assembly Bill A10449

2019-2020 Legislative Session

Eliminates the power of the governor to issue executive orders for assistance in state disaster emergencies

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Sponsored By

Current Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 18, 2020 referred to governmental operations

Co-Sponsors

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A10449 (ACTIVE) - Details

See Senate Version of this Bill:
S8326
Law Section:
Executive Law
Laws Affected:
Amd §29-a, Exec L

A10449 (ACTIVE) - Summary

Eliminates the powers of the governor to issue any directive necessary to respond to a state disaster.

A10449 (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10449

                          I N  A S S E M B L Y

                              May 18, 2020
                               ___________

Introduced by COMMITTEE ON RULES -- (at request of M. of A. DiPietro) --
  read once and referred to the Committee on Governmental Operations

AN ACT to amend the executive law, in relation to eliminating the powers
  of the governor to issue any directive necessary to respond to a state
  disaster

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 29-a of the executive law, as amended by chapter 23
of the laws of 2020, is amended to read as follows:
  § 29-a. Suspension of other laws. 1. Subject to  the  state  constitu-
tion, the federal constitution and federal statutes and regulations, the
governor  may  by executive order temporarily suspend 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 or if necessary to assist or aid in coping with such disas-
ter. [The governor, by executive order, may issue any directive during a
state disaster emergency declared in the  following  instances:    fire,
flood,  earthquake, hurricane, tornado, high water, landslide, mudslide,
wind, storm, wave action, volcanic activity, epidemic, disease outbreak,
air contamination, terrorism, cyber event, blight, drought, infestation,
explosion, radiological  accident,  nuclear,  chemical,  biological,  or
bacteriological  release,  water contamination, bridge failure or bridge
collapse. Any such directive must be necessary to cope with the disaster
and may provide for procedures  reasonably  necessary  to  enforce  such
directive.]
  2.  Suspensions  pursuant  to subdivision one of this section shall be
subject to the following standards and limits[, which shall apply to any
directive where specifically indicated]:
  a. no suspension [or directive] 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 additional periods not to exceed thirty days each;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.