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This entry was published on 2021-03-12
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Suspension of other laws
Executive (EXC) CHAPTER 18, ARTICLE 2-B
§ 29-a. Suspension of other laws. 1. Subject to the state
constitution, 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.

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
additional periods not to exceed thirty days each;

b. no suspension shall be made which does not safeguard the health and
welfare of the public and which is not reasonably necessary to the
disaster effort;

c. any such suspension order shall specify the statute, local law,
ordinance, order, rule or regulation or part thereof to be suspended and
the terms and conditions of the suspension;

d. the order may provide for such suspension only under particular
circumstances, and may provide for the alteration or modification of the
requirements of such statute, local law, ordinance, order, rule or
regulation suspended, and may include other terms and conditions;

e. any such suspension order shall provide for the minimum deviation
from the requirements of the statute, local law, ordinance, order, rule
or regulation suspended consistent with the disaster action deemed
necessary; and

f. when practicable, specialists shall be assigned to assist with the
related emergency actions to avoid needless adverse effects resulting
from such suspension.

3. Such suspensions shall be effective from the time and in the manner
prescribed in such orders and shall be published as soon as practicable
in the state bulletin.

4. The legislature may terminate by concurrent resolution executive
orders issued under this section at any time.