S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4907
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 8, 2021
                                ___________
 
 Introduced  by M. of A. GOODELL -- read once and referred to the Commit-
   tee on Governmental Operations
 
 AN ACT to repeal section 2 of chapter 23 of the laws of  2020,  amending
   the executive law relating to issuing by the governor of any directive
   necessary  to  respond to a state disaster emergency; and to amend the
   executive law, in relation to restoring  the  legislative  checks  and
   balances to any emergency declaration that exceeds forty-five days and
   ensures  judicial  due  proceeds  rights  for  any action that impairs
   fundamental constitutional rights
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 2 of chapter 23 of the laws of 2020, amending the
 executive law relating to issuing  by  the  governor  of  any  directive
 necessary to respond to a state disaster emergency, is REPEALED.
   § 2. Section 29-a of the executive law, as added by chapter 640 of the
 laws of 1978, subdivision 1 as amended by section 7 of part G of chapter
 55 of the laws of 2012, is amended to read as follows:
   § 29-a. Suspension of other laws. 1. A. Subject to the state constitu-
 tion, the federal constitution and federal statutes and regulations, the
 governor  may by executive order temporarily suspend specific provisions
 of any statute, local law, ordinance, or orders, rules  or  regulations,
 or  parts  thereof,  of any agency during a state disaster emergency, if
 compliance with such provisions would prevent, hinder, or  delay  action
 necessary to cope with the disaster.
   B.  EVERY  ORDER  DIRECTING  THE  TEMPORARY SUSPENSION OF ANY STATUTE,
 LOCAL LAW, ORDINANCE, OR ORDER, RULE OR REGULATION,  SHALL  SPECIFY  THE
 INDIVIDUAL  COUNTY  OR  COUNTIES  TO BE AFFECTED BY SUCH ORDER AND SHALL
 PROVIDE A DETAILED EXPLANATION AND RATIONALE THAT STATES  WITH  PARTICU-
 LARITY  THE  FACTS,  CIRCUMSTANCES, DEMOGRAPHICS, AND CONDITIONS OF EACH
 SUCH COUNTY THAT JUSTIFIES THE ISSUANCE OF SUCH AN ORDER RELATED TO SUCH
 COUNTY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04723-02-1

 A. 4907                             2
 
   2. Suspensions pursuant to subdivision one of this  section  shall  be
 subject to the following standards and limits:
   a.  no suspension shall be made for a period in excess of thirty days,
 provided, however, that upon reconsideration  of  all  of  the  relevant
 facts  and circumstances, the governor may extend the suspension for ANY
 SPECIFIED COUNTY OR COUNTIES FOR AN additional [periods] PERIOD  not  to
 exceed  [thirty]  FIFTEEN  days  [each].  AT THE END OF SUCH PERIOD, ALL
 SUSPENSIONS SHALL TERMINATE AND BE OF NO FURTHER FORCE OR EFFECT  UNLESS
 THE  LEGISLATURE,  BY  CONCURRENT RESOLUTION, AUTHORIZES AN EXTENSION BY
 THE GOVERNOR FOR A SPECIFIED COUNTY OR COUNTIES, FOR  A  PERIOD  NOT  TO
 EXCEED  AN  ADDITIONAL  THIRTY  DAYS;  PROVIDED THAT THE LEGISLATURE MAY
 AUTHORIZE MULTIPLE EXTENSIONS IF IT DEEMS NECESSARY;
   b. no suspension shall be made which does not safeguard the health and
 welfare of the public and which  is  not  reasonably  necessary  to  the
 disaster effort;
   c.  any  such  suspension  order shall specify the statute, local law,
 ordinance, order, rule or regulation or part thereof to be suspended and
 the terms and conditions of the suspension;
   d. the order may provide for such  suspension  only  under  particular
 circumstances, and may provide for the alteration or modification of the
 requirements of such statute, local law, ordinance, order, rule or regu-
 lation suspended, and may include other terms and conditions;
   e.  any  such suspension order shall provide for the minimum deviation
 from the requirements of the statute, local law, ordinance, order,  rule
 or  regulation  suspended  consistent  with  the  disaster action deemed
 necessary; and
   f. when practicable, specialists shall be assigned to assist with  the
 related  emergency  actions  to avoid needless adverse effects resulting
 from such suspension.
   3. Such suspensions shall be effective from the time and in the manner
 prescribed in such orders and shall be published as soon as  practicable
 in the state bulletin.
   4.  The  legislature  may terminate by concurrent resolution executive
 orders issued under this section at any time.
   5. A. ANY CHIEF EXECUTIVE OF A COUNTY EXCEPT A COUNTY WHOLLY CONTAINED
 WITHIN A CITY, OR THE MAYOR OF ANY CITY WITH MORE THAN A  MILLION  RESI-
 DENTS,  MAY  UPON  FIFTEEN DAYS NOTICE REQUEST THE GOVERNOR TO TERMINATE
 ANY DECLARATION OF A STATE DISASTER EMERGENCY OR ANY  RELATED  EXECUTIVE
 ORDER AFFECTING SUCH POLITICAL SUBDIVISION.
   B. IF THE GOVERNOR DENIES SUCH REQUEST, THE GOVERNOR SHALL WITHIN SUCH
 FIFTEEN  DAY PERIOD PROVIDE TO THE CHIEF EXECUTIVE OFFICER OF THE COUNTY
 OR MAYOR A DETAILED WRITTEN EXPLANATION AND RATIONALE THAT  STATES  WITH
 PARTICULARITY  THE  CIRCUMSTANCES,  DEMOGRAPHICS, AND CONDITIONS OF SUCH
 COUNTY OR CITY THAT JUSTIFIES THE CONTINUANCE OF SUCH AN  ORDER  RELATED
 TO  SUCH POLITICAL SUBDIVISION.  IF THE GOVERNOR FAILS TO RESPOND WITHIN
 SUCH FIFTEEN-DAY PERIOD, THE STATE DISASTER EMERGENCY  AND  ALL  RELATED
 EXECUTIVE  ORDERS  SHALL  CEASE  AND BE OF NO FURTHER FORCE OR EFFECT AS
 APPLIED TO THE REQUESTING COUNTY OR CITY.
   C. IF THE GOVERNOR DENIES A REQUEST TO TERMINATE ANY DECLARATION OF  A
 STATE DISASTER EMERGENCY OR ANY RELATED EXECUTIVE ORDER, THE CHIEF EXEC-
 UTIVE  OFFICER  OF THE COUNTY OR THE MAYOR MAY SEEK A JUDICIAL REVIEW OF
 THE GOVERNOR'S DECISION PURSUANT TO A SPECIAL  PROCEEDING  COMMENCED  IN
 SUPREME  COURT  IN THE AFFECTED COUNTY OR CITY.  THE GOVERNOR SHALL HAVE
 THE BURDEN TO ESTABLISH, WITH CLEAR AND CONVINCING EVIDENCE, WITHIN FIVE
 DAYS AFTER SERVICE ON THE GOVERNOR AND ATTORNEY GENERAL OF THE  PETITION
 SEEKING  JUDICIAL  REVIEW,    THE  NEED FOR A CONTINUATION OF SUCH STATE

