S T A T E   O F   N E W   Y O R K
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                                   10546
 
                           I N  A S S E M B L Y
 
                               May 28, 2020
                                ___________
 
 Introduced  by  COMMITTEE  ON  RULES -- (at request of M. of A. Goodell,
   Barclay, Ashby, Brabenec, Byrnes, Crouch, DeStefano, DiPietro,  Finch,
   Friend,  Hawley, Kolb, Lawrence, LiPetri, Manktelow, Mikulin, B. Mill-
   er, M. L. Miller, Montesano, Morinello, Norris, Palmesano, Ra, Reilly,
   Salka, Smullen, Tague, Walczyk,  Walsh,  Byrne,  Giglio,  Malliotakis,
   Stec) -- read once and referred to the Committee on Governmental Oper-
   ations
 
 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:
 
   Section 1. 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 necessary to respond to a state disaster emergency, is REPEALED.
   § 2. Section 29-a of the executive law, as added by chapter 640 of the
 laws of 1978, subdivision 1 as amended by section 7 of part G of chapter
 55 of the laws of 2012, is amended to read as follows:
   § 29-a. Suspension of other laws. 1. A. Subject to the state constitu-
 tion, the federal constitution and federal statutes and regulations, the
 governor may by executive order temporarily suspend specific  provisions
 of  any  statute, local law, ordinance, or orders, rules or regulations,
 or parts thereof, of any agency during a state  disaster  emergency,  if
 compliance  with  such provisions would prevent, hinder, or delay action
 necessary to cope with the disaster.
   B. EVERY ORDER DIRECTING THE  TEMPORARY  SUSPENSION  OF  ANY  STATUTE,
 LOCAL  LAW,  ORDINANCE,  OR ORDER, RULE OR REGULATION, SHALL SPECIFY THE
 INDIVIDUAL COUNTY OR COUNTIES TO BE AFFECTED BY  SUCH  ORDER  AND  SHALL
 PROVIDE  A  DETAILED EXPLANATION AND RATIONALE THAT STATES WITH PARTICU-
 LARITY THE FACTS, CIRCUMSTANCES, DEMOGRAPHICS, AND  CONDITIONS  OF  EACH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD16480-03-0

 A. 10546                            2
 
 SUCH COUNTY THAT JUSTIFIES THE ISSUANCE OF SUCH AN ORDER RELATED TO SUCH
 COUNTY.
   2.  Suspensions  pursuant  to subdivision one of this section shall be
 subject to the following standards and limits:
   a. no suspension shall be made for a period in excess of thirty  days,
 provided,  however,  that  upon  reconsideration  of all of the relevant
 facts and circumstances, the governor may extend the suspension for  ANY
 SPECIFIED  COUNTY  OR COUNTIES FOR AN additional [periods] PERIOD not to
 exceed [thirty] FIFTEEN days [each]. AT THE  END  OF  SUCH  PERIOD,  ALL
 SUSPENSIONS  SHALL TERMINATE AND BE OF NO FURTHER FORCE OR EFFECT UNLESS
 THE LEGISLATURE, BY CONCURRENT RESOLUTION, AUTHORIZES  AN  EXTENSION  BY
 THE  GOVERNOR  FOR  A  SPECIFIED COUNTY OR COUNTIES, FOR A PERIOD NOT TO
 EXCEED AN ADDITIONAL THIRTY DAYS;  PROVIDED  THAT  THE  LEGISLATURE  MAY
 AUTHORIZE MULTIPLE EXTENSIONS IF IT DEEMS NECESSARY;
   b. no suspension shall be made which does not safeguard the health and
 welfare  of  the  public  and  which  is not reasonably necessary to the
 disaster effort;
   c. any such suspension order shall specify  the  statute,  local  law,
 ordinance, order, rule or regulation or part thereof to be suspended and
 the terms and conditions of the suspension;
   d.  the  order  may  provide for such suspension only under particular
 circumstances, and may provide for the alteration or modification of the
 requirements of such statute, local law, ordinance, order, rule or regu-
 lation suspended, and may include other terms and conditions;
   e. any such suspension order shall provide for the  minimum  deviation
 from  the requirements of the statute, local law, ordinance, order, rule
 or regulation suspended  consistent  with  the  disaster  action  deemed
 necessary; and
   f.  when practicable, specialists shall be assigned to assist with the
 related emergency actions to avoid needless  adverse  effects  resulting
 from such suspension.
   3. Such suspensions shall be effective from the time and in the manner
 prescribed  in such orders and shall be published as soon as practicable
 in the state bulletin.
   4. The legislature may terminate by  concurrent  resolution  executive
 orders issued under this section at any time.
   5. A. ANY CHIEF EXECUTIVE OF A COUNTY EXCEPT A COUNTY WHOLLY CONTAINED
 WITHIN  A  CITY, OR THE MAYOR OF ANY CITY WITH MORE THAN A MILLION RESI-
 DENTS, MAY UPON FIFTEEN DAYS NOTICE REQUEST THE  GOVERNOR  TO  TERMINATE
 ANY  DECLARATION  OF A STATE DISASTER EMERGENCY OR ANY RELATED EXECUTIVE
 ORDER AFFECTING SUCH POLITICAL SUBDIVISION.
   B. IF THE GOVERNOR DENIES SUCH REQUEST, THE GOVERNOR SHALL WITHIN SUCH
 FIFTEEN DAY PERIOD PROVIDE TO THE CHIEF EXECUTIVE OFFICER OF THE  COUNTY
 OR  MAYOR  A DETAILED WRITTEN EXPLANATION AND RATIONALE THAT STATES WITH
 PARTICULARITY THE CIRCUMSTANCES, DEMOGRAPHICS, AND  CONDITIONS  OF  SUCH
 COUNTY  OR  CITY THAT JUSTIFIES THE CONTINUANCE OF SUCH AN ORDER RELATED
 TO SUCH POLITICAL SUBDIVISION.  IF THE GOVERNOR FAILS TO RESPOND  WITHIN
 SUCH  FIFTEEN-DAY  PERIOD,  THE STATE DISASTER EMERGENCY AND ALL RELATED
 EXECUTIVE ORDERS SHALL CEASE AND BE OF NO FURTHER  FORCE  OR  EFFECT  AS
 APPLIED TO THE REQUESTING COUNTY OR CITY.
   C.  IF THE GOVERNOR DENIES A REQUEST TO TERMINATE ANY DECLARATION OF A
 STATE DISASTER EMERGENCY OR ANY RELATED EXECUTIVE ORDER, THE CHIEF EXEC-
 UTIVE OFFICER OF THE COUNTY OR THE MAYOR MAY SEEK A JUDICIAL  REVIEW  OF
 THE  GOVERNOR'S  DECISION  PURSUANT TO A SPECIAL PROCEEDING COMMENCED IN
 SUPREME COURT IN THE AFFECTED COUNTY OR CITY.  THE GOVERNOR  SHALL  HAVE
 THE BURDEN TO ESTABLISH, WITH CLEAR AND CONVINCING EVIDENCE, WITHIN FIVE

