S T A T E O F N E W Y O R K
________________________________________________________________________
4554--A
2013-2014 Regular Sessions
I N S E N A T E
April 10, 2013
___________
Introduced by Sens. SKELOS, BOYLE, FUSCHILLO, HANNON, MARCELLINO, ZELDIN
-- read twice and ordered printed, and when printed to be committed to
the Committee on Local Government -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to authorize counties 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:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "Hurricane Sandy filing fee exemption and reimbursement act".
3 S 2. As used in this act, "eligible county" shall mean those counties
4 which have been included in the federal disaster declarations for Hurri-
5 cane Sandy, but shall not apply to a city with a population of one
6 million or more.
7 S 3. The provisions of this act shall only apply to eligible coun-
8 ties, and only where the governing body of such a county, within 30 days
9 of the effective date of this act, has enacted a resolution adopting the
10 provisions of this act.
11 S 4. All filings with the county clerk's office between the period
12 beginning October 28, 2012 and ending December 31, 2013 related to a
13 U.S. Small Business Administration Disaster Loan as defined in 15 USCS
14 S636(b)(1) within an eligible county that has enacted a resolution
15 pursuant to this act shall be exempt from any filing fees required
16 pursuant to sections 8019 and 8021 of the civil practice law and rules.
17 S 5. Any person or entity that paid filing fees required by sections
18 8019 and 8021 of the civil practice law and rules to the county clerk's
19 office between the period beginning October 28, 2012 and ending December
20 31, 2013 due to any filings related to a U.S. Small Business Adminis-
21 tration Disaster Loan as defined in 15 USCS S636(b)(1) within an eligi-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09823-02-3
S. 4554--A 2
1 ble county that has enacted a resolution pursuant to this act shall
2 receive a reimbursement of all such fees paid from the county clerk or
3 the county treasurer of the respective county where such filings
4 occurred.
5 S 6. Before any reimbursement is paid, the county clerk shall notify
6 the commissioner of education in writing of any amounts which have been
7 collected on behalf of and remitted to the commissioner of education
8 pursuant to section 8021 of the civil practice law and rules, which must
9 be reimbursed pursuant to this act. Upon such notice, the commissioner
10 of education shall remit such amounts to the respective county within
11 fifteen days of notice. Upon receipt of such payment from the commis-
12 sioner of education the county clerk or the county treasurer shall reim-
13 burse the full amount of fees paid to an eligible person or entity
14 pursuant to this act.
15 S 7. This act shall take effect immediately.