|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jun 03, 2020||referred to veterans, homeland security and military affairs|
senate Bill S8466
Archive: Last Bill Status - In Senate Committee Veterans, Homeland Security And Military Affairs Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S8466 (ACTIVE) - Details
- See Assembly Version of this Bill:
- Current Committee:
- Senate Veterans, Homeland Security And Military Affairs
- Law Section:
- Executive Law
- Laws Affected:
- Rpld §2, Chap 23 of 2020; amd §29-a, Exec L
- Versions Introduced in Other Legislative Sessions:
2021-2022: S1749, A4907
2023-2024: S1117, A1953
S8466 (ACTIVE) - Summary
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.
S8466 (ACTIVE) - Sponsor Memo
BILL NUMBER: S8466 SPONSOR: BORRELLO TITLE OF BILL: 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 funda- mental constitutional rights PURPOSE OR GENERAL IDEA OF BILL: This bill requires every emergency declaration to be based on a county- by-county analysis, restricts state emergency declarations to 45 days unless an extension is approved by the State Legislature, allows County Executives or the Mayor of New York City to request termination of a state of emergency related to their jurisdiction, and requires due proc- ess protections for any actions that impair fundamental constitutional rights.
S8466 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8466 I N S E N A T E June 3, 2020 ___________ Introduced by Sen. BORRELLO -- read twice and ordered printed, and when printed to be committed to the Committee on Veterans, Homeland Securi- ty and Military Affairs 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. 2. Suspensions pursuant to subdivision one of this section shall be subject to the following standards and limits: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
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