New York State Disaster & Terrorism Legislation for 2001
Compiled by Janice E. Henderson
Director of Professional Development & Library Services, Baker & McKenzie, New York, NY

Press Release (November 1, 2001) - Governor Pataki, Attorney General Spitzer Announce Comprehensive New Anti-Terrorism Legislation. Editor's Comments: The current legislation in regards to this press release is S.5823.  The bill still resides in the Assembly.  It was referred to codes on 10/24/01.  At this time no other legislation has been introduced.

NEW BILLS   

A.6409 - General Municipal Law
TITLE....Relates to providing paid leave for certain disaster relief volunteers.   

A.9453 - Criminal Procedure Law
TITLE....Creates the crimes of criminal possession of a chemical weapon or biological weapon in the first and second degrees. 

A.9464 - General Municipal Law
TITLE....Provides for benefits to public employees who died or suffered disabling injuries in the line of duty as a result of the attack on the World Trade Center.   

A.9465 - Public Authorities Law
TITLE....Creates the lower Manhattan resurgence authority.

A.9468 - Tax Law
TITLE....Provides a personal income tax exemption to the victims of the attack on the World Trade Center.   

A.9469 - Real Property Tax Law
TITLE....Extends the deadline for payment of real property taxes by victims of the September 11, 2001 terrorist attack until January 2, 2002.

A.9470 - Real Property Tax Law

TITLE....Grants a real property tax exemption for victims of a terrorist attack against the United States which occurred on September 11, 2001.

A.9471 - Real Property Tax Law
TITLE....Grants an additional school tax relief exemption to rescue workers at the World Trade Center disaster site.

A.9473 - Education Law

TITLE....Provides a memorial award for children, spouses and dependents of victims of the terrorist attack of September 11, 2001.

A.9474 - Insurance Law
TITLE....Provides extraordinary continuation and conversion rights for certain employees or members, or dependents of such employees or members.   

A.9475 - Commissions

TITLE....Creates a temporary state commission to design and plan a memorial to honor New Yorkers who lost their lives as a result of the September 11, 2001, terrorist attack.

A.9476 - New York City Administrative Code
TITLE....Relates to the authority of the commissioner of finance of New York City and the commissioner of taxation and finance to extend deadlines. 

A.9477 - Tax Law
TITLE....Allows certain tax exemptions for persons or entities who had premises located in the World Trade Center.   

A.9478 - Tax Law
TITLE....Requires expeditious processing of refund applications for individuals killed as a result of the terrorist attacks on the World Trade Center.

A.9480 - Tax Law
TITLE....Provides a sales tax exemption for purchases of items used as replacement property for property lost as a result of the terrorist attack upon New York city.

A.9482 - Workers' Compensation Law
TITLE....Enacts the "workers' compensation act for World Trade Center volunteer rescue workers". 

A.9483 - Workers' Compensation Law
TITLE....Amends provisions which make employees ineligible for disability benefits for disabilities from act of war to exclude disabilities which result from WTC attack. 

A.9484 - Labor Law
TITLE....Provides that for purposes of contributions to unemployment insurance fund an employer's account shall not be charged for benefits for certain WTC claims. 

A.9485 - Workers' Compensation Law
TITLE....Provides for rebuttable presumption that employee killed or injured in the World Trade Center attack of 9/11 was an employee of the uninsured employer. 

A.9486 - Labor Law
TITLE....Makes the waiting period for unemployment insurance benefits inapplicable to certain claimants who were laid off as an economic consequence of the 9/11/01 WTC attack. 

A.9487 - Labor Law
TITLE....Waives the waiting period for unemployment insurance benefits for claims arising out of the September 11, 2001 terrorist attack on the World Trade Center.   

A.9488 - General Construction Law
TITLE....Designates September 11 as a public holiday known as the State Day of Remembrance and Recognition.

A.9489 - Executive Law
TITLE....Allows political subdivisions to make financial contributions to any other political subdivision to help with disaster relief efforts. 

A.9491 - New York City
TITLE....Requires the availability for reproduction and inspection of legal documents or materials destroyed in the World Trade Center disaster. 

A.9495 - Tax Law
TITLE....Creates the World Trade Center Relief Fund.   

