S T A T E O F N E W Y O R K
________________________________________________________________________
5880
2021-2022 Regular Sessions
I N S E N A T E
March 19, 2021
___________
Introduced by Sens. BOYLE, BORRELLO, HELMING, MARTUCCI, OBERACKER,
PALUMBO, RITCHIE, WEIK -- 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 restaurants to
remain open until midnight
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 OR BY OTHER
LEGISLATIVE ACTION ANY executive [orders] ORDER, OR MAY MODIFY OR AMEND
BY CONCURRENT RESOLUTION OR BY OTHER LEGISLATIVE ACTION 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 OR BY OTHER
LEGISLATIVE ACTION ANY executive [orders] ORDER, OR MAY MODIFY OR AMEND
BY CONCURRENT RESOLUTION OR BY OTHER LEGISLATIVE ACTION 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, any restaurant
shall be permitted to remain open for in-person dining until 12:00 AM,
upon which time such restaurant shall cease in-person dining, and shall
reopen no earlier than 5:00 AM; provided that such restaurant and the
person or entity operating it are otherwise in compliance with all other
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09324-01-1
S. 5880 2
applicable state or local laws, rules and regulations pertaining to its
operation and any provisions of such executive order 202 not related to
hours permitted for in-person dining.
§ 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
judgement 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.