Senate Bill S1749A

2021-2022 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

Archive: Last Bill Status - In Senate Committee Veterans, Homeland Security And Military Affairs Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to veterans, homeland security and military affairs
Mar 03, 2021	print number 1749a
Mar 03, 2021	amend (t) and recommit to veterans, homeland security and military affairs
Jan 14, 2021	referred to veterans, homeland security and military affairs

Bill Amendments

Original

A (Active)

2021-S1749 - Details

See Assembly Version of this Bill:: A4907
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
Versions Introduced in Other Legislative Sessions:: 2019-2020: S8466, A10546
2023-2024: S1117, A1953
2025-2026: S1435, A4451

2021-S1749 - 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.

2021-S1749 - Sponsor Memo

                                
 
BILL NUMBER: S1749

SPONSOR: BORRELLO
 
TITLE OF BILL:

An act to amend the executive law, in relation to restoring the legisla-
tive 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; and 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

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill requires every emergency declaration to be based on a county-
by-county analysis, restricts state emergency declarations to 45 days
unless an extension is approved by the State Legislature, allows County
Executives or the Mayor of New York City to request termination of a
state of emergency related to their jurisdiction, and requires due proc-
ess protections for any actions that impair fundamental constitutional
rights.

 
SUMMARY OF PROVISIONS:

Section 1. Repeals certain changes to the executive law made by chapter
23 of the laws of 2020.

Section 2. Makes amendments to the governor's emergency powers, includ-
ing:

29-a(1): removes the governor's authority to issue directives within an
executive order and requires every executive order that includes a
suspension of statute to specify within the order the county or counties
to which it applies and a rationale for Such application thereto.

29-a(2): requires the legislature to authorize, by concurrent resol-
ution, an extension for a gubernatorial executive order issued under
section 29-a of the executive law beyond an initial period of 45 days.

29-a(5): allows chief executives of a county, or mayor of NYC, to
request the termination of an executive order issued by the governor as
it applies to their respective political subdivision; as well as provid-
ing parameters for responses by the governor to such requests.

29-a(6): requires the governor within each executive order to include an
administrative process by which an individual or entity may file for a
review of any action impairing Constitutional rights, and authorizes an
individual to appeal from a final administrative determination made in
the course of such a review in the courts.

Section 3. Effective date.

 
JUSTIFICATION:

The Executive Law that authorizes the Governor to declare a state-of-em-
ergency has several restrictions, including a requirement that all
declarations be consistent with the State and federal constitutions,
involve the "minimum deviation" from existing law, and involve experts
to help "avoid needless adverse effects." During the COVID-19 Pandemic,
these restrictions were ignored. This legislation is necessary to
restore balance back to the New York State Legislature and local govern-
ments by implementing the following reforms:

1. County-by County Declaration. All state-of-emergency declarations
must be done on a county-by-county basis rather than statewide, with a
detailed explanation for each county based on the specific facts and
circumstances of such county justifying the emergency declaration.

2. Limited Duration. All emergency declarations must automatically end
within 30 days but could be extended by the governor for an additional
15 days. No other extension can occur unless the extension is authorized
by the State Legislature.

3. Local Authority. The chief executive officer of a county or mayor of
New York City can request, upon 15 days' notice, that the governor
terminate any state-of-emergency that applies to their respective county
or city. If the governor does not grant the request, the governor must
set forth with particularity the reasons why the request was denied
based on the specific demographics, data, or other information and char-
acteristics related to that specific county or city. The affected county
or New York City can then seek judicial review of the governor's deter-
mination, which review shall be heard by the Supreme Court within such
political subdivision on an expedited basis. The governor will have the
burden within 5 days after the initiation of the litigation of proving
with clear and convincing evidence that the state-of-emergency should
continue with respect to that particular county or New York City. A
judicial decision shall be rendered within 15 days after the service of
process upon the Attorney General and Governor.

4. Due Process. Any person, business, or entity whose constitutional
rights were impaired by any Executive Order can seek administrative and
judicial review of the applicability thereof.

