Bill Text: NY A06571 | 2021-2022 | General Assembly | Introduced

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Bill Title: Permits the legislature to override certain powers of the executive during a declared state of emergency; permits schools to open where a social distance of three feet can be maintained.

Spectrum: Partisan Bill (Republican 7-0)

Status: (Introduced - Dead) 2022-01-05 - referred to governmental operations [A06571 Detail]

Download: New_York-2021-A06571-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6571

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                     March 19, 2021
                                       ___________

        Introduced  by  M.  of A. DiPIETRO, BRABENEC, SCHMITT, MANKTELOW, ASHBY,
          HAWLEY, SALKA -- 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 schools to open
          to students under certain guidelines

          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 any execu-
     5  tive [orders] order, or may modify or amend by concurrent resolution any
     6  specific provision or directive contained  within  any  executive  order
     7  issued under this section at any time.
     8    §  2.  Subdivision 4 of section 29-a of the executive law, as added by
     9  chapter 640 of the laws of 1978, is amended to read as follows:
    10    4. The legislature may terminate by concurrent resolution  any  execu-
    11  tive [orders] order, or may modify or amend by concurrent resolution any
    12  specific  provision  or  directive  contained within any executive order
    13  issued under this section at any time.
    14    § 3. Notwithstanding any provision or directive contained in executive
    15  order number 202 of 2020 or any  further  amendments,  modifications  or
    16  extensions pursuant to section 28 of the executive law, school districts
    17  or  school  buildings  within such districts, including community school
    18  districts, shall be permitted to open to students for in-person instruc-
    19  tion if such school district can accommodate students in  classrooms  or
    20  other  space  provided for instruction such that students can maintain a
    21  distance of at least three feet from others at all times; provided  that
    22  such  school districts are otherwise in compliance with all other appli-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09942-01-1
        A. 6571                             2

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