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- Actions
- Committee Votes
- Floor Votes
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S05357 Summary:
BILL NO | S05357 |
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SAME AS | SAME AS A05967 |
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SPONSOR | STEWART-COUSINS |
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COSPNSR | BAILEY, BROUK, COMRIE, GAUGHRAN, GIANARIS, GOUNARDES, HINCHEY, HOYLMAN, JACKSON, KAPLAN, KENNEDY, KRUEGER, LIU, MAY, MAYER, PARKER, SALAZAR, SANDERS, SAVINO, THOMAS |
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MLTSPNSR | |
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Amd §4, Chap 23 of 2020; amd §28, Exec L | |
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Provides that the legislature may terminate by concurrent resolution a state disaster emergency issued under section 28 of the executive law; authorizes any directive issued pursuant to chapter 23 of the laws of 2020, in effect at the time of the repeal of such chapter shall be permitted to continue for 30 days from the date of such repeal, subject to certain provisions; makes related provisions. |
S05357 Actions:
BILL NO | S05357 | |||||||||||||||||||||||||||||||||||||||||||||||||
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03/02/2021 | REFERRED TO RULES | |||||||||||||||||||||||||||||||||||||||||||||||||
03/05/2021 | ORDERED TO THIRD READING CAL.504 | |||||||||||||||||||||||||||||||||||||||||||||||||
03/05/2021 | PASSED SENATE | |||||||||||||||||||||||||||||||||||||||||||||||||
03/05/2021 | DELIVERED TO ASSEMBLY | |||||||||||||||||||||||||||||||||||||||||||||||||
03/05/2021 | referred to codes | |||||||||||||||||||||||||||||||||||||||||||||||||
03/05/2021 | substituted for a5967 | |||||||||||||||||||||||||||||||||||||||||||||||||
03/05/2021 | ordered to third reading rules cal.33 | |||||||||||||||||||||||||||||||||||||||||||||||||
03/05/2021 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
03/05/2021 | returned to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
03/05/2021 | DELIVERED TO GOVERNOR | |||||||||||||||||||||||||||||||||||||||||||||||||
03/07/2021 | SIGNED CHAP.71 |
S05357 Committee Votes:
Go to topS05357 Floor Votes:
Yes
Abbate
Yes
Clark
Yes
Frontus
No
Lalor
Yes
Paulin
Yes
Sillitti
Yes
Abinanti
Yes
Colton
Yes
Galef
Yes
Lavine
Yes
Peoples-Stokes
Yes
Simon
Yes
Anderson
Yes
Conrad
Yes
Gallagher
No
Lawler
Yes
Perry
No
Simpson
No
Angelino
Yes
Cook
No
Gallahan
No
Lemondes
Yes
Pheffer Amato
No
Smith
No
Ashby
Yes
Cruz
No
Gandolfo
Yes
Lunsford
Yes
Pichardo
No
Smullen
Yes
Aubry
Yes
Cusick
No
Giglio JA
Yes
Lupardo
Yes
Pretlow
Yes
Solages
No
Barclay
Yes
Cymbrowitz
No
Giglio JM
Yes
Magnarelli
Yes
Quart
Yes
Steck
Yes
Barnwell
Yes
Darling
Yes
Glick
Yes
Mamdani
No
Ra
Yes
Stern
Yes
Barrett
Yes
Davila
Yes
Gonzalez-Rojas
No
Manktelow
Yes
Rajkumar
Yes
Stirpe
Yes
Barron
Yes
De La Rosa
No
Goodell
Yes
McDonald
Yes
Ramos
No
Tague
Yes
Benedetto
No
DeStefano
Yes
Gottfried
No
McDonough
No
Reilly
No
Tannousis
Yes
Bichotte Hermel
Yes
Dickens
Yes
Griffin
Yes
McMahon
Yes
Reyes
Yes
Taylor
No
Blankenbush
Yes
Dilan
Yes
Gunther
Yes
Meeks
Yes
Richardson
Yes
Thiele
No
Brabenec
Yes
Dinowitz
No
Hawley
No
Mikulin
Yes
Rivera J
Yes
Vanel
Yes
Braunstein
No
DiPietro
Yes
Hevesi
No
Miller B
Yes
Rivera JD
No
Walczyk
Yes
Bronson
No
Durso
Yes
Hunter
No
Miller M
Yes
Rodriguez
Yes
Walker
No
Brown
Yes
Eichenstein
Yes
Hyndman
Yes
Mitaynes
Yes
Rosenthal D
Yes
Wallace
Yes
Burdick
Yes
Englebright
Yes
Jackson
No
Montesano
Yes
Rosenthal L
No
Walsh
Yes
Burgos
Yes
Epstein
Yes
Jacobson
No
Morinello
Yes
Rozic
Yes
Weinstein
Yes
Burke
Yes
Fahy
Yes
Jean-Pierre
Yes
Niou
No
Salka
Yes
Weprin
Yes
Buttenschon
Yes
Fall
No
Jensen
Yes
Nolan
Yes
Santabarbara
Yes
Williams
No
Byrne
Yes
Fernandez
Yes
Jones
No
Norris
Yes
Sayegh
Yes
Woerner
No
Byrnes
No
Fitzpatrick
Yes
Joyner
Yes
O'Donnell
No
Schmitt
Yes
Zebrowski
Yes
Cahill
Yes
Forrest
Yes
Kelles
Yes
Otis
Yes
Seawright
Yes
Zinerman
Yes
Carroll
No
Friend
Yes
Kim
No
Palmesano
Yes
Septimo
Yes
Mr. Speaker
‡ Indicates voting via videoconference
S05357 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 5357 2021-2022 Regular Sessions IN SENATE March 2, 2021 ___________ Introduced by Sen. STEWART-COUSINS -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the executive law, in relation to the termination of certain executive powers; to amend 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, in relation to the effectiveness thereof; 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. Legislative intent. Chapter 23 of the laws of 2020 was 2 adopted during uncertain times, during the beginning of the national 3 awareness of the COVID-19 virus and its first detection in New York. 4 Responding to the virus was declared a public health emergency by the US 5 Centers for Disease Control and there was the threat of widespread tran- 6 smission in the United States. At the time it was not known that New 7 York State would become one of the epicenters of the pandemic, how long 8 the pandemic would last, or the toll that it would take on the people of 9 the state. In the face of uncertain and unprecedented times, the legis- 10 lature enacted chapter twenty-three in order to take action to combat an 11 unknown and unprecedented problem, and in case the governor needed addi- 12 tional powers to deal with the quickly evolving situation. Much has 13 been learned about the COVID-19 virus in the last year. The legislature 14 finds that there has been progress in the fight against the virus with 15 the approval and distribution of multiple vaccines in recent months. 