The COVID-19 Pandemic has demonstrated that that governor's current
state of emergency powers are too broad. Since the governor first
declared a state of emergency on March 7, 2020, he has issued numerous
executive orders that have shut down the economy of the entire state and
interrupted the daily lives of all New Yorkers, even in regions with few
COVID-19 cases and hospitalizations. This legislation is necessary to
allow the governor to immediately act during periods of emergency but
not unilaterally legislate through continuous extensions of executive
orders. This legislation will restore legislative authority and our
system of checks and balances

 
PRIOR LEGISLATIVE HISTORY:

2020: S.8466/A.10546 Referred to Veterans, Homeland Security and Mili-
tary Affairs

 
EFFECTIVE DATE:
30 days after it shall become law.

2021-S1749 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1749
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 14, 2021
                                ___________
 
 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 amend the executive law, in relation to restoring the legisla-
   tive 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; and  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
 
   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
                       [ ] is old law to be omitted.
                                                            LBD04723-01-1

 S. 1749                             2
 
 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:
   a. no suspension 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  ANY
 SPECIFIED  COUNTY  OR COUNTIES FOR AN additional [periods] PERIOD not to
 exceed [thirty] FIFTEEN days [each]. AT THE  END  OF  SUCH  PERIOD,  ALL
 SUSPENSIONS  SHALL TERMINATE AND BE OF NO FURTHER FORCE OR EFFECT UNLESS
 THE LEGISLATURE, BY CONCURRENT RESOLUTION, AUTHORIZES  AN  EXTENSION  BY
 THE  GOVERNOR  FOR  A  SPECIFIED COUNTY OR COUNTIES, FOR A PERIOD NOT TO
 EXCEED AN ADDITIONAL THIRTY DAYS;  PROVIDED  THAT  THE  LEGISLATURE  MAY
 AUTHORIZE MULTIPLE EXTENSIONS IF IT DEEMS NECESSARY;
   b. no suspension shall be made which does not safeguard the health and
 welfare  of  the  public  and  which  is not reasonably necessary to the
 disaster effort;
   c. any such suspension order shall specify  the  statute,  local  law,
 ordinance, order, rule or regulation or part thereof to be suspended and
 the terms and conditions of the suspension;
   d.  the  order  may  provide for such suspension only under particular
 circumstances, and may provide for the alteration or modification of the
 requirements of such statute, local law, ordinance, order, rule or regu-
 lation suspended, and may include other terms and conditions;
   e. any such suspension order shall provide for the  minimum  deviation
 from  the requirements of the statute, local law, ordinance, order, rule
 or regulation suspended  consistent  with  the  disaster  action  deemed
 necessary; and
   f.  when practicable, specialists shall be assigned to assist with the
 related emergency actions to avoid needless  adverse  effects  resulting
 from such suspension.
   3. Such suspensions shall be effective from the time and in the manner
 prescribed  in such orders and shall be published as soon as practicable
 in the state bulletin.
   4. The legislature may terminate by  concurrent  resolution  executive
 orders issued under this section at any time.
   5. A. ANY CHIEF EXECUTIVE OF A COUNTY EXCEPT A COUNTY WHOLLY CONTAINED
 WITHIN  A  CITY, OR THE MAYOR OF ANY CITY WITH MORE THAN A MILLION RESI-
 DENTS, MAY UPON FIFTEEN DAYS NOTICE REQUEST THE  GOVERNOR  TO  TERMINATE
 ANY  DECLARATION  OF A STATE DISASTER EMERGENCY OR ANY RELATED EXECUTIVE
 ORDER AFFECTING SUCH POLITICAL SUBDIVISION.
   B. IF THE GOVERNOR DENIES SUCH REQUEST, THE GOVERNOR SHALL WITHIN SUCH
 FIFTEEN DAY PERIOD PROVIDE TO THE CHIEF EXECUTIVE OFFICER OF THE  COUNTY
 OR  MAYOR  A DETAILED WRITTEN EXPLANATION AND RATIONALE THAT STATES WITH
 PARTICULARITY THE CIRCUMSTANCES, DEMOGRAPHICS, AND  CONDITIONS  OF  SUCH
 COUNTY  OR  CITY THAT JUSTIFIES THE CONTINUANCE OF SUCH AN ORDER RELATED
 TO SUCH POLITICAL SUBDIVISION.  IF THE GOVERNOR FAILS TO RESPOND  WITHIN
 SUCH  FIFTEEN-DAY  PERIOD,  THE STATE DISASTER EMERGENCY AND ALL RELATED
 EXECUTIVE ORDERS SHALL CEASE AND BE OF NO FURTHER  FORCE  OR  EFFECT  AS
 APPLIED TO THE REQUESTING COUNTY OR CITY.
   C.  IF THE GOVERNOR DENIES A REQUEST TO TERMINATE ANY DECLARATION OF A
 STATE DISASTER EMERGENCY OR ANY RELATED EXECUTIVE ORDER, THE CHIEF EXEC-
 UTIVE OFFICER OF THE COUNTY OR THE MAYOR MAY SEEK A JUDICIAL  REVIEW  OF
 THE  GOVERNOR'S  DECISION  PURSUANT TO A SPECIAL PROCEEDING COMMENCED IN
 SUPREME COURT IN THE AFFECTED COUNTY OR CITY.  THE GOVERNOR  SHALL  HAVE
 THE BURDEN TO ESTABLISH, WITH CLEAR AND CONVINCING EVIDENCE, WITHIN FIVE