A.9496 - Taxation
TITLE....Exempts certain members of New York city uniformed service from personal income tax on income earned after September 11, 2001.

A.9497 - Public Authorities Law
TITLE....Authorizes the dormitory authority to issue bonds to finance the redevelopment and reconstruction of destruction from the terrorist attack of September 11, 2001.

A.9499 - Executive Law
TITLE....Requires the state emergency management office to offer a course in civil defense and disaster preparedness.   

A.9500 - Tax Law
TITLE....Creates an exemption for financial assistance and compensation received by victims in connection with the terrorist attack of September 11, 2001.

A.9501 - Education Law
TITLE....Creates a memorial scholarship for children and spouses of officers, EMS technicians, and firefighters who died as a result of the terrorist attacks on September 11, 2001.

A.9502 - Executive Law
TITLE....Requires the flag to be flown at half-staff on all public buildings on September eleventh to commemorate the terrorist attacks on the world trade center and pentagon. 

A.9503 - Executive Law
TITLE....Requires the flag to be flown at half-staff on all school buildings on September eleventh to commemorate the terrorist attacks on the world trade center and pentagon.   

S.2628A - Real Property Tax Law
TITLE....Authorizes tax assessor right to approve or deny applications for STAR tax exemptions. 

S.5797 - Civil Practice Law and Rules
TITLE....Requires the availability for reproduction and inspection of legal documents or materials destroyed in the World Trade Center disaster.   

S.5798 - Insurance Law
TITLE....Prohibits insurance contracts from exempting any claim by the insured for a loss incurred as a result of terrorism.

S.5802 - Appropriations
TITLE....Creates the World Trade Center Memorial Commission; appropriation.   

S.5803 - Appropriations
TITLE....Creates the state commission on threat assessment and preparedness; appropriation.

 
S.5808 - Governor
TITLE....Relates to the prerequisites, time and scope of state and local deadlines following a state disaster emergency. 

S.5809 - Penal Law
TITLE....Creates the crime of dissemination of a false substance. 

S.5811 - Penal Law
TITLE....Creates the crime of biological terrorism.   

S.5812 - Penal Law
TITLE....Makes it a crime to mail a substance which appears to be of a bio-chemical nature and hazardous to person's health which in fact is not; makes such crime a class E felony.

S.5820 - General Construction Law
TITLE....Designates September 11 as a public holiday known as the State Day of Remembrance and Recognition.

S.5823 - Criminal Procedure Law
TITLE....Creates crimes of relating to chemical and biological weapons (This bill passed the Senate on 10/24/01 and is now in the Assembly.) 

S.5834 - Vehicle and Traffic Law
TITLE....Relates to World Trade Center Remembrance license plates. 

S.5836 - Executive Law
TITLE....Allows political subdivisions to make financial contributions to any other political subdivision to help with disaster relief efforts.   

S.5841 - Public Health Law
TITLE....Creates the state emergency health powers act.

S.5843 - Taxation
TITLE....Freezes tax rates on the franchise, income, corporation, petroleum business, and sales and compensating use taxes to promote stability in the wake of terrorism.

S.5846 - New York City
TITLE....Establishes certain requirements relating to the New York city liberty and resurgence zones.

S.5849 - Penal Law
TITLE....Makes possession of disguised knife class A misdemeanor of criminal possession of a weapon in the fourth degree.

S.5852 - New York City Administrative Code
TITLE....Increases benefits payable by the police and fire variable supplements funds to pension fund beneficiaries.

S.5853 - Executive Law

TITLE....Requires the flag to be flown at half-staff on all public buildings on September eleventh to commemorate the terrorist attacks on the World Trade Center and Pentagon.

S.5854 - Executive Law

TITLE....Requires the flag to be flown at half-staff on all school buildings on September eleventh to commemorate the terrorist attacks on the World Trade Center and Pentagon.

