senate Bill S8466

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

download bill text pdf

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

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 03, 2020 referred to veterans, homeland security and military affairs

S8466 (ACTIVE) - Details

See Assembly Version of this Bill:
A10546
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

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

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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