What's happening
This bill allows the governor to extend deadlines for payments and filings during a state disaster emergency, including for school districts and specific groups, and provides state aid for lost interest.
Why it matters
Expands the Governor’s Powers. By allowing the governor to extend deadlines without waiting for a local request, the bill lets state leadership act quickly and uniformly during emergencies, potentially speeding up relief and reducing bureaucratic delays during crises.
Includes School Districts and Targeted Groups. The amendment extends protections and deadline flexibility not just to municipalities but also to school districts and specific classes or categories within affected areas, ensuring broader and more tailored relief for those most impacted by disasters.
Guarantees Fiscal Stability for Local Authorities. By requiring the state to compensate local governments and school districts for lost interest income due to payment delays, the bill helps maintain local budgets and prevents disruptions in essential services, even as residents are given more time to pay.
Maintains Critical Safeguards. The governor retains the ability to exclude deadlines tied to health, safety, or welfare from extensions, ensuring that urgent reporting or compliance requirements that protect public well-being are still enforced during emergencies.
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Who cares
Headline styles
Extend Deadlines After Emergencies
Plain English, a few words. Used as the page title.
Sponsors
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History
- Referred to veterans, homeland security and military affairs
- Referred to veterans, homeland security and military affairs
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4152
2019-2020 Regular Sessions
IN SENATE
March 1, 2019
Introduced by Sen. PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Veterans, Homeland Security 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 Assembly, do enact as follows:
Section 1. Chapter 15 of the laws of 1998 relating to authorizing the extension of state and local deadlines following a state disaster emergency is amended to read as follows:
Section 1. Notwithstanding any other provision of law to the contrary which relates to the collection of real property taxes, fees, civil fines or other moneys owed to a municipal or district corporation or school district, to the imposition of penalties or interest therefor for a late payment, or to the filing of an application, report, or other document, form or other paper necessary for the processing of an application or other process to fulfill requirements to qualify for, or meet a condition of a government assistance program for persons, businesses or corporations, higher education loans, grants or financial assistance, licenses, registrations or any other programs administered by a municipal or district corporation or school district, during a state disaster emergency as defined by section 20 of the executive law, the governor may, by executive order issued upon the request of the chief executive officer of a municipal or district corporation or school district in the affected area, extend the deadline for payment of any such moneys owed or for the filing of any such applications, reports, or documents by persons residing or located in such areas or by certain classes or categories of persons or entities within the affected areas, which are due during such state disaster emergency from the date the executive order 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.
LBD10396-01-9
S. 4152 2
of state operations, rescinds the executive order which declared the state disaster emergency; provided that the governor, after consultation with the chief executive officer of the municipal or district corporation or school district in the affected area, may extend such deadline for a period of up to thirty days by so providing in the executive order declaring that the state disaster emergency has ceased; provided, further, that no interest or penalties shall accrue during such extension period; provided, however, that the governor may order that the extension period provided for in this section shall not be applicable to certain reporting requirements mandated under state law, the primary purpose of which is to protect the health, safety or general welfare of the public from an imminent threat or danger.
§ 2. Notwithstanding any other provision of law to the contrary, any deadline or date set by state law or regulation for the payment of fees, civil fines or other moneys owed to the state, for the imposition of penalties or interest therefor for a late payment made after such date, or for the filing of an application, report or other document, form or other paper necessary for the processing of an application or other process to fulfill requirements of, qualify for, or meet a condition of a government assistance program for persons, businesses, municipalities or corporations, higher education loans, grants or financial assistance, licenses, registrations or any other programs, administered by state government agencies, divisions, departments or offices, shall, where such deadline or date occurs during a state disaster emergency as defined by section 20 of the executive law, upon the issuance of an executive order declaring a state disaster emergency, be extended for persons residing or located in the affected areas or for certain classes or categories of persons or entities within the affected areas, for a period of time from the date of the executive order declaring a state disaster emergency to the date that the governor, in consultation with the director of state operations, rescinds the executive order declaring the state disaster emergency; provided that the governor may extend such deadline for a period of up to thirty days by so providing in the executive order declaring that the state disaster emergency has ceased; provided, however, that the governor may order that the extension period provided for in this section shall not be applicable to certain reporting requirements mandated under state law, the primary purpose of which is to protect the health, safety or general welfare of the public from an imminent threat or danger.
§ 3. Where the provisions of this act have been invoked in connection with a state disaster emergency declared by the governor, the state shall provide aid to each affected municipal or district corporation or school district, whichever is appropriate, to compensate it for the loss of interest or other investment income reasonably attributable to the extension of the period for the payment of moneys; provided, that in no case shall such aid exceed the moneys that would have been collected during the extension period or periods declared by the governor pursuant to section one of this act, which shall not exceed thirty days from the date that the governor rescinded the executive order declaring a state disaster emergency, multiplied by an annualized interest rate of six percent. Such aid shall be payable upon the audit and warrant of the comptroller.
§ 4. Notwithstanding the provisions of sections one through three of this act, the governor may, whenever he or she determines that a state disaster emergency so requires: (1) issue an executive order extending a deadline in an affected municipal or district corporation or school
S. 4152 3
district without a request therefor from the chief executive officer of such municipal or district corporation or school district, (2) direct that an extension period shall end on a date certain, which date shall be specified in the executive order initially directing such extension, provided that the extension period so granted may be further extended by one or more subsequent orders, or (3) act in accordance with both of the foregoing provisions of this section.
§ 5. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after January 7, 1998.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend chapter 15 of the laws of 1998 relat- ing 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 1: Amends 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,
Read the full memo (609 words)
(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 2: 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 satisfac- torily 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 practi- cal.
(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. There- fore, this bill would address these shortcomings by enabling the Gover- nor to address an emergency by (a) extending a State Disaster Emergency without a request from a locality's chief executive officer; (b) limit- ing the extension to certain classes or categories;
(c) specifying the date on which the extension will end; and (d) apply- ing such extensions to school districts.
Legislative history
2017-18: S2677 - REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS 2015-2016: S.2835-Referred to Veterans, Homeland Security and Military Affairs 2014: 5.6276 - Referred to Veterans, Homeland Security and Military Affairs 2013: S.2814(Adams) - Passed Senate 2011-12: S.3710 (Adams) - Passed Senate 2009-10: S.2644B (Adams)/A.9148 - Passed Senate/Referred to Veterans
Fiscal implications
Due to the unpredictable nature of disaster emergencies, the costs of this bill cannot be precisely estimated.
Effective date
This act shall take effect immediately.
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