For copies of the following chapters, link to the New York State Legislature

• Chapter 244 (S357-C)
  Relates to placing a false bomb in a public place

• Chapter 264 (S3297-A)
  Increases certain special accidental death benefits for surviving spouses and children of certain police and fire personnel  

• Chapter 296 (S5789-A)
  Makes appropriations for payments related to the attack on the World Trade Center

• Chapter 297 (S5790)
  Authorizes the issuance of additional bonds of the New York City Transitional Finance Authority (to avoid shortfall should Federal funds be delayed)

• Chapter 298 (S5791)
  Enacts the Emergency Primary Election Rescheduling Act of 2001

• Chapter 299 (S70001)
  Enacts the Emergency Management Assistance Compact

• Chapter 300 (S70002)
  Enacts the Anti-terrorism Act of 2001 (this had been proposed by Governor Pataki in June)

• Chapter 301 (S70003)
  Enacts provisions relating to falsely reporting an incident and placing a false bomb and increases penalties therefore

• Chapter 302 (S70004)
  Amends Chapter 301 to make certain technical corrections

• Chapter 358 (A2709, S1518)
  Relates to providing paid leave for certain disaster relief volunteers 

• Chapter 413 of 2000
  Estates, Powers and Trust Law section 2-1.7 relating to "Presumption of Death From Absence" EPTL section 2-1.7 as amended in 2000, states in paragraph (b), "The fact that such person was exposed to a specific peril of death may be a sufficient basis for determining at any time after such exposure that he or she died less than three years after the date of his or her absence
  commenced."

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Declaring a Disaster Emergency in the State of New York - Executive Order #113

• 113 - Declaring a Disaster Emergency in the State of New York

• 113.1 - Temporary Suspension of Election Law Provisions as the Result of a State Disaster Emergency

• 113.2 - Directing that the Adjutant General Order into Active Service the Organized Militia to Assist Civil Agencies and Authorities in the Sate of New York in Disaster Recovery Efforts

• 113.3 - Finding of Emergency and Determination that Banking Organizations May, at Their Discretion, Close Any or All of Their Places of Business Affected by the Emergency

• 113.4 - Temporary Suspension and Modification of Statutory Provisions Relating to the Geographical Area of Employment for Police Officers and Peace Officers as the Result of a State Disaster Emergency

• 113.5 - Temporary Suspension of Provisions Relating to Payment of Crime Victims Awards as the Result of a State Disaster Emergency

• 113.6 - Temporary Suspension of Provisions Relating to the Waiting Period for Unemployment Insurance Claimants Whose Claim for Unemployment Arises Directly out of the Terrorist Attack on the World Trade Center

• 113.7 - Temporary Suspension and Modification of Statutory Provisions Established Time Limitations on Actions and Time in Which to Take an Appeal

• 113.8 - Finding of Emergency and Determination that Banking Organizations May, at Their Discretion, Close Any or All of Their Places of Business Affected by the Emergency

• 113.9 - Temporary Suspension of Provisions Relating to Transportation for the State Disaster Emergency

• 113.10 - Finding of Emergency and Determination that Banking Organizations May, at Their Discretion, Close Any or All of Their Places of Business Affected by the Emergency

• 113.11 - Finding of Emergency and Determination that Banking Organizations May, at Their Discretion, Close Any or All of Their Places of Business Affected by the Emergency

• 113.12 - Temporary Suspension and Modification of Statutory Provisions Establishing Time in Which to Take an Appeal in Family Court and Court of Claims Actions

• 113.13 - Temporary Suspension of Provisions Relating to Highway Construction Contracts for the State Disaster Emergency

• 113.14 - Temporary Suspension of Provisions Regarding Threshold for Review of State Contracts

• 113.15 - Finding of Emergency and Determination that Banking Organizations May, at Their Discretion, Close Any or All of Their Places of Business Affected by the Emergency

• 113.16 - Finding Of Emergency And Determination That Banking Organizations May At Their Discretion, Close Any Or All of Their Places of Business Affected By The Emergency

• 113.17 - Finding Of Emergency And Determination That Banking Organizations May At Their Discretion, Close Any Or All of Their Places of Business Affected By The Emergency

• 113.18 - Temporary Suspension of Provisions Relating to Design and Construction and Procurement of Commodities, Technology and Services for the State Disaster Emergency

• 113.19 - Temporary Suspension and Modification of Statutory and Regulatory Provisions Relating to Forensic Identification Testing (Not available in PDF format)

• 113.20 - Finding Of Emergency And Determination That Banking Organizations May At Their Discretion, Close Any Or All of Their Places of Business Affected By The Emergency

