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

BILL NUMBER:S3710

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.