Restores the legislative checks and balances to any emergency declaration that exceeds forty-five days and ensures judicial due process rights for any action that impairs fundamental constitutional rights by limiting the powers of the governor to suspend laws during a state disaster emergency and requiring a specification and explanation of which municipalities are effected by such suspension of laws.
S T A T E O F N E W Y O R K
________________________________________________________________________
10546
I N A S S E M B L Y
May 28, 2020
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Goodell,
Barclay, Ashby, Brabenec, Byrnes, Crouch, DeStefano, DiPietro, Finch,
Friend, Hawley, Kolb, Lawrence, LiPetri, Manktelow, Mikulin, B. Mill-
er, M. L. Miller, Montesano, Morinello, Norris, Palmesano, Ra, Reilly,
Salka, Smullen, Tague, Walczyk, Walsh, Byrne, Giglio, Malliotakis,
Stec) -- read once and referred to the Committee on Governmental Oper-
ations
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necessary to respond to a state disaster emergency, is REPEALED.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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
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