Bill Text: NY A05409 | 2021-2022 | General Assembly | Introduced

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Bill Title: Permits the legislature to modify provisions or directives contained within executive orders through legislative action other than concurrent resolution; permits restaurants to remain open until midnight notwithstanding executive order 202 of 2020.

Spectrum: Partisan Bill (Republican 15-0)

Status: (Introduced - Dead) 2022-04-26 - held for consideration in governmental operations [A05409 Detail]

Download: New_York-2021-A05409-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5409

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    February 16, 2021
                                       ___________

        Introduced by M. of A. GANDOLFO, BYRNE, DeSTEFANO, J. A. GIGLIO, JENSEN,
          SMITH,  TANNOUSIS, LAWLER, BRABENEC, BROWN, DURSO, REILLY, RA, MANKTE-
          LOW, MIKULIN -- read once and referred to  the  Committee  on  Govern-
          mental Operations

        AN ACT to amend the executive law, in relation to the suspension of laws
          during  a  declared  state of emergency; and permitting restaurants to
          remain open until midnight

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivision  4  of  section 29-a of the executive law, as
     2  amended by chapter 23 of the  laws  of  2020,  is  amended  to  read  as
     3  follows:
     4    4.  The legislature may terminate by concurrent resolution or by other
     5  legislative action any executive [orders] order, or may modify or  amend
     6  by  concurrent  resolution  or  by other legislative action any specific
     7  provision or directive contained within any executive order issued under
     8  this section at any time.
     9    § 2. Subdivision 4 of section 29-a of the executive law, as  added  by
    10  chapter 640 of the laws of 1978, is amended to read as follows:
    11    4.  The legislature may terminate by concurrent resolution or by other
    12  legislative action any executive [orders] order, or may modify or  amend
    13  by  concurrent  resolution  or  by other legislative action any specific
    14  provision or directive contained within any executive order issued under
    15  this section at any time.
    16    § 3. Notwithstanding any provision or directive contained in executive
    17  order number 202 of 2020 or any  further  amendments,  modifications  or
    18  extensions  pursuant  to section 28 of the executive law, any restaurant
    19  shall be permitted to remain open for in-person dining until  12:00  AM,
    20  upon  which time such restaurant shall cease in-person dining, and shall
    21  reopen no earlier than 5:00 AM; provided that such  restaurant  and  the
    22  person or entity operating it are otherwise in compliance with all other

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09324-01-1
        A. 5409                             2

     1  applicable  state or local laws, rules and regulations pertaining to its
     2  operation and any provisions of such executive order 202 not related  to
     3  hours permitted for in-person dining.
     4    § 4. Severability. If any clause, sentence, paragraph, section or part
     5  of  this act shall be adjudged by any court of competent jurisdiction to
     6  be invalid and after exhaustion of  all  further  judicial  review,  the
     7  judgement  shall not affect, impair or invalidate the remainder thereof,
     8  but shall be confined in its operation to the  clause,  sentence,  para-
     9  graph,  section or part of this act directly involved in the controversy
    10  in which the judgment shall have been rendered.
    11    § 5. This act shall take effect immediately, provided that the  amend-
    12  ments  to  subdivision  4  of  section 29-a of the executive law made by
    13  section one of this act shall be subject to the expiration and reversion
    14  of such section pursuant to chapter 23 of the laws of 2020, as  amended,
    15  when upon such date the provisions of section two of this act shall take
    16  effect.