The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6571
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 19, 2021
                                ___________
 
 Introduced  by  M.  of A. DiPIETRO, BRABENEC, SCHMITT, MANKTELOW, ASHBY,
   HAWLEY, SALKA -- read once and referred to the  Committee  on  Govern-
   mental Operations
 
 AN ACT to amend the executive law, in relation to the suspension of laws
   during  a  declared state of emergency; and permitting schools to open
   to students under certain guidelines

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  4  of  section 29-a of the executive law, as
 amended by chapter 23 of the  laws  of  2020,  is  amended  to  read  as
 follows:
   4.  The  legislature may terminate by concurrent resolution ANY execu-
 tive [orders] ORDER, OR MAY MODIFY OR AMEND BY CONCURRENT RESOLUTION ANY
 SPECIFIC PROVISION OR DIRECTIVE CONTAINED  WITHIN  ANY  EXECUTIVE  ORDER
 issued under this section at any time.
   §  2.  Subdivision 4 of section 29-a of the executive law, as added by
 chapter 640 of the laws of 1978, is amended to read as follows:
   4. The legislature may terminate by concurrent resolution  ANY  execu-
 tive [orders] ORDER, OR MAY MODIFY OR AMEND BY CONCURRENT RESOLUTION ANY
 SPECIFIC  PROVISION  OR  DIRECTIVE  CONTAINED WITHIN ANY EXECUTIVE ORDER
 issued under this section at any time.
   § 3. Notwithstanding any provision or directive contained in executive
 order number 202 of 2020 or any  further  amendments,  modifications  or
 extensions pursuant to section 28 of the executive law, school districts
 or  school  buildings  within such districts, including community school
 districts, shall be permitted to open to students for in-person instruc-
 tion if such school district can accommodate students in  classrooms  or
 other  space  provided for instruction such that students can maintain a
 distance of at least three feet from others at all times; provided  that
 such  school districts are otherwise in compliance with all other appli-

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09942-01-1

 A. 6571                             2
 
 cable provisions of such executive  order  202  not  related  to  social
 distancing.
   § 4. Severability. If any clause, sentence, paragraph, section or part
 of  this act shall be adjudged by any court of competent jurisdiction to
 be invalid and after exhaustion of  all  further  judicial  review,  the
 judgment  shall  not affect, impair or invalidate the remainder thereof,
 but shall be confined in its operation to the  clause,  sentence,  para-
 graph,  section or part of this act directly involved in the controversy
 in which the judgment shall have been rendered.
   § 5. This act shall take effect immediately, provided that the  amend-
 ments  to  subdivision  4  of  section 29-a of the executive law made by
 section one of this act shall be subject to the expiration and reversion
 of such section pursuant to chapter 23 of the laws of 2020, as  amended,
 when upon such date the provisions of section two of this act shall take
 effect.