NY State Senate Bill 2019-S8326

Senate Bill S8326

2019-2020 Legislative Session

Eliminates the power of the governor to issue executive orders for assistance in state disaster emergencies

download bill text pdf

Archive: Last Bill Status - In Senate Committee Veterans, Homeland Security And Military Affairs Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 11, 2020	referred to veterans, homeland security and military affairs

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2019-S8326 (ACTIVE) - Details

See Assembly Version of this Bill:: A10449
Current Committee:: Senate Veterans, Homeland Security And Military Affairs
Law Section:: Executive Law
Laws Affected:: Amd §29-a, Exec L
Versions Introduced in 2021-2022 Legislative Session:: S2246, A4033

2019-S8326 (ACTIVE) - Summary

Eliminates the powers of the governor to issue any directive necessary to respond to a state disaster.

2019-S8326 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8326

SPONSOR: HELMING
 
TITLE OF BILL:

An act to amend the executive law, in relation to eliminating the powers
of the governor to issue any directive necessary to respond to a state
disaster

 
PURPOSE:

The purpose of this bill is to remove the new powers granted earlier
this year to Governor Cuomo under S.7919.

 
SUMMARY OF PROVISIONS:

Section 1 eliminates the power of the governor to issue executive orders
for assistance in state disaster emergencies.

Sections 2 through 4 make conforming changes. Section 5 sets an immedi-
ate effective date.

 
JUSTIFICATION:

Under 5.7919, the Governor of New York was given the power to take
virtually any action he deems necessary when there is a declared emer-
gency. This measure gave him the ability to make changes and enact
legislation without consulting the state legislature, holding hearings,
or providing opportunities for public input. He may declare an emergency
in virtually any circumstance. Since the beginning of the COVID-19
pandemic, in 55 days, the Governor has unilaterally enacted or changed
262 laws.  No Governor should have the ability to make hundreds of
unilateral decisions without input from or votes in the state legisla-
ture. In times of crisis, decisions must often be made quickly, but they
should not be made in a way that undermines the foundation of our democ-
racy and the system of checks and balances. State legislators are
elected by their constituents to represent them, people do not solely
vote for a governor. The State Legislature and Executive were created to
work together for a reason. The State Senate and Assembly cannot abdi-
cate their role in government as legislators and simply leave the diffi-
cult decisions to the Governor.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S8326 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8326
 
                             I N  S E N A T E
 
                               May 11, 2020
                                ___________
 
 Introduced  by  Sen. HELMING -- read twice and ordered printed, and when
   printed to be committed to the Committee on Veterans, Homeland Securi-
   ty and Military Affairs
 
 AN ACT to amend the executive law, in relation to eliminating the powers
   of the governor to issue any directive necessary to respond to a state
   disaster

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 29-a of the executive law, as amended by chapter 23
 of the laws of 2020, is amended to read as follows:
   § 29-a. Suspension  of  other  laws. 1. Subject to the state constitu-
 tion, the federal constitution and federal statutes and regulations, the
 governor may by executive order temporarily suspend 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 or if necessary to assist or aid in coping with such disas-
 ter. [The governor, by executive order, may issue any directive during a
 state  disaster  emergency  declared  in the following instances:  fire,
 flood, earthquake, hurricane, tornado, high water, landslide,  mudslide,
 wind, storm, wave action, volcanic activity, epidemic, disease outbreak,
 air contamination, terrorism, cyber event, blight, drought, infestation,
 explosion,  radiological  accident,  nuclear,  chemical,  biological, or
 bacteriological release, water contamination, bridge failure  or  bridge
 collapse. Any such directive must be necessary to cope with the disaster
 and  may  provide  for  procedures  reasonably necessary to enforce such
 directive.]
   2. Suspensions pursuant to subdivision one of this  section  shall  be
 subject to the following standards and limits[, which shall apply to any
 directive where specifically indicated]:
   a.  no  suspension [or directive] 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 additional periods not to exceed thirty days each;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD16349-01-0

 S. 8326                             2
 
   b. no suspension [or directive] shall be made  which  is  not  in  the
 interest of the health or welfare of the public and which is not reason-
 ably necessary to aid 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  [or directive] shall provide for the
 minimum deviation from the requirements of the statute, local law, ordi-
 nance, order, rule or regulation suspended consistent with the goals  of
 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 [or directives] 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.
   § 2. This act shall take effect immediately; provided,  however,  that
 the  amendments to section 29-a of the executive law made by section one
 of this act shall not affect the expiration of such section and shall be
 deemed to expire therewith.

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