Bill Text: NY S08326 | 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: Partisan Bill (Republican 9-0)

Status: (Introduced - Dead) 2020-05-11 - REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS [S08326 Detail]

Download: New_York-2019-S08326-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8326

                    IN SENATE

                                      May 11, 2020
                                       ___________

        Introduced  by  Sen. HELMING -- 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 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
        S. 8326                             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.