 S. 1749                             3
 
 DAYS  AFTER SERVICE ON THE GOVERNOR AND ATTORNEY GENERAL OF THE PETITION
 SEEKING JUDICIAL REVIEW,   THE NEED FOR A  CONTINUATION  OF  SUCH  STATE
 DISASTER  EMERGENCY  AND ANY RELATED EXECUTIVE ORDERS FOR SUCH COUNTY OR
 CITY  AND  THAT  SUCH EXECUTIVE ORDERS ARE NARROWLY TAILORED TO MEET THE
 DISASTER EMERGENCY AND COMPLY  WITH  THE  RESTRICTIONS  AND  LIMITATIONS
 CONTAINED  IN  THIS  CHAPTER, INCLUDING, AMONGST OTHER THINGS, INVOLVING
 THE MINIMUM DEVIATION FROM ANY PROVISION THAT WAS SUSPENDED AND AVOIDING
 NEEDLESS ADVERSE EFFECTS.   THE SUPREME COURT SHALL  RENDER  A  DECISION
 WITHIN  FIFTEEN  DAYS AFTER SERVICE ON THE GOVERNOR AND ATTORNEY GENERAL
 OF THE PETITION SEEKING JUDICIAL REVIEW.
   6. EVERY EXECUTIVE ORDER THAT IMPAIRS THE  RIGHT  TO  FREELY  PRACTICE
 RELIGION  OR  WORSHIP,  TO  PEACEABLY  ASSEMBLE, TO FREE SPEECH, TO FREE
 PRESS, OR TO LIBERTY OR PROPERTY; IMPAIRS EQUAL TREATMENT UNDER THE LAW;
 IMPAIRS THE VALIDITY OF AN EXISTING CONTRACT; OR OTHERWISE  IMPAIRS  ANY
 RIGHT  GRANTED  BY  THE NEW YORK STATE CONSTITUTION OR THE UNITED STATES
 CONSTITUTION SHALL, WITHIN THE EXECUTIVE ORDER  ITSELF,  PROVIDE  FOR  A
 PROCESS BY WHICH A PERSON OR ENTITY MAY SEEK REVIEW OF THE APPLICABILITY
 AND CONSTITUTIONALITY THEREOF.  SUCH REVIEW SHALL INCLUDE, AT A MINIMUM,
 THE  RIGHT TO A PROMPT IMPARTIAL ADMINISTRATIVE HEARING AND DECISION AND
 THE RIGHT TO APPEAL THE FINAL  DETERMINATION  OF  SUCH  HEARING  TO  THE
 SUPREME COURT IN THE COUNTY IN WHICH SUCH PERSON OR ENTITY IS LOCATED.
   §  3.  This  act shall take effect on the thirtieth day after it shall
 have become a law.

2021-S1749A (ACTIVE) - Details

See Assembly Version of this Bill:: A4907
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
Versions Introduced in Other Legislative Sessions:: 2019-2020: S8466, A10546
2023-2024: S1117, A1953
2025-2026: S1435, A4451

2021-S1749A (ACTIVE) - Summary

2021-S1749A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1749A

SPONSOR: BORRELLO
 
TITLE OF BILL:

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 funda-
mental constitutional rights

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill requires every emergency declaration to be based on a county-
by-county analysis, restricts state emergency declarations to 45 days
unless an extension is approved by the State Legislature, allows County
Executives or the Mayor of New York City to request termination of a
state of emergency related to their jurisdiction, and requires due proc-
ess protections for any actions that impair fundamental constitutional
rights.

 
SUMMARY OF PROVISIONS:

Section 1. Repeals certain changes to the executive law made by chapter
23 of the laws of 2020.

Section 2. Makes amendments to the governor's emergency powers, includ-
ing:

29-a(1): removes the governor's authority to issue directives within an
executive order and requires every executive order that includes a
suspension of statute to specify within the order the county or counties
to which it applies and a rationale for such application thereto.

29-a(2): requires the legislature to authorize, by concurrent resol-
ution, an extension for a gubernatorial executive order issued under
section 29-a of the executive law beyond an initial period of 45 days.

29-a(5): allows chief executives of a county, or mayor of NYC, to
request the termination of an executive order issued by the governor as
it applies to their respective political subdivision; as well as provid-
ing parameters for responses by the governor to such requests.

29-a(6): requires the governor within each executive order to include an
administrative process by which an individual or entity may file for a
review of any action impairing Constitutional rights, and authorizes an
individual to appeal from a final administrative determination made in
the course of such a review in the courts.

Section 3. Effective date.

 
JUSTIFICATION:

The Executive Law that authorizes the Governor to declare a state-of
emergency has several restrictions, including a requirement that all
declarations be consistent with the State and federal constitutions,
involve the "minimum deviation" from existing law, and involve experts
to help "avoid needless adverse effects." During the COVID-19 Pandemic,
these restrictions were ignored. This legislation is necessary to
restore balance back to the New York State Legislature and local govern-
ments by implementing the following reforms:

1. County-by County Declaration. All state-of-emergency declarations
must be done on a county-by-county basis rather than statewide, with a
detailed explanation for each county based on the specific facts and
circumstances of such county justifying the emergency declaration.

2. Limited Duration. All emergency declarations must automatically end
within 30 days but could be extended by the governor for an additional
15 days. No other extension can occur unless the extension is authorized
by the State Legislature.

3. Local Authority. The chief executive officer of a county or mayor of
New York City can request, upon 15 days' notice, that the governor
terminate any state-of-emergency that applies to their respective county
or city. If the governor does not grant the request, the governor must
set forth with particularity the reasons why the request was denied
based on the specific demographics, data, or other information and char-
acteristics related to that specific county or city. The affected county
or New York City can then seek judicial review of the governor's deter-
mination, which review shall be heard by the Supreme Court within such
political subdivision on an expedited basis. The governor will have the
burden within 5 days after the initiation of the litigation of proving
with clear and convincing evidence that the state-of-emergency should
continue with respect to that particular county or New York City. A
judicial decision shall be rendered within 15 days after the service of
process upon the Attorney General and Governor.

4. Due Process. Any person, business, or entity whose constitutional
rights were impaired by any Executive Order can seek administrative and
judicial review of the applicability thereof.

The COVID-19 Pandemic has demonstrated that that governor's current
state of emergency powers are too broad. Since the governor first
declared a state of emergency on March 7, 2020, he has issued numerous
executive orders that have shut down the economy of the entire state and
interrupted the daily lives of all New Yorkers, even in regions with few
COVID-19 cases and hospitalizations. This legislation is necessary to
allow the governor to immediately act during periods of emergency but
not unilaterally legislate through continuous extensions of executive
orders. This legislation will restore legislative authority and our
system of checks and balances

 
PRIOR LEGISLATIVE HISTORY:

2020: S.8466/A.10546 Referred to Veterans, Homeland Security and Mili-
tary Affairs

 
EFFECTIVE DATE:
30 days after it shall become law.