• 113.21 - Finding of an Emergency and Determination the State University of New York and the City University of New York Shall, Immediately and to the Fullest Extent Possible, Establish Scholarship Programs to Provide the Innocent Victims and the Spouses and Children of Innocent Victims Who Have Died or Have Become Severely Disabled as a Result of the September 11, 2001 Terrorist Attack on the United State of America, With Financial Support to Pay the Cost of Tuition, Room and Board, Fees, Books, Supplies and Transportation

• 113.22 - Finding Of Emergency And Determination That Banking Organizations May At Their Discretion, Close Any Or All of Their Places of Business Affected By The Emergency

• 113.23 - Rescinding Executive Order 113.13, Which Authorized the Commissioner of Transportation to Stop Work on Certain Highway Construction Contracts in the City of New York 

• 113.24 - Temporary Suspension and Modification of Provisions Relating to Access to Proceedings in Surrogate's Court and to Bank Accounts and Money Market Accounts by Certain Individuals as the Results of Terrorist Acts of September 11, 2001

• 113.25 - Extension of Real Property Tax Deadlines Until October 15, 2001 as the Result of a State Disaster Emergency

• 113.26 - Temporary suspension of provisions relating to payment of compensation to State employees who were not performing services for the State as the direct result of the World Trade Center attack

• 113.27 - Directing that the Adjutant General order into active service the organized militia to assist civil agencies and authorities in the State of New York in airport security operations

• 113.28 - Reinstatement of Statutory Provisions Establishing Time Limitations On Actions And Time In Which To Take An Appeal And Continued Limited Suspension and Modification Of Such Limitations

• 113.29 - Suspension of regulations regarding transportation and handling of certain solid waste resulting from the World Trade Center Disaster

• 113.30 - Suspension of provisions relating to crime victim awards for persons dependent upon victims of the World Trade Center attack and redefining the term principal support for persons dependent upon victims who die as a result of a crime

• 113.31 - Temporary suspension of statutory provisions relating to distribution of crime victims awards

• 113.32 - Continuing the suspension of certain provisions of law: Exec Orders 113.4, 113.5, 113.6, 113.9, 113.14. 113.18, 113.19, 113.19-A, 113.24 shall continue through November 8, 2001.  113.26 shall continue through November 7, 2001

• 113.33 - Temporary suspension and modification of provisions relating to enforcement actions to prevent fraudulent solicitations of charitable donations

• 113.34 - Establishing the Position of State Director of the Office of Public Security

• 113.35 - Temporary Suspension Of Workers' Compensation Law Requirement That Victims Of The Terrorist Attacks On September 11, 2001 Must Notify Employers Within Thirty Days Of Injuries Or Deaths Sustained As A Result Of Such Attacks

• 113.36 - Temporary Suspension And Modification Of Statutory Provisions Relating To Employment Of Retired Members Of The State Police

• 113.37 - Directing That The Adjutant General Order Into Active Service The Organized Militia To Assist Civil Agencies And Authorities In The State Of New York In Security Efforts At Transportation Facilities, Bridges, Tunnels, Utility, And Communications Facilities, Public Events and Venues

• 113.38 - Directing State And Local Police Agencies To Notify The Diversion Of State Police Of Threats Or Incidents Of The Release Of Biological Or Chemical Agents
  
  
• 113.39 - Temporary Suspension of Statutory Provisions Relating to Training Requirements for Officers and Members of the Uniformed Forced of the New York City Fire Department
  
  
• 113.40 - Allowing Access to Photo Images Retained by the Department of Motor Vehicles to Assist in Terrorist Investigations
  
  

• 113.41 - Temporary Suspension and Modification of Statutory and Regulatory Provisions Concerning Eligibility for Medicaid, Family Health Plus and the Child Health Insurance Plan.

   

• 113.42 - Continuing the Suspension of Certain Provisions of Law

• 113.43 - Continuing the Suspension of Certain Provisions of Law
  
  

• 113.43a - Continuing the Suspension of Certain Provisions of Law (Not available in .pdf)
  

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Additional Documents

New York State Legislative Joint Resolution condemning the attack on the World Trade Center, the Pentagon and the United and American Airlines flights.

Procedure for Issuance of Death Certificates for Individuals Currently Missing at the World Trade Center. 

Editor's Note: This webpage will be updated on a continous basis. Last update: 09/25/2002