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.
STATE OF NEW YORK
________________________________________________________________________
6868
2009-2010 Regular Sessions
IN ASSEMBLY
March 13, 2009
___________
Introduced by M. of A. CAMARA -- read once and referred to the Committee
on Governmental Operations
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
24 of state operations, rescinds the executive order which declared the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09892-01-9
A. 6868 2
1 state disaster emergency; provided that the governor, after consultation
2 with the chief executive officer of the municipal or district corpo-
3 ration or school district in the affected area, may extend such deadline
4 for a period of up to thirty days by so providing in the executive order
5 declaring that the state disaster emergency has ceased; provided,
6 further, that no interest or penalties shall accrue during such exten-
7 sion period; provided, however, that the governor may order that the
8 extension period provided for in this section shall not be applicable to
9 certain reporting requirements mandated under state law, the primary
10 purpose of which is to protect the health, safety or general welfare of
11 the public from an imminent threat or danger.
12 § 2. Notwithstanding any other provision of law to the contrary, any
13 deadline or date set by state law or regulation for the payment of fees,
14 civil fines or other moneys owed to the state, for the imposition of
15 penalties or interest therefor for a late payment made after such date,
16 or for the filing of an application, report or other document, form or
17 other paper necessary for the processing of an application or other
18 process to fulfill requirements of, qualify for, or meet a condition of
19 a government assistance program for persons, businesses, municipalities
20 or corporations, higher education loans, grants or financial assistance,
21 licenses, registrations or any other programs, administered by state
22 government agencies, divisions, departments or offices, shall, where
23 such deadline or date occurs during a state disaster emergency as
24 defined by section 20 of the executive law, upon the issuance of an
25 executive order declaring a state disaster emergency, be extended for
26 persons residing or located in the affected areas or for certain classes
27 or categories of persons or entities within the affected areas, for a
28 period of time from the date of the executive order declaring a state
29 disaster emergency to the date that the governor, in consultation with
30 the director of state operations, rescinds the executive order declaring
31 the state disaster emergency; provided that the governor may extend such
32 deadline for a period of up to thirty days by so providing in the execu-
33 tive order declaring that the state disaster emergency has ceased;
34 provided, however, that the governor may order that the extension period
35 provided for in this section shall not be applicable to certain report-
36 ing requirements mandated under state law, the primary purpose of which
37 is to protect the health, safety or general welfare of the public from
38 an imminent threat or danger.
39 § 3. Where the provisions of this act have been invoked in connection
40 with a state disaster emergency declared by the governor, the state
41 shall provide aid to each affected municipal or district corporation or
42 school district, whichever is appropriate, to compensate it for the loss
43 of interest or other investment income reasonably attributable to the
44 extension of the period for the payment of moneys; provided, that in no
45 case shall such aid exceed the moneys that would have been collected
46 during the extension period or periods declared by the governor pursuant
47 to section one of this act, which shall not exceed thirty days from the
48 date that the governor rescinded the executive order declaring a state
49 disaster emergency, multiplied by an annualized interest rate of six
50 percent. Such aid shall be payable upon the audit and warrant of the
51 comptroller.
52 § 4. Notwithstanding the provisions of sections one through three of
53 this act, the governor may, whenever he or she determines that a state
54 disaster emergency so requires: (1) issue an executive order extending a
55 deadline in an affected municipal or district corporation or school
56 district without a request therefor from the chief executive officer of
A. 6868 3
1 such municipal or district corporation or school district, (2) direct
2 that an extension period shall end on a date certain, which date shall
3 be specified in the executive order initially directing such extension,
4 provided that the extension period so granted may be further extended by
5 one or more subsequent orders, or (3) act in accordance with both of the
6 foregoing provisions of this section.
7 § 5. This act shall take effect immediately and shall be deemed to
8 have been in full force and effect on and after January 7, 1998; except
9 that the amendments added by a chapter of the laws of 2009 shall be
10 deemed to have been in full force and effect on and after September 11,
11 2001.
12 § 2. This act shall take effect immediately and shall be deemed to
13 have been in full force and effect on and after September 11, 2001.
