New York S 6447: Relates to the placement of a discreet disability designation on non-driver identification cards, drivers' licenses and learners' permits and making technical and conforming changes; repealer

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 Speaker Carl E. Heastie

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S06447 Summary:

BILL NOS06447 

&nbsp

SAME ASSAME AS A00343

&nbsp

SPONSORCLEARE

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Add §94-d, Exec L

&nbsp

Establishes a temporary state assistance fund to provide legal counsel for bankruptcy proceedings under chapter eleven of the federal bankruptcy code; provides for the administration thereof.

Go to top S06447 Actions:

BILL NOS06447 

&nbsp

03/14/2025REFERRED TO FINANCE

01/07/2026REFERRED TO FINANCE

Go to topS06447 Committee&nbspVotes:

Go to topS06447 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS06447 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 6447

 2025-2026 Regular Sessions

 IN SENATE

 March 14, 2025
 ___________

 Introduced by Sen. CLEARE -- read twice and ordered printed, and when
 printed to be committed to the Committee on Finance

 AN ACT to amend the executive law, in relation to establishing a tempo-
 rary state assistance fund to provide legal counsel in certain bank-
 ruptcy proceedings and providing for the administration thereof

 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 "save merchants and retail tenants (SMART) act".
 3 § 2. The executive law is amended by adding a new section 94-e to read
 4 as follows:
 5 § 94-e. Temporary state assistance to fund legal services in certain
 6 bankruptcy proceedings. 1. Definitions. As used in this section:
 7 (a) "Administrator" means the New York office of court administration.
 8 (b) "Covered business" means any small business, not-for-profit corpo-
 9 ration, limited partnership, limited liability company, limited liabil-
 10 ity partnership, as well as other miscellaneous businesses, which
 11 conducts a majority of its business in the state and was adversely
 12 affected by COVID-19 or public health restrictions enforced by the state
 13 during the COVID-19 pandemic, which are eligible for relief under the
 14 federal Small Business Reorganization Act, as amended by the Coronavirus
 15 Aid, Relief, and Economic Security (CARES) Act of 2020, and files for
 16 bankruptcy protection under such act prior to March twenty-seventh, two
 17 thousand twenty-six.
 18 (c) "Bankruptcy court" means the United States bankruptcy court for
 19 the northern, southern, eastern or western district of the state.
 20 (d) "Legal services" means individualized legal assistance in a single
 21 consultation and/or ongoing legal representation, provided by a legal
 22 services provider to a covered business, and all legal advice, advocacy,
 23 and assistance associated with such service.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00171-01-5

 S. 6447 2

 1 (e) "Legal services provider" means an individual, organization, or
 2 association that has the authority to provide legal services and is
 3 designated by the administrator to provide such services.
 4 2. Temporary access to legal services for small businesses in certain
 5 bankruptcy proceedings. All covered businesses shall have access to
 6 legal services as provided in this subdivision and made available in a
 7 fund maintained by the administrator pursuant to subdivision four of
 8 this section.
 9 (a) Covered businesses affected by COVID-19 or public health
 10 restrictions enforced by the state during the COVID-19 pandemic, which
 11 file for relief under the federal Small Business Reorganization Act, as
 12 amended by the Coronavirus Aid, Relief, and Economic Security (CARES)
 13 Act, prior to March twenty-seventh, two thousand twenty-six, shall have
 14 access to legal services in connection with the filing and prosecution
 15 under chapter eleven of the federal bankruptcy code.
 16 (b) In all cases, access to legal services established in paragraph
 17 (a) of this subdivision shall terminate:
 18 (i) upon the termination or dismissal of the bankruptcy proceeding;
 19 (ii) at the recommendation of the United States trustee; or
 20 (iii) at the recommendation of the assigned United States bankruptcy
 21 judge.
 22 (c) In all cases, the right to counsel established in paragraph (a) of
 23 this subdivision shal