 A. 10546                            3
 
 DAYS  AFTER SERVICE ON THE GOVERNOR AND ATTORNEY GENERAL OF THE PETITION
 SEEKING JUDICIAL REVIEW,   THE NEED FOR A  CONTINUATION  OF  SUCH  STATE
 DISASTER  EMERGENCY  AND ANY RELATED EXECUTIVE ORDERS FOR SUCH COUNTY OR
 CITY  AND  THAT  SUCH EXECUTIVE ORDERS ARE NARROWLY TAILORED TO MEET THE
 DISASTER EMERGENCY AND COMPLY  WITH  THE  RESTRICTIONS  AND  LIMITATIONS
 CONTAINED  IN  THIS  CHAPTER, INCLUDING, AMONGST OTHER THINGS, INVOLVING
 THE MINIMUM DEVIATION FROM ANY PROVISION THAT WAS SUSPENDED AND AVOIDING
 NEEDLESS ADVERSE EFFECTS.   THE SUPREME COURT SHALL  RENDER  A  DECISION
 WITHIN  FIFTEEN  DAYS AFTER SERVICE ON THE GOVERNOR AND ATTORNEY GENERAL
 OF THE PETITION SEEKING JUDICIAL REVIEW.
   6. EVERY EXECUTIVE ORDER THAT IMPAIRS THE  RIGHT  TO  FREELY  PRACTICE
 RELIGION  OR  WORSHIP,  TO  PEACEABLY  ASSEMBLE, TO FREE SPEECH, TO FREE
 PRESS, OR TO LIBERTY OR PROPERTY; IMPAIRS EQUAL TREATMENT UNDER THE LAW;
 IMPAIRS THE VALIDITY OF AN EXISTING CONTRACT; OR OTHERWISE  IMPAIRS  ANY
 RIGHT  GRANTED  BY  THE NEW YORK STATE CONSTITUTION OR THE UNITED STATES
 CONSTITUTION SHALL, WITHIN THE EXECUTIVE ORDER  ITSELF,  PROVIDE  FOR  A
 PROCESS BY WHICH A PERSON OR ENTITY MAY SEEK REVIEW OF THE APPLICABILITY
 AND CONSTITUTIONALITY THEREOF.  SUCH REVIEW SHALL INCLUDE, AT A MINIMUM,
 THE  RIGHT TO A PROMPT IMPARTIAL ADMINISTRATIVE HEARING AND DECISION AND
 THE RIGHT TO APPEAL THE FINAL  DETERMINATION  OF  SUCH  HEARING  TO  THE
 SUPREME COURT IN THE COUNTY IN WHICH SUCH PERSON OR ENTITY IS LOCATED.
   §  3.  This  act shall take effect on the thirtieth day after it shall
 have become a law.