senate Bill S8326

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 Senate Committee Veterans, Homeland Security And Military Affairs 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 11, 2020 referred to veterans, homeland security and military affairs

Co-Sponsors

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S8326 (ACTIVE) - Details

See Assembly Version of this Bill:
A10449
Current Committee:
Senate Veterans, Homeland Security And Military Affairs
Law Section:
Executive Law
Laws Affected:
Amd §29-a, Exec L

S8326 (ACTIVE) - Summary

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

S8326 (ACTIVE) - Sponsor Memo

S8326 (ACTIVE) - Bill Text download pdf


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

                                  8326

                            I N  S E N A T E

                              May 11, 2020
                               ___________

Introduced  by  Sen. HELMING -- 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 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

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