S04888 Summary:

BILL NOS04888
 
SAME ASNo Same As
 
SPONSORBIAGGI
 
COSPNSRAKSHAR, BORRELLO, BOYLE, GALLIVAN, GRIFFO, HELMING, JORDAN, LANZA, MARTUCCI, MATTERA, OBERACKER, O'MARA, ORTT, PALUMBO, RATH, RITCHIE, SERINO, STEC, TEDISCO, WEIK
 
MLTSPNSR
 
Amd §§20 & 29-a, Exec L
 
Revokes the extension of emergency powers granted to the governor related to the outbreak of coronavirus disease 2019 (COVID-19).
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S04888 Actions:

BILL NOS04888
 
02/17/2021REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
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S04888 Committee Votes:

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S04888 Memo:

Memo not available
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S04888 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4888
 
                               2021-2022 Regular Sessions
 
                    IN SENATE
 
                                    February 17, 2021
                                       ___________
 
        Introduced  by  Sen.  BIAGGI -- 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 revoking the extension
          of emergency powers granted to the governor related to the outbreak of
          coronavirus disease 2019

          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 chapter 23 of the laws of 2020, is amended to read
     3  follows:
     4    a. "disaster" means occurrence  or  imminent[,  impending  or  urgent]
     5  threat of wide spread or severe damage, injury, or loss of life or prop-
     6  erty  resulting  from any natural or man-made causes, including, but not
     7  limited to, fire, flood, earthquake,  hurricane,  tornado,  high  water,
     8  landslide,  mudslide,  wind,  storm,  wave  action,  volcanic  activity,
     9  epidemic, [disease outbreak,] air contamination, terrorism, cyber event,
    10  blight, drought, infestation, explosion, radiological accident, nuclear,
    11  chemical, biological, or bacteriological release,  water  contamination,
    12  bridge failure or bridge collapse.
    13    §  2.  Section  29-a of the executive law, as amended by chapter 23 of
    14  the laws of 2020, is amended to read as follows:
    15    § 29-a. Suspension of other laws. 1. Subject to  the  state  constitu-
    16  tion, the federal constitution and federal statutes and regulations, the
    17  governor  may  by executive order temporarily suspend any statute, local
    18  law, ordinance, or orders, rules or regulations, or  parts  thereof,  of
    19  any  agency  during  a state disaster emergency, if compliance with such
    20  provisions would prevent, hinder, or delay action necessary to cope with
    21  the disaster [or if necessary to assist  or  aid  in  coping  with  such
    22  disaster.  The  governor,  by  executive  order, may issue any directive
    23  during a state disaster emergency declared in the  following  instances:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09680-01-1

        S. 4888                             2

     1  fire,  flood,  earthquake,  hurricane,  tornado,  high water, landslide,
     2  mudslide, wind, storm, wave action, volcanic activity, epidemic, disease
     3  outbreak, air contamination, terrorism, cyber  event,  blight,  drought,
     4  infestation,   explosion,   radiological  accident,  nuclear,  chemical,
     5  biological, or  bacteriological  release,  water  contamination,  bridge
     6  failure or bridge collapse. Any such directive must be necessary to cope
     7  with the disaster and may provide for procedures reasonably necessary to
     8  enforce such directive].
     9    2.  Suspensions  pursuant  to subdivision one of this section shall be
    10  subject to the following standards and limits[, which shall apply to any
    11  directive where specifically indicated]:
    12    a. no suspension [or directive] shall be made for a period  in  excess
    13  of  thirty  days, provided, however, that upon reconsideration of all of
    14  the relevant facts  and  circumstances,  the  governor  may  extend  the
    15  suspension for additional periods not to exceed thirty days each;
    16    b.  no  suspension  [or  directive] shall be made which [is not in the
    17  interest of] does not safeguard the  health  [or]  and  welfare  of  the
    18  public and which is not reasonably necessary to aid the disaster effort;
    19    c.  any  such  suspension  order shall specify the statute, local law,
    20  ordinance, order, rule or regulation or part thereof to be suspended and
    21  the terms and conditions of the suspension;
    22    d. the order may provide for such  suspension  only  under  particular
    23  circumstances, and may provide for the alteration or modification of the
    24  requirements of such statute, local law, ordinance, order, rule or regu-
    25  lation suspended, and may include other terms and conditions;
    26    e.  any  such  suspension  order  [or directive] shall provide for the
    27  minimum deviation from the requirements of the statute, local law, ordi-
    28  nance, order, rule or regulation suspended consistent with the [goals of
    29  the] disaster action deemed necessary; and
    30    f. when practicable, specialists shall be assigned to assist with  the
    31  related  emergency  actions  to avoid needless adverse effects resulting
    32  from such suspension.
    33    3. Such suspensions [or directives] shall be effective from  the  time
    34  and  in  the  manner prescribed in such orders and shall be published as
    35  soon as practicable in the state bulletin.
    36    4. The legislature may terminate by  concurrent  resolution  executive
    37  orders issued under this section at any time.
    38    §  3.  This  act shall take effect immediately, provided however, that
    39  the amendments to paragraph a of subdivision 2  of  section  20  of  the
    40  executive  law  made  by  section  one of this act and the amendments to
    41  section 29-a of the executive law made by section two of this act  shall
    42  not  affect  the expiration of such paragraph and such section and shall
    43  be deemed to expire therewith.
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S04888 Chamber Video/Transcript:

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