Assembly Resolution No. 214

BY: M. of A. Zebrowski

CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
terminating certain suspensions of law in Executive
Orders numbers 202.6 and 202.7

WHEREAS, the Governor was given the authority pursuant to Executive
Law section 29-a by Executive Order to temporarily suspend or modify any
statute, local law, ordinance, order, rule, or regulation, or parts
thereof, of any agency during a state disaster emergency if compliance
with such statute, local law, ordinance, order, rule, or regulation
would prevent, hinder, or delay action necessary to cope with the
disaster emergency or if necessary to assist or aid in coping with such
disaster; and

WHEREAS, Executive Orders numbers 202.6 and 202.7 include several
provisions of law for the purposes of easing provisions of law governing
the activities of public officers for the purpose of hiring volunteers
by the state during the state of emergency within compliance with these
provisions of law; and

WHEREAS, Executive Orders numbers 202.6 and 202.7 accomplish this
goal through the following suspensions or modifications of law;
subclause 1 of Executive Order number 202.6, which suspends or modifies
section 3 of the Public Officers Law to not apply to an individual who
is deemed necessary to hire or to engage in a volunteer capacity to
provide for an effective and efficient emergency response, for the
duration of such emergency; subclause 2 of Executive Order number 202.6,
which suspends or modifies paragraph (i) of subdivision 1 of section 73
of the Public Officers Law to not apply to any person who is hired,
retained, appointed, or who volunteers in any way to assist New York
State in its response to the declared emergency; subclause 3 of
Executive Order number 202.6, which suspends or modifies subparagraph 5
of section 73 of the Public Officers Law to not apply to a state officer
or employee, or a volunteer who is facilitating contributions or
donations to assist New York State in its response to the declared
emergency; subclause 4 of Executive Order number 202.6, which suspends
or modifies subdivision 8 of section 73 of the Public Officers Law and
section 74 of the Public Officers Law to not apply to volunteers or
contractors who assist New York State in its response, provided that any
recusals shall be adhered to if determined necessary by the appointing
entity; and subclause 1 of Executive Order number 202.7, which modifies
the suspensions in subclause 3 and subclause 4 of Executive Order number
202.6, for purposes of clarifying that such suspensions and
modifications shall only be valid with respect to a person hired for a
nominal or no salary or in a volunteer capacity; and

WHEREAS, the State Legislature has the authority to terminate by
concurrent resolution Executive Orders issued under section 29-a of the
Executive Law; now, therefore, be it

RESOLVED, (if the &HOUSE concur), That subclauses 1, 2, 3, and 4 of
Executive Order number 202.6, as extended or modified, and subclause 1
of Executive Order number 202.7, as extended or modified, are hereby
terminated.