corporation or
     7  school district, to the imposition of penalties or interest therefor for
     8  a late payment, or to the filing of an  application,  report,  or  other
     9  document,  form or other paper necessary for the processing of an appli-
    10  cation or other process to fulfill requirements to qualify for, or  meet
    11  a  condition  of a government assistance program for persons, businesses
    12  or corporations, higher education loans, grants or financial assistance,
    13  licenses, registrations or any other programs administered by a  munici-
    14  pal  or district corporation or school district, during a state disaster
    15  emergency as defined by section 20 of the executive  law,  the  governor
    16  may,  by  executive order issued upon the request of the chief executive
    17  officer of a municipal or district corporation or school district in the
    18  affected area, extend the deadline for payment of any such  moneys  owed
    19  or  for  the  filing  of any such applications, reports, or documents by
    20  persons residing or located in such areas or by certain classes or cate-
    21  gories of persons or entities within the affected areas, which  are  due
    22  during  such  state disaster emergency from the date the executive order
    23  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
 
     1  of state operations, rescinds the executive  order  which  declared  the
     2  state disaster emergency; provided that the governor, after consultation
     3  with  the  chief  executive  officer of the municipal or district corpo-
     4  ration or school district in the affected area, may extend such deadline
     5  for a period of up to thirty days by so providing in the executive order
     6  declaring  that  the  state  disaster  emergency  has  ceased; provided,
     7  further, that no interest or penalties shall accrue during  such  exten-
     8  sion  period;  provided,  however,  that the governor may order that the
     9  extension period provided for in this section shall not be applicable to
    10  certain reporting requirements mandated under  state  law,  the  primary
    11  purpose  of which is to protect the health, safety or general welfare of
    12  the public from an imminent threat or danger.
    13    § 2. Notwithstanding any other provision of law to the  contrary,  any
    14  deadline or date set by state law or regulation for the payment of fees,
    15  civil  fines  or  other  moneys owed to the state, for the imposition of
    16  penalties or interest therefor for a late payment made after such  date,
    17  or  for  the filing of an application, report or other document, form or
    18  other paper necessary for the processing  of  an  application  or  other
    19  process  to fulfill requirements of, qualify for, or meet a condition of
    20  a government assistance program for persons, businesses,  municipalities
    21  or corporations, higher education loans, grants or financial assistance,
    22  licenses,  registrations  or  any  other programs, administered by state
    23  government agencies, divisions, departments  or  offices,  shall,  where
    24  such  deadline  or  date  occurs  during  a  state disaster emergency as
    25  defined by section 20 of the executive law,  upon  the  issuance  of  an
    26  executive  order  declaring  a state disaster emergency, be extended for
    27  persons residing or located in the affected areas or for certain classes
    28  or categories of persons or entities within the affected  areas,  for  a
    29  period  of  time  from the date of the executive order declaring a state
    30  disaster emergency to the date that the governor, in  consultation  with
    31  the director of state operations, rescinds the executive order declaring
    32  the state disaster emergency; provided that the governor may extend such
    33  deadline for a period of up to thirty days by so providing in the execu-
    34  tive  order  declaring  that  the  state  disaster emergency has ceased;
    35  provided, however, that the governor may order that the extension period
    36  provided for in this section shall not be applicable to certain  report-
    37  ing  requirements mandated under state law, the primary purpose of which
    38  is to protect the health, safety or general welfare of the  public  from
    39  an imminent threat or danger.
    40    §  3. Where the provisions of this act have been invoked in connection
    41  with a state disaster emergency declared  by  the  governor,  the  state
    42  shall  provide aid to each affected municipal or district corporation or
    43  school district, whichever is appropriate, to compensate it for the loss
    44  of interest or other investment income reasonably  attributable  to  the
    45  extension  of the period for the payment of moneys; provided, that in no
    46  case shall such aid exceed the moneys that  would  have  been  collected
    47  during the extension period or periods declared by the governor pursuant
    48  to  section one of this act, which shall not exceed thirty days from the
    49  date that the governor rescinded the executive order declaring  a  state
    50  disaster  emergency,  multiplied  by  an annualized interest rate of six
    51  percent. Such aid shall be payable upon the audit  and  warrant  of  the
    52  comptroller.
    53    §  4.  Notwithstanding the provisions of sections one through three of
    54  this act, the governor may, whenever he or she determines that  a  state
    55  disaster emergency so requires: (1) issue an executive order extending a
    56  deadline  in  an  affected  municipal  or district corporation or school

        S. 5696                             3
 
     1  district without a request therefor from the chief executive officer  of
     2  such  municipal  or  district corporation or school district, (2) direct
     3  that an extension period shall end on a date certain, which  date  shall
     4  be  specified in the executive order initially directing such extension,
     5  provided that the extension period so granted may be further extended by
     6  one or more subsequent orders, or (3) act in accordance with both of the
     7  foregoing provisions of this section.
     8    § 5. This act shall take effect immediately and  shall  be  deemed  to
     9  have been in full force and effect on and after January 7, 1998.
    10    § 2. This act shall take effect immediately.
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