Bill Text: NY S01602 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to the length of time of a state disaster emergency declaration; requires the governor to transmit a weekly report to the legislature during a state disaster emergency; relates to the communication between the governor and parties affected by a suspension of laws during a state disaster emergency.

Spectrum: Partisan Bill (Republican 6-0)

Status: (Introduced) 2024-01-03 - REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS [S01602 Detail]

Download: New_York-2023-S01602-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1602

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 12, 2023
                                       ___________

        Introduced  by  Sens. GRIFFO, BORRELLO, GALLIVAN, LANZA, O'MARA, TEDISCO
          -- read twice and ordered printed, and when printed to be committed to
          the Committee on Veterans, Homeland Security and Military Affairs

        AN ACT to amend the executive law, in relation to the length of time  of
          a  state  disaster  emergency  declaration,  requiring the governor to
          transmit a weekly report to the legislature during  a  state  disaster
          emergency,  and  the  communication  between  the governor and parties
          affected by a suspension of laws during a state disaster emergency

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

     1    Section 1.  Subdivision 3 of section 28 of the executive law, as added
     2  by  chapter  640 of the laws of 1978 and as renumbered by chapter 708 of
     3  the laws of 1981, is amended to read as follows:
     4    3. The executive order shall include a description  of  the  disaster,
     5  and the affected area. Such order or orders shall remain in effect for a
     6  period  not to exceed [six months] thirty days or until rescinded by the
     7  governor, whichever occurs first, except in accordance with  subdivision
     8  three  of  section  twenty-eight-b  of  this  article. The governor [may
     9  issue] shall request additional orders  to  extend  the  state  disaster
    10  emergency for additional periods not to exceed [six months] thirty days.
    11    § 2. The executive law is amended by adding a new section 28-b to read
    12  as follows:
    13    §  28-b.  Term of state disaster emergency declaration.  1. The period
    14  for which a declaration of a state disaster  emergency,  as  defined  in
    15  paragraph  b of subdivision two of section twenty of this article, shall
    16  be for no more than thirty calendar  days,  except  in  accordance  with
    17  subdivision  three  of this section. After the thirty day period, if the
    18  governor shall deem it necessary to continue the declaration, he or  she
    19  shall  seek the approval of the senate and the assembly to continue such
    20  declaration for an additional thirty days. The  governor  may  seek  the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03144-01-3
        S. 1602                             2

     1  approval of the senate and the assembly as many times as is necessary to
     2  address a state disaster emergency and to continue such a declaration.
     3    2. The governor shall not issue a state disaster emergency declaration
     4  for  more  than thirty days, except in accordance with subdivision three
     5  of this section.
     6    3. In the event that the governor requests the approval of the  senate
     7  and the assembly  to continue a declaration of a state disaster emergen-
     8  cy  pursuant  to subdivision one of this section, and the legislature is
     9  not in session, then the governor shall call upon the  temporary  presi-
    10  dent  of the senate and the speaker of the assembly to convene a special
    11  session for the purpose of considering legislative authorization for the
    12  governor to extend the disaster declaration  for  an  additional  thirty
    13  days.  In  the  event that the temporary president of the senate and the
    14  speaker of the assembly inform the governor that a quorum  of  both  the
    15  senate  and  the assembly cannot be met, or in the event that the tempo-
    16  rary president of the senate and/or the speaker of the assembly, due  to
    17  death  or  disability,  are  unable  to respond to such request from the
    18  governor, then the governor shall have the  authority  to  continue  the
    19  declaration until such time as the senate and assembly can convene.
    20    §  3.  Subdivision 2 of section 29-a of the executive law, as added by
    21  chapter 640 of the laws of 1978, is amended to read as follows:
    22    2. Suspensions pursuant to subdivision one of this  section  shall  be
    23  subject to the following standards and limits:
    24    a.  no suspension shall be made for a period in excess of thirty days,
    25  provided, however, that upon reconsideration  of  all  of  the  relevant
    26  facts  and  circumstances,  the  governor  may extend the suspension for
    27  additional periods not to exceed thirty days each in accordance with the
    28  provisions of subdivisions one and three of  section  twenty-eight-b  of
    29  this article;
    30    b. no suspension shall be made which does not safeguard the health and
    31  welfare  of  the  public  and  which  is not reasonably necessary to the
    32  disaster effort;
    33    c. any such suspension order shall specify  the  statute,  local  law,
    34  ordinance, order, rule or regulation or part thereof to be suspended and
    35  the terms and conditions of the suspension;
    36    d.  the  order  may  provide for such suspension only under particular
    37  circumstances, and may provide for the alteration or modification of the
    38  requirements of such statute, local law, ordinance, order, rule or regu-
    39  lation suspended, and may include other terms and conditions;
    40    e. any such suspension order shall provide for the  minimum  deviation
    41  from  the requirements of the statute, local law, ordinance, order, rule
    42  or regulation suspended  consistent  with  the  disaster  action  deemed
    43  necessary; [and]
    44    f.  when practicable, specialists shall be assigned to assist with the
    45  related emergency actions to avoid needless  adverse  effects  resulting
    46  from such suspension[.]; and
    47    g. the order may only be issued after the governor has solicited input
    48  from  and communicated such action to the parties to be affected by such
    49  suspension, including but not limited to local governments, individuals,
    50  businesses, associations and others who are governed  by  the  suspended
    51  law.
    52    § 4. The executive law is amended by adding a new section 29-l to read
    53  as follows:
    54    §  29-l.  Weekly  report  of governor to the legislature. The governor
    55  shall transmit a weekly report on all suspension of laws, all  executive
    56  actions,  all  executive decisions, and all communications of the gover-
        S. 1602                             3

     1  nor, his agencies and affected parties in relation to the state disaster
     2  emergency declaration, on a weekly basis.  Such  report,  including  all
     3  information included in such report, shall be transmitted both electron-
     4  ically  and  by  mail or courier to each individual member of the senate
     5  and assembly weekly.
     6    § 5. This act shall take effect immediately.