Bill Text: NY A04033 | 2021-2022 | 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 3-0)

Status: (Introduced - Dead) 2022-01-05 - referred to governmental operations [A04033 Detail]

Download: New_York-2021-A04033-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4033

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    February 1, 2021
                                       ___________

        Introduced by M. of A. DiPIETRO -- read once and referred to the Commit-
          tee 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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02255-01-1
        A. 4033                             2

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