|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 10, 2023||referred to veterans, homeland security and military affairs|
senate Bill S1117
Current Bill Status - In Senate Committee Veterans, Homeland Security And Military Affairs Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
(R, C) 51st Senate District
Anthony H. Palumbo
(R) 1st Senate District
S1117 (ACTIVE) - Details
S1117 (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.
S1117 (ACTIVE) - Sponsor Memo
BILL NUMBER: S1117 SPONSOR: BORRELLO TITLE OF BILL: 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 PURPOSE OR GENERAL IDEA OF BILL: This bill requires every emergency declaration to be based on a county-by-county analysis, restricts state emergency declarations to 45 days unless an extension is approved by the State Legislature, allows County Executives or the Mayor of New York City to request termination of a state of emergency related to their jurisdiction, and requires due process protections for any actions that impair fundamental constitu- tional rights. SUMMARY OF PROVISIONS:
S1117 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1117 2023-2024 Regular Sessions I N S E N A T E January 10, 2023 ___________ 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 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03772-01-3
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