Assembly Bill A5409

2021-2022 Legislative Session

Relates to the suspension of laws during a declared state of emergency; and permits restaurants to remain open until midnight

download bill text pdf

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Archive: Last Bill Status - In Assembly 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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2021-A5409 (ACTIVE) - Details

See Senate Version of this Bill:
S5880
Current Committee:
Assembly Governmental Operations
Law Section:
Executive Law
Laws Affected:
Amd §29-a, Exec L
Versions Introduced in Other Legislative Sessions:
2017-2018: S4370
2019-2020: S2800
2023-2024: S587

2021-A5409 (ACTIVE) - Summary

Permits the legislature to modify provisions or directives contained within executive orders through legislative action other than concurrent resolution; permits restaurants to remain open until midnight notwithstanding executive order 202 of 2020.

2021-A5409 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5409
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 16, 2021
                                ___________
 
 Introduced by M. of A. GANDOLFO, BYRNE, DeSTEFANO, J. A. GIGLIO, JENSEN,
   SMITH,  TANNOUSIS, LAWLER, BRABENEC, BROWN, DURSO, REILLY, RA, MANKTE-
   LOW, MIKULIN -- read once and referred to  the  Committee  on  Govern-
   mental Operations
 
 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.

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