16 With increased knowledge including the means of transmission, prevention 17 and treatment of the COVID-19 outbreak and additional time to reflect, 18 the legislature finds and declares that the governor is adequately 19 equipped with his previously existing emergency powers and with the 20 authorization to continue existing directive extension and modification 21 powers to deal with the situation. The legislature therefore declares EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10245-06-1S. 5357 2 1 that it is time to restore the pre-pandemic balance of power of the 2 governor and legislature, and to continue to move forward with the 3 response and recovery while maintaining the authority of public-health 4 focused directives taken by the Governor, with reasonable limitations, 5 during the possibly waning days of the pandemic. 6 § 2. 1. As used in this section, "public health directive related to 7 managing the COVID-19 pandemic", means a directive certified in the sole 8 discretion of the commissioner of health to address the spread and/or 9 reduction of the COVID-19 virus, facilitate vaccine distribution or 10 administration, or require the use of face coverings. Such certif- 11 ication shall include a detailed explanation of how such directive will 12 address the spread and/or reduction of the COVID-19 virus, facilitate 13 vaccine distribution or administration, or require the use of face 14 coverings and shall also be contained within the notice required to be 15 made by the governor pursuant to paragraphs a and b of subdivision 2 of 16 this section. 17 2. Any directive previously issued pursuant to chapter 23 of the laws 18 of 2020 in effect at the time of the repeal of such chapter shall be 19 permitted to continue for 30 days from the effective date of this chap- 20 ter notwithstanding the repeal of chapter 23 of the laws of 2020 and 21 following the expiration of such 30 day period, any extensions or 22 modifications of such directives shall be subject to the following 23 provisions: 24 a. The governor may extend or modify any directive, by executive 25 order, that has been issued and remains in effect on the effective date 26 of this act for additional 30 day increments in a manner provided for in 27 this section, provided that the purpose of extending or modifying the 28 directive is to issue a public health directive related to managing the 29 COVID-19 pandemic. 30 b. No later than 5 days prior to the extension or modification of such 31 a directive, the governor shall notify including via electronic means 32 the relevant committee chairs in the assembly and senate and the speaker 33 of the assembly and temporary president of the senate of his or her 34 intent to extend or modify any directive, and shall include therewith 35 the certification required by subdivision 1 of this section, to describe 36 the need for extension or modification of such directive and the threat 37 to the public health or safety that requires the extension or modifica- 38 tion. If the governor certifies that the extension or modification of 39 such a directive is necessary to address any exigent circumstances that 40 address an imminent threat to public health or safety, he or she shall 41 provide such certification required by the commissioner of health as 42 provided in subdivision 1 of this section as soon as possible, but in 43 any event, prior to the issuance of an extension or modification of such 44 a directive. The governor shall provide an opportunity to comment on 45 any such directive by the relevant committee chairs, which comments may 46 be received after the issuance of the directive and shall not affect the 47 validity thereof. 48 c. No later than 5 days prior to the extension or modification of a 49 directive only explicitly affecting specific municipalities, the gover- 50 nor shall notify including via electronic means the relevant executive 51 leaders of such municipalities and such municipal legislature of his or 52 her intent to extend or modify any such directive, and shall include 53 therewith the certification required by subdivision 1 of this section to 54 describe the need for extension or modification of such directive and 55 the specific threat to the public health or safety that requires the 56 extension or modification. If the governor certifies that the extensionS. 5357 3 1 or modification of such a directive is necessary to address any exigent 2 circumstances that address an imminent threat to the public health or 3 safety, he or she shall provide such certification required by the 4 commissioner of health as provided in subdivision 1 of this section, as 5 soon as possible but in any event, prior to the issuance of an extension 6 or modification of such a directive. The governor shall provide an 7 opportunity to comment on any such directive by such executive leaders 8 and legislatures, which comments may be received after the issuance of 9 the directive and shall not affect the validity thereof. 10 d. No directive shall be modified pursuant to this section unless such 11 modification is solely for the purpose of altering the numeric amount or 12 percentage of individuals, businesses, vaccination locations or provid- 13 ers or administrators, or other entities impacted by a directive, or 14 placing additional restrictions or reducing existing restrictions 15 related to testing, quarantine, social distancing, air quality or 16 filtration, or mask requirements, for any entity located in the state, 17 including but not limited to modification of individuals eligible for 18 vaccination or modification of limits on the seating capacity of a busi- 19 ness to operate during a state of emergency. 20 e. No directive shall be extended or modified to the extent that such 21 directive prohibits the adoption by any municipality of this state a 22 local executive order within such municipality's existing power except 23 where such an order conflicts with any executive order issued by the 24 state. 25 f. No directive may be extended or modified more than once unless the 26 governor has responded, including electronically, to any comments 27 provided by the chairs of any relevant committee or relevant municipal 28 entities pursuant to this section which have been received within 5 days 29 of the time required for such notice pursuant to paragraph b of this 30 subdivision, and which may be attested to in the notice by the governor 31 to the relevant chairs and the leaders as provided in paragraph b of 32 this subdivision, which shall be deemed sufficient for purposes of the 33 effectiveness of such directive. 34 g. The legislature may terminate by concurrent resolution executive 35 orders issued under this section at any time. 36 h. Directives shall be effective from the time and in the manner 37 prescribed in such orders and shall be published as soon as practicable 38 in the state bulletin and as provided in this section. 39 § 3. (a) Within 15 days of the effective date of this section all 40 current suspensions and directives authorized pursuant to executive 41 orders 202 and 205 of 2020 and this act shall be posted on the website 42 for the office of the governor in a searchable format, and shall 43 include, but not be limited to: 44 (i) the disaster emergency that such suspension and directives pertain 45 to; 46 (ii) the subject category or area affected; 47 (iii) a summary of the provisions suspended or modified; 48 (iv) the order's expiration date; 49 (v) the entity responsible for enforcing such provisions; and 50 (vi) in the case of a directive extended or modified pursuant to the 51 provisions of this act, the need for extension or modification of such 52 directive and the threat to the public health or safety that requires 53 the extension or modification. 54 (b) Such website shall be updated upon the issuance of every suspen- 55 sion or directive pursuant to this act.S. 5357 4 1 (c) Every thirty days, such website shall also be updated with 2 responses to written comments or information requests from relevant 3 committee chairs or municipal government entities received pursuant to 4 the provisions of this act. 5 § 4. Section 4 of chapter 23 of the laws of 2020 amending the execu- 6 tive law relating to issuing by the governor of any directive necessary 7 to respond to a state disaster emergency, is amended to read as follows: 8 § 4. This act shall take effect immediately and [sections one and] 9 section two of this act shall expire and be deemed repealed [April 30,102021] immediately, provided however, any directive issued pursuant to 11 this chapter in effect at the time of such repeal shall be permitted to 12 continue for 30 days from the date of such repeal, unless further 13 extended as provided in section 2 of the chapter of the laws of 2021 14 amending the executive law relating to the termination of certain execu- 15 tive powers; to amend chapter 23 of the laws of 2020 amending the execu- 16 tive law relating to issuing by the governor of any directive necessary 17 to respond to a state disaster emergency, in relation to the effective- 18 ness thereof; and providing for the repeal of certain provisions upon 19 expiration thereof. Nothing contained herein shall be construed to 20 diminish or repeal any statutory or regulatory authority to exercise 21 emergency powers that existed prior to the enactment of this act. 22 § 5. Section 28 of the executive law is amended by adding a new subdi- 23 vision 5 to read as follows: 24 5. The legislature may terminate at any time a state disaster emergen- 25 cy issued under this section by concurrent resolution. 26 § 6. Severability. If any provision of this act, or the application 27 thereof to any person or circumstances, is held invalid or unconstitu- 28 tional, that invalidity or unconstitutionality shall not affect other 29 provisions or applications of this act that can be given effect without 30 the invalid or unconstitutional provision or application, and to this 31 end the provisions of this act are severable. 32 § 7. This act shall take effect immediately, provided that, section 33 two of this act shall expire and be deemed repealed upon the termination 34 of the state of emergency declared pursuant to executive order 202 of 35 2020.