 A. 4907                             3
 
 DISASTER EMERGENCY AND ANY RELATED EXECUTIVE ORDERS FOR SUCH  COUNTY  OR
 CITY  AND  THAT  SUCH EXECUTIVE ORDERS ARE NARROWLY TAILORED TO MEET THE
 DISASTER EMERGENCY AND COMPLY  WITH  THE  RESTRICTIONS  AND  LIMITATIONS
 CONTAINED  IN  THIS  CHAPTER, INCLUDING, AMONGST OTHER THINGS, INVOLVING
 THE MINIMUM DEVIATION FROM ANY PROVISION THAT WAS SUSPENDED AND AVOIDING
 NEEDLESS ADVERSE EFFECTS.   THE SUPREME COURT SHALL  RENDER  A  DECISION
 WITHIN  FIFTEEN  DAYS AFTER SERVICE ON THE GOVERNOR AND ATTORNEY GENERAL
 OF THE PETITION SEEKING JUDICIAL REVIEW.
   6. EVERY EXECUTIVE ORDER THAT IMPAIRS THE  RIGHT  TO  FREELY  PRACTICE
 RELIGION  OR  WORSHIP,  TO  PEACEABLY  ASSEMBLE, TO FREE SPEECH, TO FREE
 PRESS, OR TO LIBERTY OR PROPERTY; IMPAIRS EQUAL TREATMENT UNDER THE LAW;
 IMPAIRS THE VALIDITY OF AN EXISTING CONTRACT; OR OTHERWISE  IMPAIRS  ANY
 RIGHT  GRANTED  BY  THE NEW YORK STATE CONSTITUTION OR THE UNITED STATES
 CONSTITUTION SHALL, WITHIN THE EXECUTIVE ORDER  ITSELF,  PROVIDE  FOR  A
 PROCESS BY WHICH A PERSON OR ENTITY MAY SEEK REVIEW OF THE APPLICABILITY
 AND CONSTITUTIONALITY THEREOF.  SUCH REVIEW SHALL INCLUDE, AT A MINIMUM,
 THE  RIGHT TO A PROMPT IMPARTIAL ADMINISTRATIVE HEARING AND DECISION AND
 THE RIGHT TO APPEAL THE FINAL  DETERMINATION  OF  SUCH  HEARING  TO  THE
 SUPREME COURT IN THE COUNTY IN WHICH SUCH PERSON OR ENTITY IS LOCATED.
   §  3.  This  act shall take effect on the thirtieth day after it shall
 have become a law.