senate Bill S1749A

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

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

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 05, 2022 referred to veterans, homeland security and military affairs
Mar 03, 2021 print number 1749a
Mar 03, 2021 amend (t) and recommit to veterans, homeland security and military affairs
Jan 14, 2021 referred to veterans, homeland security and military affairs

S1749 - Details

See Assembly Version of this Bill:
A4907
Current Committee:
Senate Veterans, Homeland Security And Military Affairs
Law Section:
Executive Law
Laws Affected:
Rpld §2, Chap 23 of 2020; amd §29-a, Exec L
Versions Introduced in 2019-2020 Legislative Session:
S8466, A10546

S1749 - 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 effected by such suspension of laws.

S1749 - Sponsor Memo

S1749 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1749
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 14, 2021
                                ___________
 
 Introduced  by Sen. BORRELLO -- 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 restoring the legisla-
   tive 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; and  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
 
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04723-01-1

S1749A (ACTIVE) - Details

See Assembly Version of this Bill:
A4907
Current Committee:
Senate Veterans, Homeland Security And Military Affairs
Law Section:
Executive Law
Laws Affected:
Rpld §2, Chap 23 of 2020; amd §29-a, Exec L
Versions Introduced in 2019-2020 Legislative Session:
S8466, A10546

S1749A (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 effected by such suspension of laws.

S1749A (ACTIVE) - Sponsor Memo

S1749A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1749--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 14, 2021
                                ___________
 
 Introduced  by Sen. BORRELLO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Veterans, Homeland Securi-
   ty and Military Affairs -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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