Senate Bill S4700

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4700
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 13, 2023
                                ___________
 
 Introduced  by  Sen.  O'MARA -- 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  enacting  the  "stop
   continuing unnecessary orders and mandates at once act"

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "stop continuing unnecessary orders and mandates at once act".
   §  2. Legislative intent. The legislature seeks to provide legislative
 review and authorization of any executive orders issued by the  governor
 which  would  extend  or  modify  a  directive issued in response to the
 COVID-19 pandemic. To date, nothing has been done to balance the  powers
 of  the  governor and the legislature. In fact, the executive branch has
 been given more power. This act serves as a necessary measure to  ensure
 that  the  power of the executive is checked and that the elected repre-
 sentatives of the people of New York in the legislature are empowered to
 effectively govern in times of crisis. Further, it is the intent of this
 act to allow businesses to operate with proper public health  guidelines
 such  as the wearing of face coverings, social distancing and sanitation
 protocols without further government interference.
   Many  businesses  have  been  deemed  non-essential  or   have   faced
 restrictions  or closures as a result of the governor's executive orders
 and directives contained therein. These executive orders and  directives
 have  been  overreaching  and anti-business. Businesses have had to jump
 through hoops to remain open and make ends meet. These executive  orders
 and  directives  have led to establishments putting "Cuomo Chips" on the
 menu so they can stay in business.
   The legislature recognizes that New York's businesses are the backbone
 of our state economy and the legislature must act boldly to address  the
 negative impacts the governor's various executive directives have had on
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09361-01-3
              

 S. 4700                             2
 
 the state's economy by reviewing and approving all extension and modifi-
 cations of directives moving forward.
   When  reviewing  the  governor's  directives,  it is the intent of the
 legislature to prohibit the governor from extending or  modifying  arbi-
 trary  directives that serve no legitimate purpose and have caused irre-
 parable harm to the New York state economy and  the  lives  of  all  New
 Yorkers, including but not limited to, directives that:
   (1) place a curfew or limitation on businesses requiring them to cease
 all  on premises service and consumption of food and beverages or other-
 wise cease sales and require closure at a set time whether  licensed  by
 the state liquor authority or otherwise;
   (2) require a business licensed by the state liquor authority to serve
 alcoholic  beverages  for  on  premises  consumption or for off premises
 consumption only if the service of such alcoholic beverage  is  accompa-
 nied  by  the  purchase  of a food item by each individual that is being
 served an alcoholic beverage;
   (3) require the closing of a business or house of worship;
   (4) place restrictions on operations or capacity limitations on  busi-
 nesses,  including,  but  not  limited  to, restaurants, bars, event and
 catering halls, billiard/dart  halls,  bowling  alleys,  liquor  stores,
 gyms,  amusement  parks,  horse racing and auto racing tracks, and movie
 theaters, provided however, that enforcement of public health guidelines
 such as the wearing of face coverings and sanitation shall be permitted;
 and
   (5) place limits on gatherings at  private  residences  or  houses  of
 worship,  provided however, that enforcement of public health guidelines
 such as the wearing of face coverings and sanitation shall be permitted.
   § 3. 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 OR MODIFY by concurrent resolution
 executive orders issued under this section at any time.
   § 4. This act shall take effect immediately and  shall  apply  to  any
 proposed  extension  or  modification  of  a  directive requested by the
 governor on or after the effective date of this act.