2021-S1749A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1749--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 14, 2021
                                ___________
 
 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 -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 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
                       [ ] is old law to be omitted.

                                                            LBD04723-03-1

 S. 1749--A                          2
 
 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:
   a. no suspension 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  ANY
 SPECIFIED  COUNTY  OR COUNTIES FOR AN additional [periods] PERIOD not to
 exceed [thirty] FIFTEEN days [each]. AT THE  END  OF  SUCH  PERIOD,  ALL
 SUSPENSIONS  SHALL TERMINATE AND BE OF NO FURTHER FORCE OR EFFECT UNLESS
 THE LEGISLATURE, BY CONCURRENT RESOLUTION, AUTHORIZES  AN  EXTENSION  BY
 THE  GOVERNOR  FOR  A  SPECIFIED COUNTY OR COUNTIES, FOR A PERIOD NOT TO
 EXCEED AN ADDITIONAL THIRTY DAYS;  PROVIDED  THAT  THE  LEGISLATURE  MAY
 AUTHORIZE MULTIPLE EXTENSIONS IF IT DEEMS NECESSARY;
   b. no suspension shall be made which does not safeguard the health and
 welfare  of  the  public  and  which  is not reasonably necessary to the
 disaster effort;
   c. any such suspension order shall specify  the  statute,  local  law,
 ordinance, order, rule or regulation or part thereof to be suspended and
 the terms and conditions of the suspension;
   d.  the  order  may  provide for such suspension only under particular
 circumstances, and may provide for the alteration or modification of the
 requirements of such statute, local law, ordinance, order, rule or regu-
 lation suspended, and may include other terms and conditions;
   e. any such suspension order shall provide for the  minimum  deviation
 from  the requirements of the statute, local law, ordinance, order, rule
 or regulation suspended  consistent  with  the  disaster  action  deemed
 necessary; and
   f.  when practicable, specialists shall be assigned to assist with the
 related emergency actions to avoid needless  adverse  effects  resulting
 from such suspension.
   3. Such suspensions shall be effective from the time and in the manner
 prescribed  in such orders and shall be published as soon as practicable
 in the state bulletin.
   4. The legislature may terminate by  concurrent  resolution  executive
 orders issued under this section at any time.
   5. A. ANY CHIEF EXECUTIVE OF A COUNTY EXCEPT A COUNTY WHOLLY CONTAINED
 WITHIN  A  CITY, OR THE MAYOR OF ANY CITY WITH MORE THAN A MILLION RESI-
 DENTS, MAY UPON FIFTEEN DAYS NOTICE REQUEST THE  GOVERNOR  TO  TERMINATE
 ANY  DECLARATION  OF A STATE DISASTER EMERGENCY OR ANY RELATED EXECUTIVE
 ORDER AFFECTING SUCH POLITICAL SUBDIVISION.
   B. IF THE GOVERNOR DENIES SUCH REQUEST, THE GOVERNOR SHALL WITHIN SUCH
 FIFTEEN DAY PERIOD PROVIDE TO THE CHIEF EXECUTIVE OFFICER OF THE  COUNTY
 OR  MAYOR  A DETAILED WRITTEN EXPLANATION AND RATIONALE THAT STATES WITH
 PARTICULARITY THE CIRCUMSTANCES, DEMOGRAPHICS, AND  CONDITIONS  OF  SUCH
 COUNTY  OR  CITY THAT JUSTIFIES THE CONTINUANCE OF SUCH AN ORDER RELATED
 TO SUCH POLITICAL SUBDIVISION.  IF THE GOVERNOR FAILS TO RESPOND  WITHIN
 SUCH  FIFTEEN-DAY  PERIOD,  THE STATE DISASTER EMERGENCY AND ALL RELATED
 EXECUTIVE ORDERS SHALL CEASE AND BE OF NO FURTHER  FORCE  OR  EFFECT  AS
 APPLIED TO THE REQUESTING COUNTY OR CITY.
   C.  IF THE GOVERNOR DENIES A REQUEST TO TERMINATE ANY DECLARATION OF A
 STATE DISASTER EMERGENCY OR ANY RELATED EXECUTIVE ORDER, THE CHIEF EXEC-
 UTIVE OFFICER OF THE COUNTY OR THE MAYOR MAY SEEK A JUDICIAL  REVIEW  OF
 THE  GOVERNOR'S  DECISION  PURSUANT TO A SPECIAL PROCEEDING COMMENCED IN
 SUPREME COURT IN THE AFFECTED COUNTY OR CITY.  THE GOVERNOR  SHALL  HAVE
 THE BURDEN TO ESTABLISH, WITH CLEAR AND CONVINCING EVIDENCE, WITHIN FIVE

