assembly Bill A10546

2019-2020 Legislative Session

Restores the legislative checks and balances to any emergency declaration that exceeds 45 days and ensures judicial due process rights for any action that impairs fundamental constitutional rights; repealer

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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 28, 2020 referred to governmental operations

Co-Sponsors

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A10546 (ACTIVE) - Details

See Senate Version of this Bill:
S8466
Law Section:
Executive Law
Laws Affected:
Rpld §2, Chap 23 of 2020; amd §29-a, Exec L

A10546 (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.

A10546 (ACTIVE) - Bill Text download pdf


                    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