NY State Senate Bill 2019-S8387

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 21, 2020	referred to veterans, homeland security and military affairs

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2019-S8387 (ACTIVE) - Details

See Assembly Version of this Bill:: A10502
Current Committee:: Senate Veterans, Homeland Security And Military Affairs
Law Section:: Executive Law
Laws Affected:: Amd §§28 & 29-a, add §§28-b & 29-l, Exec L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S3878, A1172
2023-2024: S1602

2019-S8387 (ACTIVE) - Summary

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.

2019-S8387 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8387

SPONSOR: GRIFFO
 
TITLE OF BILL:

An act to amend the executive law, in relation to the length of time of
a state disaster emergency declaration, requiring the governor to trans-
mit a weekly report to the legislature during a state disaster emergen-
cy, and the communication between the governor and parties affected by a
suspension of laws during a state disaster emergency

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 provides that the governor, through executive order, may
establish a state declaration of disaster emergency for no more than 30
days.

Section 2 adds a new section 28-b to the executive law establishing a
term of disaster emergency declaration. This period shall be for no more
than 30 days. If the governor deems it necessary to extend the declara-
tion, he or she must seek the approval of the Senate and Assembly. Any
such approval would be for no more than an additional 30 days. The

governor may seek an extension as many times as is deemed necessary.
This section also includes a provision for how the governor may proceed
in the event that the Legislature cannot convene.

Sections 3 and 4 prescribe that the governor may only suspend laws for a
maximum of 30 days, but that he or she may seek the approval of the
Assembly and Senate to extend such suspensions for another 30 days.

Section 5 requires that the governor provide a weekly report to each
member of the Legislature, detailing the suspension of all laws, all
executive actions, all executive decisions, and all communications of
the governor, his agencies and affected parties in relation to the state
disaster emergency declaration. It is mandated that this weekly report
be transmitted both electronically and by mail or courier to each indi-
vidual member of the Senate and Assembly.

Section 6 marks the effective date.

 
JUSTIFICATION:

Throughout the COVID-19 pandemic, the governor has suspended more than
250 laws. While the New York State Constitution grants the executive
this authority under a statutorily enacted state disaster emergency
declaration, the frequent and sweeping nature with which certain
provisions of law have been suspended or extended is alarming, especial-
ly considering that the state constitution also establishes that the
power to create laws rests with the Legislature.

This bill ensures the Legislature's rightful role as a co-equal branch
of government during a state disaster emergency declaration by making
the governor's actions subject to review every 30 days. This does not
prevent the governor from doing what they feel is necessary to keep the
people of New York safe, but it does prevent them from circumventing the
Legislature in certain instances, as well as allows the people of the
state of New York, through their legislative representatives, to have
more of a say in how the state reconciles with a disaster affecting the
state.
 
PRIOR LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, that the
amendments to subdivision 2 of section 29-a of the executive law made by
section three of this act shall be subject to the expiration and rever-
sion of such section pursuant to section 4 of chapter 23 of the laws of
2020, as amended, when upon such date the provisions of section four of
this act shall take effect.

2019-S8387 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8387
 
                             I N  S E N A T E
 
                               May 21, 2020
                                ___________
 
 Introduced  by Sens. GRIFFO, GALLIVAN -- read twice and ordered printed,
   and when printed to be committed to the Committee on  Veterans,  Home-
   land Security and Military Affairs
 
 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:
 
