New York State Assembly

 
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A09953 Summary:

A09953 Actions:

A09953 Committee Votes:

Committee:WAYS AND MEANS   Chair:Weinstein      
DATE:03/02/2020AYE/NAY:32/0  Action: Favorable refer to committee Rules        
Weinstein
Aye
Ra
Aye
Lentol
Aye
Crouch
Excused
Schimminger
Excused
Fitzpatrick
Aye
Gantt
Excused
Hawley
Aye
Glick
Aye
Malliotakis
Aye
Nolan
Aye
Montesano
Aye
Pretlow
Aye
Blankenbush
Aye
Perry
Aye
Palmesano
Aye
Colton
Aye
Norris
Aye
Cook
Aye
Brabenec
Aye
Cahill
Aye
Aubry
Aye
Cusick
Aye
Ortiz
Aye
Benedetto
Aye
Weprin
Aye
Rodriguez
Aye
Ramos
Aye
Braunstein
Aye
McDonald
Aye
Rozic
Aye
Simotas
Aye
Dinowitz
Aye
Miller
Aye
Joyner
Aye

Committee:RULES   Chair:Heastie    Message of Necessity 
DATE:03/02/2020AYE/NAY:29/0  Action: Favorable         
Heastie
Aye
Barclay
Aye
Gottfried
Aye
Crouch
Aye
Lentol
Aye
Finch
Excused
Gantt
Excused
Hawley
Aye
Nolan
Aye
Giglio
Aye
Weinstein
Aye
Malliotakis
Aye
Ortiz
Aye
Blankenbush
Aye
Pretlow
Aye
Norris
Aye
Cook
Aye
Glick
Aye
Aubry
Aye
Englebright
Aye
Dinowitz
Aye
Colton
Aye
Magnarelli
Aye
Perry
Aye
Paulin
Aye
Peoples-Stokes
Aye
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Zebrowski
Aye
Thiele
Aye

Committee:RULES   Chair:Heastie      
DATE:03/02/2020AYE/NAY:28/1  Action: Favorable         
Heastie
Aye
Barclay
Aye
Gottfried
Nay
Crouch
Aye
Lentol
Aye
Finch
Excused
Gantt
Excused
Hawley
Aye
Nolan
Aye
Giglio
Aye
Weinstein
Aye
Malliotakis
Aye
Ortiz
Aye
Blankenbush
Aye
Pretlow
Aye
Norris
Aye
Cook
Aye
Glick
Aye
Aubry
Aye
Englebright
Aye
Dinowitz
Aye
Colton
Aye
Magnarelli
Aye
Perry
Aye
Paulin
Aye
Peoples-Stokes
Aye
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Zebrowski
Aye
Thiele
Aye

A09953 Floor Votes:

A09953 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A9953
 
SPONSOR: Ortiz

 
TITLE OF BILL:
 
An act to amend the executive law, in relation to issuing by the gover-
nor of any directive necessary to respond to a state disaster emergency;
making an appropriation therefor; and providing for the repeal of
certain provisions upon expiration thereof
 
 
PURPOSE:
 
This legislation is necessary to ensure the state is protected from a
substantial threat to the public health.
 
 
SUMMARY OF PROVISIONS:
 
Section one amends the executive law to clarify that a disaster declara-
tion can be issued for an urgent or impending threat of wide spread
injury or loss of life resulting from disease outbreak.
 
Section two amends section 29-a of the Executive Law to allow the Gover-
nor to issue directives when a state disaster emergency is declared to
allow for appropriate response to such disaster.
 
Section three provides for a forty million dollar appropriation for
personnel, equipment, and supplies for response to this particular
public health threat.
 
Section four provides for an immediate effective date with a sunset of
April 30, 2021, for sections one and two of this act.
 
 
JUSTIFICATION:
 
The bill provides for a $40 million emergency appropriation and emergen-
cy measures necessary to allow for protection of the health and safety
of New Yorkers due to the threat of the novel coronavirus.
 
Recently, the novel coronavirus, which has never before been found in
humans, was detected in China. Cases have been detected in sixty other
nations, including the United States, and thousands have died.  The
federal government has taken unprecedented action and has suspended
entry of foreign nationals who have been in both China and Iran.
 
The situation has been declared a public health emergency by the US
Centers for Disease Control. There is a threat of widespread trans-
mission of the novel coronavirus in the United States. Several states
have declared the crisis a public health emergency, including Florida
and Washington.
 
This legislation is necessary to allow New York to manage, prepare,
respond to, and contain such threat, and to respond with appropriate
action to protect public health and welfare. New York received its first
positive case on March 1, and more are expected. These changes ensure
the Governor has necessary legal authority to confront these emergen-
cies.
 
 
FISCAL IMPLICATIONS:
 
The legislation includes a $40 million appropriation.
 
 
EFFECTIVE DATE:
Immediately, and sections one and two shall expire April 30, 2021.

