S T A T E O F N E W Y O R K
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10546
I N A S S E M B L Y
May 28, 2020
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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necessary to respond to a state disaster emergency, is REPEALED.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
[ ] is old law to be omitted.
LBD16480-03-0
A. 10546 2
SUCH COUNTY THAT JUSTIFIES THE ISSUANCE OF SUCH AN ORDER RELATED TO SUCH
COUNTY.
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
A. 10546 3
DAYS AFTER SERVICE ON THE GOVERNOR AND ATTORNEY GENERAL OF THE PETITION
SEEKING JUDICIAL REVIEW, THE NEED FOR A CONTINUATION OF SUCH STATE
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.