Bill Text: NY S04937 | 2023-2024 | General Assembly | Introduced

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Bill Title: Authorizes the governor's disaster emergency production powers by allowing the prioritization of certain contracts and the allocation of materials and services; permits the restriction of certain accumulations to promote the health, safety and general welfare of the state.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS [S04937 Detail]

Download: New_York-2023-S04937-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4937

                               2023-2024 Regular Sessions

                    IN SENATE

                                    February 17, 2023
                                       ___________

        Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
          printed to be committed to the Committee on Veterans, Homeland Securi-
          ty and Military Affairs

        AN ACT to amend the executive law, in relation to authorizing the gover-
          nor's disaster emergency production powers

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

     1    Section  1.  The executive law is amended by adding a new section 28-b
     2  to read as follows:
     3    § 28-b. State disaster emergency allocation; priority in contracts and
     4  orders. 1. Subject to the state constitution, the federal  constitution,
     5  and  federal  statutes  and  regulations,  whenever the governor acts in
     6  accordance with section twenty-eight of  this  article,  he  or  she  is
     7  thereby  authorized  (a)  to require that performance under contracts or
     8  orders, other than contracts of employment,  which  the  governor  deems
     9  necessary  or  appropriate  to  promote  the  health, safety and general
    10  welfare of the state shall take  priority  over  performance  under  any
    11  other contract or order, and, for the purpose of assuring such priority,
    12  to  require  acceptance  and  performance of such contracts or orders in
    13  preference to other contracts or orders by any person the governor finds
    14  to be capable of their  performance,  and  (b)  to  allocate  materials,
    15  services,  and  facilities  in such manner, upon such conditions, and to
    16  such extent as he or she shall deem necessary or appropriate to  promote
    17  the health, safety and general welfare of the state.
    18    2. The powers granted in this section shall not be used to control the
    19  general  distribution  of any material in the civilian market unless the
    20  governor finds (a) that such material is a scarce and critical  material
    21  essential  to  the health, safety, and general welfare of the state, and
    22  (b) that the requirements of such material cannot otherwise be met with-
    23  out creating a significant dislocation of  the  normal  distribution  of

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06495-01-3
        S. 4937                             2

     1  such  material  in  the  civilian  market  to such a degree as to create
     2  appreciable hardship.
     3    3.  Subject  to  the state constitution, the federal constitution, and
     4  federal statutes and regulations, to prevent hoarding, no  person  shall
     5  accumulate  (a)  in  excess  of  the  reasonable  demands  of  business,
     6  personal, or home consumption, or (b) for the purpose of resale at pric-
     7  es in excess of reasonable market  prices,  materials  which  have  been
     8  designated  by  the governor as scarce materials or materials the supply
     9  of which would be threatened by such accumulation.
    10    4. Nothing in this section shall limit any power  authorized  pursuant
    11  to this article.
    12    § 2. This act shall take effect immediately.