   Section 1.  Subdivision 3 of section 28 of the executive law, as added
 by chapter 640 of the laws of 1978 and as renumbered by chapter  708  of
 the laws of 1981, is amended to read as follows:
   3.  The  executive  order shall include a description of the disaster,
 and the affected area. Such order or orders shall remain in effect for a
 period not to exceed [six months] THIRTY DAYS or until rescinded by  the
 governor,  whichever occurs first, EXCEPT IN ACCORDANCE WITH SUBDIVISION
 THREE OF SECTION TWENTY-EIGHT-B  OF  THIS  ARTICLE.  The  governor  [may
 issue]  SHALL  REQUEST  additional  orders  to extend the state disaster
 emergency for additional periods not to exceed [six months] THIRTY DAYS.
   § 2. The executive law is amended by adding a new section 28-b to read
 as follows:
   § 28-B. TERM OF STATE DISASTER EMERGENCY DECLARATION.   1. THE  PERIOD
 FOR  WHICH  A  DECLARATION  OF A STATE DISASTER EMERGENCY, AS DEFINED IN
 PARAGRAPH B OF SUBDIVISION TWO OF SECTION TWENTY OF THIS ARTICLE,  SHALL
 BE  FOR  NO  MORE  THAN  THIRTY CALENDAR DAYS, EXCEPT IN ACCORDANCE WITH
 SUBDIVISION THREE OF THIS SECTION. AFTER THE THIRTY DAY PERIOD,  IF  THE
 GOVERNOR  SHALL DEEM IT NECESSARY TO CONTINUE THE DECLARATION, HE OR SHE
 SHALL SEEK THE APPROVAL OF THE SENATE AND THE ASSEMBLY TO CONTINUE  SUCH
 DECLARATION  FOR  AN  ADDITIONAL  THIRTY DAYS. THE GOVERNOR MAY SEEK THE
 APPROVAL OF THE SENATE AND THE ASSEMBLY AS MANY TIMES AS IS NECESSARY TO
 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.
                                                            LBD16207-04-0

 S. 8387                             2
 
   2. THE GOVERNOR SHALL NOT ISSUE A STATE DISASTER EMERGENCY DECLARATION
 FOR MORE THAN THIRTY DAYS, EXCEPT IN ACCORDANCE WITH  SUBDIVISION  THREE
 OF THIS SECTION.
   3.  IN THE EVENT THAT THE GOVERNOR REQUESTS THE APPROVAL OF THE SENATE
 AND THE ASSEMBLY  TO CONTINUE A DECLARATION OF A STATE DISASTER EMERGEN-
 CY PURSUANT TO SUBDIVISION ONE OF THIS SECTION, AND THE  LEGISLATURE  IS
 NOT  IN  SESSION, THEN THE GOVERNOR SHALL CALL UPON THE TEMPORARY PRESI-
 DENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY TO CONVENE A  SPECIAL
 SESSION FOR THE PURPOSE OF CONSIDERING LEGISLATIVE AUTHORIZATION FOR THE
 GOVERNOR  TO  EXTEND  THE  DISASTER DECLARATION FOR AN ADDITIONAL THIRTY
 DAYS. IN THE EVENT THAT THE TEMPORARY PRESIDENT OF THE  SENATE  AND  THE
 SPEAKER  OF  THE  ASSEMBLY INFORM THE GOVERNOR THAT A QUORUM OF BOTH THE
 SENATE AND THE ASSEMBLY CANNOT BE MET, OR IN THE EVENT THAT  THE  TEMPO-
 RARY  PRESIDENT OF THE SENATE AND/OR THE SPEAKER OF THE ASSEMBLY, DUE TO
 DEATH OR DISABILITY, ARE UNABLE TO RESPOND  TO  SUCH  REQUEST  FROM  THE
 GOVERNOR,  THEN  THE  GOVERNOR  SHALL HAVE THE AUTHORITY TO CONTINUE THE
 DECLARATION UNTIL SUCH TIME AS THE SENATE AND ASSEMBLY CAN CONVENE.
   § 3. Subdivision 2 of section 29-a of the executive law, as amended by
 chapter 23 of the laws of 2020, is amended to read as follows:
   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, BY AND WITH THE APPROVAL OF THE SENATE
 AND THE ASSEMBLY IN ACCORDANCE WITH THE PROVISIONS OF  SUBDIVISIONS  ONE
 AND  THREE  OF  SECTION TWENTY-EIGHT-B OF THIS ARTICLE, the governor may
 extend the suspension for additional periods not to exceed  thirty  days
 each;
   b. no suspension or directive shall be made which is not in the inter-
 est  of  the health or welfare of the public and which is not reasonably
 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  mini-
 mum  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[.]; AND
   G. THE ORDER MAY ONLY BE ISSUED AFTER THE GOVERNOR HAS SOLICITED INPUT
 FROM  AND COMMUNICATED SUCH ACTION TO THE PARTIES TO BE AFFECTED BY SUCH
 SUSPENSION, INCLUDING BUT NOT LIMITED TO LOCAL GOVERNMENTS, INDIVIDUALS,
 BUSINESSES, ASSOCIATIONS AND OTHERS WHO ARE GOVERNED  BY  THE  SUSPENDED
 LAW.
   § 4. Subdivision 2 of section 29-a of the executive law, as amended by
 chapter 640 of the laws of 1978, is amended to read as follows:
   2.  Suspensions  pursuant  to subdivision one of this section shall be
 subject to the following standards and limits:

 S. 8387                             3
 
   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
 additional periods not to exceed thirty days each IN ACCORDANCE WITH THE
 PROVISIONS  OF  SUBDIVISIONS  ONE AND THREE OF SECTION TWENTY-EIGHT-B OF
 THIS ARTICLE;
   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[.]; AND
   G. THE ORDER MAY ONLY BE ISSUED AFTER THE GOVERNOR HAS SOLICITED INPUT
 FROM AND COMMUNICATED SUCH ACTION TO THE PARTIES TO BE AFFECTED BY  SUCH
 SUSPENSION, INCLUDING BUT NOT LIMITED TO LOCAL GOVERNMENTS, INDIVIDUALS,
 BUSINESSES,  ASSOCIATIONS  AND  OTHERS WHO ARE GOVERNED BY THE SUSPENDED
 LAW.
   § 5. The executive law is amended by adding a new section 29-l to read
 as follows:
   § 29-L. WEEKLY REPORT OF GOVERNOR TO  THE  LEGISLATURE.  THE  GOVERNOR
 SHALL  TRANSMIT A WEEKLY REPORT ON ALL SUSPENSION OF LAWS, ALL EXECUTIVE
 ACTIONS, ALL EXECUTIVE DECISIONS, AND ALL COMMUNICATIONS OF  THE  GOVER-
 NOR, HIS AGENCIES AND AFFECTED PARTIES IN RELATION TO THE STATE DISASTER
 EMERGENCY  DECLARATION,  ON  A  WEEKLY BASIS. SUCH REPORT, INCLUDING ALL
 INFORMATION INCLUDED IN SUCH REPORT, SHALL BE TRANSMITTED BOTH ELECTRON-
 ICALLY AND BY MAIL OR COURIER TO EACH INDIVIDUAL MEMBER  OF  THE  SENATE
 AND ASSEMBLY WEEKLY.
   §  6.  This act shall take effect immediately; provided, however, that
 the amendments to subdivision 2 of section 29-a  of  the  executive  law
 made by section three of this act shall be subject to the expiration and
 reversion  of  such  section  pursuant to section 4 of chapter 23 of the
 laws of 2020, as amended, when upon such date the provisions of  section
 four of this act shall take effect.

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Senate Bill S8387

Sponsored By

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

co-Sponsors

2019-S8387 (ACTIVE) - Details

2019-S8387 (ACTIVE) - Summary

2019-S8387 (ACTIVE) - Sponsor Memo

2019-S8387 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8387

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Sponsored By

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

co-Sponsors

2019-S8387 (ACTIVE) - Details

2019-S8387 (ACTIVE) - Summary

2019-S8387 (ACTIVE) - Sponsor Memo

2019-S8387 (ACTIVE) - Bill Text download pdf

Comments