Senate Bill S5718

2021-2022 Legislative Session

Relates to the suspension of laws during a declared state of emergency; and permitting schools to open under certain circumstances

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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 16, 2021	referred to veterans, homeland security and military affairs

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2021-S5718 (ACTIVE) - Details

See Assembly Version of this Bill:: A6571
Current Committee:: Senate Veterans, Homeland Security And Military Affairs
Law Section:: Executive Law
Laws Affected:: Amd §29-a, Exec L

2021-S5718 (ACTIVE) - Summary

Permits the legislature to override certain powers of the executive during a declared state of emergency; permits schools to open where a social distance of three feet can be maintained.

2021-S5718 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5718

SPONSOR: RATH
 
TITLE OF BILL:

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

 
PURPOSE:

This bill would permit school districts to open to students for in-per-
son instruction 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.

 
SUMMARY OF PROVISIONS:

Section 1 - amends Subdivision 4 of section 29-a of the executive law,
as amended by chapter 23 of the laws of 2020

Section 2 - amends Subdivision 4 of section 29-a of the executive law,
as added by chapter 640 of the laws of 1978

Section 3 - provides that school districts can accommodate students in
classrooms or other space provided for instruction such that students
can maintain distance of at least three feet from others at all times

Section 4 - severability Section 5 - effective date

 
JUSTIFICATION:

The COVID-19 pandemic has created hardship for many communities, espe-
cially our students. While the hybrid model of schooling was necessary
at the initial outbreak of the pandemic, it is now time to update
current distancing guidance and return students to the classroom. The
negative impacts on students' social development, emotional growth, and
mental and emotional wellbeing has become a health crisis in its own
right.

Reducing the social distancing in classrooms from 6 feet to 3 feet would
provide school districts with a safe methodology to return children to
in-person learning. The conclusion of a recent study (Oxford University
Press for the Infectious Diseases Society of America, March 10, 2021) of
251 school districts, in which 537,336 students and 99,390 staff
attended in-person instruction in Massachusetts, was that "there is no
significant difference in K-12 student and staff SARS-CoV-2 case rates
in Massachusetts public school districts that implemented 3 feet versus
6 feet of physical distancing between students, provided other miti-
gation measures, such as universal masking, are implemented." Mask use
and air. flow were the primary mitigation strategies used during the
study period.  Science continues to indicate that schools are a safe
place for students and for staff. Reopening facilities around the United
States has not contributed to significant community spread of COVID-19.
As New York continues to recover and progress in community vaccination,
returning students at 3 feet of social distancing offers an opportunity
for our children to begin recovering as well.

 
LEGISLATIVE HISTORY:
New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately, provided that amendments 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 section 23 of the laws of 2020, as amended, when
upon such date the provisions of section two of this act shall take
effect.

2021-S5718 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5718
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 16, 2021
                                ___________
 
 Introduced  by  Sen.  RATH  --  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 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

 S. 5718                             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.

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Senate Bill S5718

Sponsored By

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

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co-Sponsors

2021-S5718 (ACTIVE) - Details

2021-S5718 (ACTIVE) - Summary

2021-S5718 (ACTIVE) - Sponsor Memo

2021-S5718 (ACTIVE) - Bill Text download pdf

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Sponsored By

Edward A. Rath III

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

Actions

co-Sponsors

George M. Borrello

Patrick M. Gallivan

Mario R. Mattera

Peter Oberacker

2021-S5718 (ACTIVE) - Details

2021-S5718 (ACTIVE) - Summary

2021-S5718 (ACTIVE) - Sponsor Memo

2021-S5718 (ACTIVE) - Bill Text download pdf

Comments