 S. 1749--A                          3
 
 DAYS  AFTER SERVICE ON THE GOVERNOR AND ATTORNEY GENERAL OF THE PETITION
 SEEKING JUDICIAL REVIEW,   THE NEED FOR A  CONTINUATION  OF  SUCH  STATE
 DISASTER  EMERGENCY  AND ANY RELATED EXECUTIVE ORDERS FOR SUCH COUNTY OR
 CITY  AND  THAT  SUCH EXECUTIVE ORDERS ARE NARROWLY TAILORED TO MEET THE
 DISASTER EMERGENCY AND COMPLY  WITH  THE  RESTRICTIONS  AND  LIMITATIONS
 CONTAINED  IN  THIS  CHAPTER, INCLUDING, AMONGST OTHER THINGS, INVOLVING
 THE MINIMUM DEVIATION FROM ANY PROVISION THAT WAS SUSPENDED AND AVOIDING
 NEEDLESS ADVERSE EFFECTS.   THE SUPREME COURT SHALL  RENDER  A  DECISION
 WITHIN  FIFTEEN  DAYS AFTER SERVICE ON THE GOVERNOR AND ATTORNEY GENERAL
 OF THE PETITION SEEKING JUDICIAL REVIEW.
   6. EVERY EXECUTIVE ORDER THAT IMPAIRS THE  RIGHT  TO  FREELY  PRACTICE
 RELIGION  OR  WORSHIP,  TO  PEACEABLY  ASSEMBLE, TO FREE SPEECH, TO FREE
 PRESS, OR TO LIBERTY OR PROPERTY; IMPAIRS EQUAL TREATMENT UNDER THE LAW;
 IMPAIRS THE VALIDITY OF AN EXISTING CONTRACT; OR OTHERWISE  IMPAIRS  ANY
 RIGHT  GRANTED  BY  THE NEW YORK STATE CONSTITUTION OR THE UNITED STATES
 CONSTITUTION SHALL, WITHIN THE EXECUTIVE ORDER  ITSELF,  PROVIDE  FOR  A
 PROCESS BY WHICH A PERSON OR ENTITY MAY SEEK REVIEW OF THE APPLICABILITY
 AND CONSTITUTIONALITY THEREOF.  SUCH REVIEW SHALL INCLUDE, AT A MINIMUM,
 THE  RIGHT TO A PROMPT IMPARTIAL ADMINISTRATIVE HEARING AND DECISION AND
 THE RIGHT TO APPEAL THE FINAL  DETERMINATION  OF  SUCH  HEARING  TO  THE
 SUPREME COURT IN THE COUNTY IN WHICH SUCH PERSON OR ENTITY IS LOCATED.
   §  3.  This  act shall take effect on the thirtieth day after it shall
 have become a law.

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Senate Bill S1749A

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Archive: Last Bill Status - In Senate Committee Veterans, Homeland Security And Military Affairs Committee

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2021-S1749 - Details

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Sponsored By

George M. Borrello

Archive: Last Bill Status - In Senate Committee Veterans, Homeland Security And Military Affairs Committee

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Bill Amendments

2021-S1749 - Details

2021-S1749 - Summary

2021-S1749 - Sponsor Memo

2021-S1749 - Bill Text download pdf

2021-S1749A (ACTIVE) - Details

2021-S1749A (ACTIVE) - Summary

2021-S1749A (ACTIVE) - Sponsor Memo

2021-S1749A (ACTIVE) - Bill Text download pdf

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