Assembly Actions -
Senate Actions - UPPERCASE
|Jan 03, 2024
referred to governmental operations
|Jan 23, 2023
referred to governmental operations
Assembly Bill A1953
2023-2024 Legislative Session
Current Bill Status - In Assembly Committee
- In Committee Assembly
- On Floor Calendar Assembly
- Passed Assembly
- Delivered to Governor
- Signed By Governor
2023-A1953 (ACTIVE) - Details
2023-A1953 (ACTIVE) - Summary
Restores the legislative checks and balances to any emergency declaration that exceeds forty-five days; 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; requires a specification and explanation of which municipalities are effected by such suspension of laws.
2023-A1953 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1953 2023-2024 Regular Sessions I N A S S E M B L Y January 23, 2023 ___________ Introduced by M. of A. GOODELL -- read once and referred to the Commit- tee on Governmental Operations 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 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. 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. 2. Suspensions pursuant to subdivision one of this section shall be subject to the following standards and limits: a. no suspension shall be made for a period in excess of thirty days, provided, however, that upon reconsideration of all of the relevant facts and circumstances, the governor may extend the suspension for ANY SPECIFIED COUNTY OR COUNTIES FOR AN additional [periods] PERIOD not to EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03772-01-3
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