A09953 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9953
 
                   IN ASSEMBLY
 
                                      March 2, 2020
                                       ___________
 
        Introduced  by  M.  of  A. ORTIZ -- (at request of the Governor) -- read
          once and referred to the Committee on Ways and Means
 
        AN ACT to amend the executive law, in relation to issuing by the  gover-
          nor of any directive necessary to respond to a state disaster emergen-
          cy;  making an appropriation therefor; and providing for the repeal of
          certain provisions upon expiration thereof

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraph a of subdivision 2 of section 20 of the executive
     2  law,  as  amended  by  section  1 of part B of chapter 56 of the laws of
     3  2010, is amended to read follows:
     4    a. "disaster" means occurrence or imminent, impending or urgent threat
     5  of wide spread or severe damage, injury, or loss  of  life  or  property
     6  resulting from any natural or man-made causes, including, but not limit-
     7  ed  to,  fire,  flood, earthquake, hurricane, tornado, high water, land-
     8  slide, mudslide, wind, storm, wave action, volcanic activity,  epidemic,
     9  disease  outbreak,  air  contamination,  terrorism, cyber event, blight,
    10  drought, infestation, explosion, radiological accident, nuclear,  chemi-
    11  cal, biological, or bacteriological release, water contamination, bridge
    12  failure or bridge collapse.
    13    § 2. Section 29-a of the executive law, as added by chapter 640 of the
    14  laws of 1978, subdivision 1 as amended by section 7 of part G of chapter
    15  55 of the laws of 2012, is amended to read as follows:
    16    § 29-a. Suspension  of  other laws.  1. Subject to the state constitu-
    17  tion, the federal constitution and federal statutes and regulations, the
    18  governor may by executive order temporarily suspend [specific provisions
    19  of] any statute, local law, ordinance, or orders, rules or  regulations,
    20  or  parts  thereof,  of any agency during a state disaster emergency, if
    21  compliance with such provisions would prevent, hinder, or  delay  action
    22  necessary  to cope with the disaster or if necessary to assist or aid in
    23  coping with such disaster.  The governor, by executive order, may  issue
    24  any  directive during a state disaster emergency declared in the follow-
    25  ing instances: fire, flood, earthquake, hurricane, tornado, high  water,
    26  landslide,  mudslide,  wind,  storm,  wave  action,  volcanic  activity,
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12048-08-0
        A. 9953                             2
 
     1  epidemic, disease outbreak, air contamination, terrorism,  cyber  event,
     2  blight, drought, infestation, explosion, radiological accident, nuclear,
     3  chemical,  biological,  or bacteriological release, water contamination,
     4  bridge  failure or bridge collapse. Any such directive must be necessary
     5  to cope with the disaster and  may  provide  for  procedures  reasonably
     6  necessary to enforce such directive.
     7    2.  Suspensions  pursuant  to subdivision one of this section shall be
     8  subject to the following standards and limits, which shall apply to  any
     9  directive where specifically indicated:
    10    a.  no suspension or directive shall be made for a period in excess of
    11  thirty days, provided, however, that upon reconsideration of all of  the
    12  relevant facts and circumstances, the governor may extend the suspension
    13  for additional periods not to exceed thirty days each;
    14    b.  no suspension or directive shall be made which [does not safeguard
    15  the] is not in the interest of the health [and] or welfare of the public
    16  and which is not reasonably necessary to aid the disaster effort;
    17    c. any such suspension order shall specify  the  statute,  local  law,
    18  ordinance, order, rule or regulation or part thereof to be suspended and
    19  the terms and conditions of the suspension;
    20    d.  the  order  may  provide for such suspension only under particular
    21  circumstances, and may provide for the alteration or modification of the
    22  requirements of such statute, local law, ordinance, order, rule or regu-
    23  lation suspended, and may include other terms and conditions;
    24    e. any such suspension order or directive shall provide for the  mini-
    25  mum  deviation  from  the  requirements of the statute, local law, ordi-
    26  nance, order, rule or regulation suspended consistent with the goals  of
    27  the disaster action deemed necessary; and
    28    f.  when practicable, specialists shall be assigned to assist with the
    29  related emergency actions to avoid needless  adverse  effects  resulting
    30  from such suspension.
    31    3. Such suspensions or directives shall be effective from the time and
    32  in  the  manner prescribed in such orders and shall be published as soon
    33  as practicable in the state bulletin.
    34    4. The legislature may terminate by  concurrent  resolution  executive
    35  orders issued under this section at any time.
    36    §  3.  The sum of forty million dollars ($40,000,000) is hereby appro-
    37  priated for transfer by the governor to the  general,  special  revenue,
    38  capital  projects, proprietary or fiduciary funds of any agency, depart-
    39  ment, or authority for services and expenses related to the outbreak  of
    40  coronavirus  disease  2019  (COVID-19).    Such  funds shall be used for
    41  purposes including, but not limited to, additional personnel,  equipment
    42  and  supplies, travel costs, and trainings. A portion of these funds may
    43  be made available as  state  aid  to  municipalities  for  services  and
    44  expenses related to the outbreak of coronavirus disease 2019 (COVID-19).
    45  Such  funds shall be available for payment of financial assistance here-
    46  tofore accrued or hereafter  to  accrue.  Any  disbursements  from  this
    47  appropriation  shall  be  distributed pursuant to a plan approved by the
    48  director of the budget.
    49    § 4. This act shall take effect immediately and sections one  and  two
    50  of this act shall expire and be deemed repealed April 30, 2021.

A09953 LFIN:

 
NO LFIN

A09953 Chamber Video/Transcript: