Bill Text: NY A04907 | 2021-2022 | General Assembly | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Republican 9-0)
Status: (Introduced - Dead) 2022-05-09 - held for consideration in governmental operations [A04907 Detail]
Download: New_York-2021-A04907-Introduced.html
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law relating to issuing by the governor of any directive 3 necessary to respond to a state disaster emergency, is REPEALED. 4 § 2.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. LBD04723-02-1A. 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 stateA. 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.