Bill Text: NY A10449 | 2019-2020 | General Assembly | Introduced

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Bill Title: Eliminates the powers of the governor to issue any directive necessary to respond to a state disaster.

Spectrum: Moderate Partisan Bill (Republican 6-1)

Status: (Introduced - Dead) 2020-05-18 - referred to governmental operations [A10449 Detail]

Download: New_York-2019-A10449-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          10449

                   IN ASSEMBLY

                                      May 18, 2020
                                       ___________

        Introduced by COMMITTEE ON RULES -- (at request of M. of A. DiPietro) --
          read once and referred to the Committee on Governmental Operations

        AN ACT to amend the executive law, in relation to eliminating the powers
          of the governor to issue any directive necessary to respond to a state
          disaster

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 29-a of the executive law, as amended by chapter 23
     2  of the laws of 2020, is amended to read as follows:
     3    § 29-a. Suspension of other laws. 1. Subject to  the  state  constitu-
     4  tion, the federal constitution and federal statutes and regulations, the
     5  governor  may  by executive order temporarily suspend any statute, local
     6  law, ordinance, or orders, rules or regulations, or  parts  thereof,  of
     7  any  agency  during  a state disaster emergency, if compliance with such
     8  provisions would prevent, hinder, or delay action necessary to cope with
     9  the disaster or if necessary to assist or aid in coping with such disas-
    10  ter. [The governor, by executive order, may issue any directive during a
    11  state disaster emergency declared in the  following  instances:    fire,
    12  flood,  earthquake, hurricane, tornado, high water, landslide, mudslide,
    13  wind, storm, wave action, volcanic activity, epidemic, disease outbreak,
    14  air contamination, terrorism, cyber event, blight, drought, infestation,
    15  explosion, radiological  accident,  nuclear,  chemical,  biological,  or
    16  bacteriological  release,  water contamination, bridge failure or bridge
    17  collapse. Any such directive must be necessary to cope with the disaster
    18  and may provide for procedures  reasonably  necessary  to  enforce  such
    19  directive.]
    20    2.  Suspensions  pursuant  to subdivision one of this section shall be
    21  subject to the following standards and limits[, which shall apply to any
    22  directive where specifically indicated]:
    23    a. no suspension [or directive] shall be made for a period  in  excess
    24  of  thirty  days, provided, however, that upon reconsideration of all of
    25  the relevant facts  and  circumstances,  the  governor  may  extend  the
    26  suspension for additional periods not to exceed thirty days each;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16349-01-0
        A. 10449                            2

     1    b.  no  suspension  [or  directive]  shall be made which is not in the
     2  interest of the health or welfare of the public and which is not reason-
     3  ably necessary to aid the disaster effort;
     4    c.  any  such  suspension  order shall specify the statute, local law,
     5  ordinance, order, rule or regulation or part thereof to be suspended and
     6  the terms and conditions of the suspension;
     7    d. the order may provide for such  suspension  only  under  particular
     8  circumstances, and may provide for the alteration or modification of the
     9  requirements of such statute, local law, ordinance, order, rule or regu-
    10  lation suspended, and may include other terms and conditions;
    11    e.  any  such  suspension  order  [or directive] shall provide for the
    12  minimum deviation from the requirements of the statute, local law, ordi-
    13  nance, order, rule or regulation suspended consistent with the goals  of
    14  the disaster action deemed necessary; and
    15    f.  when practicable, specialists shall be assigned to assist with the
    16  related emergency actions to avoid needless  adverse  effects  resulting
    17  from such suspension.
    18    3.  Such  suspensions [or directives] shall be effective from the time
    19  and in the manner prescribed in such orders and shall  be  published  as
    20  soon as practicable in the state bulletin.
    21    4.  The  legislature  may terminate by concurrent resolution executive
    22  orders issued under this section at any time.
    23    § 2. This act shall take effect immediately; provided,  however,  that
    24  the  amendments to section 29-a of the executive law made by section one
    25  of this act shall not affect the expiration of such section and shall be
    26  deemed to expire therewith.