New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 8 - Executive Orders (Andrew M. Cuomo) › Section 8.21 - Executive order no. 21: finding of emergency and temporary suspension of provisions relating to payment of fees for duplicate state-issued documents

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, on August 25, 2011, I issued Executive Order
					 Number 17 declaring a disaster emergency in the Counties of Bronx, Kings, New
					 York, Queens, Richmond, Nassau, Suffolk and contiguous areas in the State of
					 New York; and
WHEREAS, beginning on August 27, 2011, Hurricane Irene
					 brought torrential rainfall causing record flooding and storm surge throughout
					 the State of New York, and severely devastated areas in the Counties of Albany,
					 Bronx, Clinton, Columbia, Delaware, Dutchess, Essex, Greene, Kings, Montgomery,
					 Nassau, New York, Orange, Putnam, Queens, Rensselaer, Richmond, Rockland,
					 Saratoga, Schenectady, Schoharie, Suffolk, Sullivan, Ulster, Warren, Washington
					 and Westchester, for which I asked the President of the United States to
					 declare an emergency and a major disaster for the State of New York; and
WHEREAS, as a result of additional severe storms occurring
					 on September 7, 2011 and thereafter, severe flash flooding and major flood
					 conditions developed in the Counties of Albany, Broome, Chenango, Chemung,
					 Delaware, Greene, Herkimer, Montgomery, Oneida, Otsego, Rensselaer,
					 Schenectady, Schoharie, Sullivan and Tioga, for which I have asked the
					 President of the United States to declare an emergency and a major disaster for
					 the State of New York;
NOW, THEREFORE, I, ANDREW M. CUOMO, Governor of the State
					 of New York, do hereby find that the scope of the disaster resulting from these
					 events has resulted in a number of local governments being unable to respond
					 adequately. Therefore, pursuant to the authority vested in me by the
					 Constitution of the State of New York and Section 28 of Article 2-b of the
					 Executive Law, I do hereby amend Executive Order Number 17 to declare a State
					 Disaster Emergency, effective September 12, 2011, within the territorial
					 boundaries of the following additional counties: Albany, Broome, Chenango,
					 Chemung, Clinton, Columbia, Delaware, Dutchess, Essex, Greene, Herkimer,
					 Montgomery, Oneida, Orange, Otsego, Putnam, Rensselaer, Rockland, Saratoga,
					 Schenectady, Schoharie, Sullivan, Tioga, Ulster, Warren, Washington and
					 Westchester; and
FURTHER, by virtue of the authority vested in me by Section
					 29-a of Article 2-B of the Executive Law to temporarily suspend specific
					 provisions of any statute, local law, ordinance, orders, rules or regulations,
					 or parts thereof, of any agency during a State disaster emergency, if
					 compliance with such provisions would prevent, hinder or delay action necessary
					 to cope with the disaster, and for the purpose of allowing victims of the
					 disaster to replace certain documentation lost in the disaster, as determined
					 by the appropriate Commissioners of the Departments of Motor Vehicles, Health,
					 Education and Taxation and Finance, the Secretary of State or the State Liquor
					 Authority, I temporarily suspend, for the period from the date of this
					 Executive Order until further notice, the following laws:
A. Suspension of Laws relating to the
				  Department of Motor Vehicles
Subdivision 3 of Section 401  of the Vehicle and Traffic
					 Law, to the extent that it requires payment of a fee for a duplicate or
					 replacement registration certificate or number plate for a motor vehicle or
					 trailer;
Subdivision 3 of Section 410  of the Vehicle and Traffic
					 Law, to the extent that it requires payment of a fee for a duplicate or
					 replacement registration certificate or number plate for a motorcycle;
Subdivision 2 of Section 491  of the Vehicle and Traffic
					 Law, to the extent that it requires payment of fees for a duplicate or
					 replacement non-driver identification card;
Subdivision 2 of Section 503  of the Vehicle and Traffic
					 Law, to the extent that it requires payment of fees for a duplicate or
					 replacement driver's license;
Subdivision (a) of Section 2125  of the Vehicle and Traffic
					 Law, to the extent that it requires payment of fees for a duplicate or
					 replacement certificate of title;
Subdivision 4 of Section 2222  of the Vehicle and Traffic
					 Law, to the extent that it requires payment of a fee for a duplicate or
					 replacement registration certificate or number plate for a snowmobile;
Subdivision 9 of Section 2251  of the Vehicle and Traffic
					 Law, to the extent that it requires payment of a fee for a duplicate or
					 replacement registration certificate or number plate for a vessel;
Subdivision 3 of Section 2261  of the Vehicle and Traffic
					 Law, to the extent that it requires payment of a fee for a duplicate or
					 replacement registration certificate or number plate for a limited use
					 vehicle;
Subdivision 4 of Section 2282  of the Vehicle and Traffic
					 Law, to the extent that it requires payment of a fee for a duplicate or
					 replacement registration certificate or number plate for an all-terrain
					 vehicle;
B. Suspension of
				  Laws Relating to the Department of State
Subdivisions (3) and (4) of section 96 and Section 96-a  of
					 the Executive Law, and Paragraphs (6) and (7) of Subdivision (a), Paragraphs
					 (4) and (5) of Subdivision (b), and Subdivision (d) of Section
					 143-5.1 of Title 19 of the New
					 York Code of Rules and Regulations, to the extent that these provisions require
					 the Department of State to charge a fee for replacement of documents provided
					 by the Division of Corporations or related to the Uniform Commercial
					 Code;
Subdivision (4) of Section 409  of the General Business Law,
					 to the extent that it requires payment of a fee for a duplicate or replacement
					 appearance enhancement license certificate;
Subdivision (5) of Section 440  of the General Business Law,
					 to the extent that it requires payment of a fee for a duplicate or replacement
					 license to engage in the practice of barbering;
Subdivision (6) of Section 441-a  of the Real Property Law,
					 to the extent that it requires payment of a fee for a duplicate or replacement
					 pocket card for real estate salespersons and brokers;
Subdivision (3) of Section 160-r  of the Executive Law, to
					 the extent that it requires payment of a fee for a duplicate or replacement
					 license, certification or pocket card for real estate appraisers;
Section 76  of the General Business Law, to the extent that
					 it requires payment of a fee for a duplicate or replacement certificate of
					 license or identification card for bail enforcement agents, private
					 investigators and watch, guard and patrol persons;
Subdivision (12) of Section 96  of the Executive Law, to the
					 extent that it requires payment of a fee for a duplicate or replacement license
					 for a security guard or armored car carrier;
Paragraph (c) of Subdivision (6) of Section 899-bbb  of the
					 General Business Law, to the extent that it requires payment of a fee for a
					 duplicate or replacement certificate of registration as a document destruction
					 contractor;
Subdivision (6) of Section 797  of the General Business Law,
					 to the extent that it requires payment of a fee for a duplicate or replacement
					 certificate of registration as a hearing aid dispenser;
Subdivision (13) of Section 131  of the Executive Law, to
					 the extent that it requires payment of a fee for a duplicate or replacement
					 notary public identification card;
Subdivision (2) of Section 750-g  of the General Business
					 Law, to the extent that it requires payment of a fee for a duplicate or
					 replacement license to engage in the business of operating a pet cemetery or
					 pet crematorium;
Subdivision (3) of Section 69-r  of the General Business
					 Law, to the extent that it requires payment of a fee for a duplicate or
					 replacement alarm installers license;
C. Suspension of Laws Relating to the
				  Department of Health
Subdivisions (2) and (9) of Section 4174  of the Public
					 Health Law, to the extent that it requires payment of a fee for replacement
					 certificates or certified transcripts of birth, and certificates of live birth,
					 death or fetal death;
Subdivision (6) of Section 4139 and Subdivision (9) of
					 Section 4174  of the Public Health Law, to the extent that they require payment
					 of a fee for a duplicate or replacement certification, certified copy or
					 certified transcript of a certificate of dissolution of marriage;
Section 20-a  of the Domestic Relations Law and Subdivision
					 (9) of Section 4174  of the Public Health Law, to the extent that they require
					 payment of a fee for a duplicate or replacement certified transcript of a
					 marriage;
D. Suspension of
				  Laws Relating to the Department of Taxation and Finance
Paragraph (a) of subdivision 1 of Section 502  of the Tax
					 Law, to the extent that it requires payment of a fee for replacement of a
					 highway use tax certificate of registration;
Subdivision (a) of Section 522  of the Tax Law, to the
					 extent that it requires payment of fees for replacement of a fuel use license
					 or decal; and
E. Suspension
				  of Laws Relating to the State Liquor Authority
Subdivision (6) of Section 114 of the Alcoholic Beverages
					 Control Law, to the extent that it requires payment of a fee for replacement of
					 any business license;
F.
				  Suspension of Law Relating to the State Education Department
Subdivision (4) of Section 7210  of the Education Law, to
					 the extent that it requires payment of a fee for replacement of certificate of
					 authorization to provide professional engineering or land surveying
					 services;
Sections 212 and 6507  of the Education Law and Subdivision
					 (f) of Section 59.9 of Subchapter B of Chapter 2 of Title 8 of the New York
					 Code of Rules and Regulations, to the extent that they require payment of a fee
					 for obtaining duplicate or replacement registration certificates and licensing
					 documents.
Signed: Andrew M. CuomoDated: September 15,
					 2011