assembly Bill A4907

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

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Current Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 09, 2022 held for consideration in governmental operations
Jan 05, 2022 referred to governmental operations
Feb 08, 2021 referred to governmental operations

Co-Sponsors

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A4907 (ACTIVE) - Details

See Senate Version of this Bill:
S1749
Law Section:
Executive Law
Laws Affected:
Rpld §2, Chap 23 of 2020; amd §29-a, Exec L
Versions Introduced in 2019-2020 Legislative Session:
A10546, S8466

A4907 (ACTIVE) - 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 affected by such suspension of laws.

A4907 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4907
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 8, 2021
                                ___________
 
 Introduced  by M. of A. GOODELL -- read once and referred to the Commit-
   tee on Governmental Operations
 
 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
 SUCH COUNTY THAT JUSTIFIES THE ISSUANCE OF SUCH AN ORDER RELATED TO SUCH
 COUNTY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.