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A04907 Summary:

BILL NOA04907
 
SAME ASSAME AS S01749-A
 
SPONSORGoodell
 
COSPNSRWalsh, Tannousis, Miller M, Lawler, Durso, Jensen, Blankenbush, Lemondes
 
MLTSPNSR
 
Rpld §2, Chap 23 of 2020; amd §29-a, Exec L
 
Restores the legislative checks and balances to any emergency declaration that exceeds forty-five days and 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 and requiring a specification and explanation of which municipalities are affected by such suspension of laws.
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A04907 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4907
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 8, 2021
                                       ___________
 
        Introduced  by M. of A. GOODELL -- read once and referred to the Commit-
          tee on Governmental Operations
 
        AN ACT to repeal section 2 of chapter 23 of the laws of  2020,  amending
          the executive law relating to issuing by the governor of any directive
          necessary  to  respond to a state disaster emergency; and to amend the
          executive law, in relation to restoring  the  legislative  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:
 
     1    Section  1.  Section 2 of chapter 23 of the laws of 2020, amending the
     2  executive law relating to issuing  by  the  governor  of  any  directive
     3  necessary to respond to a state disaster emergency, is REPEALED.
     4    § 2. Section 29-a of the executive law, as added by chapter 640 of the
     5  laws of 1978, subdivision 1 as amended by section 7 of part G of chapter
     6  55 of the laws of 2012, is amended to read as follows:
     7    § 29-a. Suspension of other laws. 1. a. Subject to the state constitu-
     8  tion, the federal constitution and federal statutes and regulations, the
     9  governor  may by executive order temporarily suspend specific provisions
    10  of any statute, local law, ordinance, or orders, rules  or  regulations,
    11  or  parts  thereof,  of any agency during a state disaster emergency, if
    12  compliance with such provisions would prevent, hinder, or  delay  action
    13  necessary to cope with the disaster.
    14    b.  Every  order  directing  the  temporary suspension of any statute,
    15  local law, ordinance, or order, rule or regulation,  shall  specify  the
    16  individual  county  or  counties  to be affected by such order and shall
    17  provide a detailed explanation and rationale that states  with  particu-
    18  larity  the  facts,  circumstances, demographics, and conditions of each
    19  such county that justifies the issuance of such an order related to such
    20  county.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04723-02-1

        A. 4907                             2
 
     1    2. Suspensions pursuant to subdivision one of this  section  shall  be
     2  subject to the following standards and limits:
     3    a.  no suspension shall be made for a period in excess of thirty days,
     4  provided, however, that upon reconsideration  of  all  of  the  relevant
     5  facts  and circumstances, the governor may extend the suspension for any
     6  specified county or counties for an additional [periods] period  not  to
     7  exceed  [thirty]  fifteen  days  [each].  At the end of such period, all
     8  suspensions shall terminate and be of no further force or effect  unless
     9  the  legislature,  by  concurrent resolution, authorizes an extension by
    10  the governor for a specified county or counties, for  a  period  not  to
    11  exceed  an  additional  thirty  days;  provided that the legislature may
    12  authorize multiple extensions if it deems necessary;
    13    b. no suspension shall be made which does not safeguard the health and
    14  welfare of the public and which  is  not  reasonably  necessary  to  the
    15  disaster effort;
    16    c.  any  such  suspension  order shall specify the statute, local law,
    17  ordinance, order, rule or regulation or part thereof to be suspended and
    18  the terms and conditions of the suspension;
    19    d. the order may provide for such  suspension  only  under  particular
    20  circumstances, and may provide for the alteration or modification of the
    21  requirements of such statute, local law, ordinance, order, rule or regu-
    22  lation suspended, and may include other terms and conditions;
    23    e.  any  such suspension order shall provide for the minimum deviation
    24  from the requirements of the statute, local law, ordinance, order,  rule
    25  or  regulation  suspended  consistent  with  the  disaster action deemed
    26  necessary; and
    27    f. when practicable, specialists shall be assigned to assist with  the
    28  related  emergency  actions  to avoid needless adverse effects resulting
    29  from such suspension.
    30    3. Such suspensions shall be effective from the time and in the manner
    31  prescribed in such orders and shall be published as soon as  practicable
    32  in the state bulletin.
    33    4.  The  legislature  may terminate by concurrent resolution executive
    34  orders issued under this section at any time.
    35    5. a. Any chief executive of a county except a county wholly contained
    36  within a city, or the mayor of any city with more than a  million  resi-
    37  dents,  may  upon  fifteen days notice request the governor to terminate
    38  any declaration of a state disaster emergency or any  related  executive
    39  order affecting such political subdivision.
    40    b. If the governor denies such request, the governor shall within such
    41  fifteen  day period provide to the chief executive officer of the county
    42  or mayor a detailed written explanation and rationale that  states  with
    43  particularity  the  circumstances,  demographics, and conditions of such
    44  county or city that justifies the continuance of such an  order  related
    45  to  such political subdivision.  If the governor fails to respond within
    46  such fifteen-day period, the state disaster emergency  and  all  related
    47  executive  orders  shall  cease  and be of no further force or effect as
    48  applied to the requesting county or city.
    49    c. If the governor denies a request to terminate any declaration of  a
    50  state disaster emergency or any related executive order, the chief exec-
    51  utive  officer  of the county or the mayor may seek a judicial review of
    52  the governor's decision pursuant to a special  proceeding  commenced  in
    53  supreme  court  in the affected county or city.  The governor shall have
    54  the burden to establish, with clear and convincing evidence, within five
    55  days after service on the governor and attorney general of the  petition
    56  seeking  judicial  review,    the  need for a continuation of such state

        A. 4907                             3
 
     1  disaster emergency and any related executive orders for such  county  or
     2  city  and  that  such executive orders are narrowly tailored to meet the
     3  disaster emergency and comply  with  the  restrictions  and  limitations
     4  contained  in  this  chapter, including, amongst other things, involving
     5  the minimum deviation from any provision that was suspended and avoiding
     6  needless adverse effects.   The supreme court shall  render  a  decision
     7  within  fifteen  days after service on the governor and attorney general
     8  of the petition seeking judicial review.
     9    6. Every executive order that impairs the  right  to  freely  practice
    10  religion  or  worship,  to  peaceably  assemble, to free speech, to free
    11  press, or to liberty or property; impairs equal treatment under the law;
    12  impairs the validity of an existing contract; or otherwise  impairs  any
    13  right  granted  by  the New York state constitution or the United States
    14  Constitution shall, within the executive order  itself,  provide  for  a
    15  process by which a person or entity may seek review of the applicability
    16  and constitutionality thereof.  Such review shall include, at a minimum,
    17  the  right to a prompt impartial administrative hearing and decision and
    18  the right to appeal the final  determination  of  such  hearing  to  the
    19  supreme court in the county in which such person or entity is located.
    20    §  3.  This  act shall take effect on the thirtieth day after it shall
    21  have become a law.
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