November 9, 2012

No. 69: Temporary Suspension and Modification of Statutory Provisions Relating to Payment of Fees for Duplicate State-Issued Documents and Extension of Expiration Dates

TOP No. 69: Temporary Suspension and Modification...
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WHEREAS, on October 26, 2012, I issued Executive Order Number 47, declaring a disaster emergency in all 62 counties in the State of New York; and

 

WHEREAS, on October 30, 2012, the President issued a major disaster declaration for the counties of Bronx, Kings, Nassau, New York, Queens, Richmond and Suffolk, and on November 2, 2012, extended such declaration to include the counties of Rockland and Westchester;

 

NOW, THEREFORE, I, ANDREW M. CUOMO, Governor of the State of New York, 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, I hereby temporarily suspend, for the period from the date of this Executive Order until further notice, for the purpose of allowing victims of the disaster residing within the federally declared counties 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, and the Secretary of State, the following laws:

 

A.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;

 

Section 301 of the Vehicle and Traffic Law, to the extent that it requires the inspection of vehicles currently bearing inspection stickers with expiration dates on or after October 29, 2012; and

 

Section 2109 and Subdivision (a) of Section 2112 of the Vehicle and Traffic Law, to the extent that those provisions require that a certificate of title be mailed to the owner of a vehicle;

 

B.Laws Relating to the Department of State

 

Subdivisions (3) and (4) of Section 96 and Section 96-a of the Executive Law, 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 (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;

 

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 (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 (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;

 

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 (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 (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;

 

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; and

 

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;

 

C.Laws Relating to the Department of Health

 

Subdivisions (2) and (9) of Section 4174 of the Public Health Law, to the extent that they require payment of a fee for replacement birth certificates or certified transcripts of birth, and certified copies or transcripts of 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; and

 

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 certification, certified copy or certified transcript of a certificate of marriage;

 

D. 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; and

 

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;

 

E. Laws 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; and

 

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 Codes, Rules and Regulations, to the extent that they require payment of a fee for obtaining duplicate or replacement registration certificates and licensing documents.

 

G I V E N under my hand and the Privy Seal of the

 

State in the City of Albany this ninth

 

day of November in the year two thousand twelve.

 

BY THE GOVERNOR

 

Secretary to the Governor

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