Bill Text: NY A10502 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to the length of time of a state disaster emergency declaration, requires the governor to transmit a weekly report to the legislature during a state disaster emergency and relates to the communication between the governor and parties affected by a suspension of laws during a state disaster emergency.
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Introduced - Dead) 2020-05-22 - referred to governmental operations [A10502 Detail]
Download: New_York-2019-A10502-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 10502 IN ASSEMBLY May 22, 2020 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Buttenschon, Santabarbara) -- read once and referred to the Committee on Govern- mental Operations AN ACT to amend the executive law, in relation to the length of time of a state disaster emergency declaration, requiring the governor to transmit a weekly report to the legislature during a state disaster emergency, and the communication between the governor and parties affected by a suspension of laws during a state disaster emergency The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 3 of section 28 of the executive law, as added 2 by chapter 640 of the laws of 1978 and as renumbered by chapter 708 of 3 the laws of 1981, is amended to read as follows: 4 3. The executive order shall include a description of the disaster, 5 and the affected area. Such order or orders shall remain in effect for a 6 period not to exceed [six months] thirty days or until rescinded by the 7 governor, whichever occurs first, except in accordance with subdivision 8 three of section twenty-eight-b of this article. The governor [may9issue] shall request additional orders to extend the state disaster 10 emergency for additional periods not to exceed [six months] thirty days. 11 § 2. The executive law is amended by adding a new section 28-b to read 12 as follows: 13 § 28-b. Term of state disaster emergency declaration. 1. The period 14 for which a declaration of a state disaster emergency, as defined in 15 paragraph b of subdivision two of section twenty of this article, shall 16 be for no more than thirty calendar days, except in accordance with 17 subdivision three of this section. After the thirty day period, if the 18 governor shall deem it necessary to continue the declaration, he or she 19 shall seek the approval of the senate and the assembly to continue such 20 declaration for an additional thirty days. The governor may seek the 21 approval of the senate and the assembly as many times as is necessary to 22 address a state disaster emergency and to continue such a declaration. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD16207-04-0A. 10502 2 1 2. The governor shall not issue a state disaster emergency declaration 2 for more than thirty days, except in accordance with subdivision three 3 of this section. 4 3. In the event that the governor requests the approval of the senate 5 and the assembly to continue a declaration of a state disaster emergen- 6 cy pursuant to subdivision one of this section, and the legislature is 7 not in session, then the governor shall call upon the temporary presi- 8 dent of the senate and the speaker of the assembly to convene a special 9 session for the purpose of considering legislative authorization for the 10 governor to extend the disaster declaration for an additional thirty 11 days. In the event that the temporary president of the senate and the 12 speaker of the assembly inform the governor that a quorum of both the 13 senate and the assembly cannot be met, or in the event that the tempo- 14 rary president of the senate and/or the speaker of the assembly, due to 15 death or disability, are unable to respond to such request from the 16 governor, then the governor shall have the authority to continue the 17 declaration until such time as the senate and assembly can convene. 18 § 3. Subdivision 2 of section 29-a of the executive law, as amended by 19 chapter 23 of the laws of 2020, is amended to read as follows: 20 2. Suspensions pursuant to subdivision one of this section shall be 21 subject to the following standards and limits, which shall apply to any 22 directive where specifically indicated: 23 a. no suspension or directive shall be made for a period in excess of 24 thirty days, provided, however, that upon reconsideration of all of the 25 relevant facts and circumstances, by and with the approval of the senate 26 and the assembly in accordance with the provisions of subdivisions one 27 and three of section twenty-eight-b of this article, the governor may 28 extend the suspension for additional periods not to exceed thirty days 29 each; 30 b. no suspension or directive shall be made which is not in the inter- 31 est of the health or welfare of the public and which is not reasonably 32 necessary to aid the disaster effort; 33 c. any such suspension order shall specify the statute, local law, 34 ordinance, order, rule or regulation or part thereof to be suspended and 35 the terms and conditions of the suspension; 36 d. the order may provide for such suspension only under particular 37 circumstances, and may provide for the alteration or modification of the 38 requirements of such statute, local law, ordinance, order, rule or regu- 39 lation suspended, and may include other terms and conditions; 40 e. any such suspension order or directive shall provide for the mini- 41 mum deviation from the requirements of the statute, local law, ordi- 42 nance, order, rule or regulation suspended consistent with the goals of 43 the disaster action deemed necessary; [and] 44 f. when practicable, specialists shall be assigned to assist with the 45 related emergency actions to avoid needless adverse effects resulting 46 from such suspension[.]; and 47 g. the order may only be issued after the governor has solicited input 48 from and communicated such action to the parties to be affected by such 49 suspension, including but not limited to local governments, individuals, 50 businesses, associations and others who are governed by the suspended 51 law. 52 § 4. Subdivision 2 of section 29-a of the executive law, as amended by 53 chapter 640 of the laws of 1978, is amended to read as follows: 54 2. Suspensions pursuant to subdivision one of this section shall be 55 subject to the following standards and limits:A. 10502 3 1 a. no suspension shall be made for a period in excess of thirty days, 2 provided, however, that upon reconsideration of all of the relevant 3 facts and circumstances, the governor may extend the suspension for 4 additional periods not to exceed thirty days each in accordance with the 5 provisions of subdivisions one and three of section twenty-eight-b of 6 this article; 7 b. no suspension shall be made which does not safeguard the health and 8 welfare of the public and which is not reasonably necessary to the 9 disaster effort; 10 c. any such suspension order shall specify the statute, local law, 11 ordinance, order, rule or regulation or part thereof to be suspended and 12 the terms and conditions of the suspension; 13 d. the order may provide for such suspension only under particular 14 circumstances, and may provide for the alteration or modification of the 15 requirements of such statute, local law, ordinance, order, rule or regu- 16 lation suspended, and may include other terms and conditions; 17 e. any such suspension order shall provide for the minimum deviation 18 from the requirements of the statute, local law, ordinance, order, rule 19 or regulation suspended consistent with the disaster action deemed 20 necessary; [and] 21 f. when practicable, specialists shall be assigned to assist with the 22 related emergency actions to avoid needless adverse effects resulting 23 from such suspension[.]; and 24 g. the order may only be issued after the governor has solicited input 25 from and communicated such action to the parties to be affected by such 26 suspension, including but not limited to local governments, individuals, 27 businesses, associations and others who are governed by the suspended 28 law. 29 § 5. The executive law is amended by adding a new section 29-l to read 30 as follows: 31 § 29-l. Weekly report of governor to the legislature. The governor 32 shall transmit a weekly report on all suspension of laws, all executive 33 actions, all executive decisions, and all communications of the gover- 34 nor, his agencies and affected parties in relation to the state disaster 35 emergency declaration, on a weekly basis. Such report, including all 36 information included in such report, shall be transmitted both electron- 37 ically and by mail or courier to each individual member of the senate 38 and assembly weekly. 39 § 6. This act shall take effect immediately; provided, however, that 40 the amendments to subdivision 2 of section 29-a of the executive law 41 made by section three of this act shall be subject to the expiration and 42 reversion of such section pursuant to section 4 of chapter 23 of the 43 laws of 2020, as amended, when upon such date the provisions of section 44 four of this act shall take effect.
