senate Bill S2246

2021-2022 Legislative Session

Eliminates the power of the governor to issue executive orders for assistance in state disaster emergencies

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

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 20, 2021 referred to veterans, homeland security and military affairs

Co-Sponsors

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S2246 (ACTIVE) - Details

See Assembly Version of this Bill:
A4033
Current Committee:
Senate Veterans, Homeland Security And Military Affairs
Law Section:
Executive Law
Laws Affected:
Amd §29-a, Exec L
Versions Introduced in 2019-2020 Legislative Session:
S8326, A10449

S2246 (ACTIVE) - Summary

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

S2246 (ACTIVE) - Sponsor Memo

S2246 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2246
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 20, 2021
                                ___________
 
 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]:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02255-01-1

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