S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7103
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 22, 2021
                                ___________
 
 Introduced  by  M.  of A. RA, TANNOUSIS, BYRNE, TAGUE, SIMPSON, SMULLEN,
   PALMESANO, DiPIETRO, SALKA,  HAWLEY,  ANGELINO,  LEMONDES,  MONTESANO,
   BRABENEC,  B. MILLER,  MORINELLO,  M. MILLER,  DURSO, WALSH, GALLAHAN,
   LAWLER, WALCZYK, MANKTELOW -- read once and referred to the  Committee
   on Governmental Operations

 AN  ACT  to  amend  the executive law, in relation to enacting the "stop
   continuing unnecessary orders and mandates at once act"; and to  amend
   chapter 71 of the laws of 2021, amending the executive law relating to
   the  termination of certain executive powers, in relation to requiring
   the governor to notify the legislature  of  a  proposed  extension  or
   modification of an executive order
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "stop continuing unnecessary orders and mandates at once act".
   §  2. Legislative intent. The legislature seeks to provide legislative
 review and authorization of any executive orders issued by the  governor
 which  would  extend  or  modify  a  directive issued in response to the
 COVID-19 pandemic. To date, nothing has been done to balance the  powers
 of  the  governor and the legislature. In fact, the executive branch has
 been given more power. This act serves as a necessary measure to  ensure
 that  the  power of the executive is checked and that the elected repre-
 sentatives of the people of New York in the legislature are empowered to
 effectively govern in times of crisis. Further, it is the intent of this
 act to allow businesses to operate with proper public health  guidelines
 such  as the wearing of face coverings, social distancing and sanitation
 protocols without further government interference.
   Many  businesses  have  been  deemed  non-essential  or   have   faced
 restrictions  or closures as a result of the governor's executive orders
 and directives contained therein. These executive orders and  directives
 have  been  overreaching  and anti-business. Businesses have had to jump
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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 through hoops to remain open and make ends meet. These executive  orders
 and  directives  have led to establishments putting "Cuomo Chips" on the
 menu so they can stay in business.
   The legislature recognizes that New York's businesses are the backbone
 of  our state economy and the legislature must act boldly to address the
 negative impacts the governor's various executive directives have had on
 the state's economy by reviewing and approving all extension and modifi-
 cations of directives moving forward.
   When reviewing the governor's directives, it  is  the  intent  of  the
 legislature  to  prohibit the governor from extending or modifying arbi-
 trary directives that serve no legitimate purpose and have caused  irre-
 parable  harm  to  the  New  York state economy and the lives of all New
 Yorkers, including but not limited to, directives that:
   (1) place a curfew or limitation on businesses requiring them to cease
 all on premises service and consumption of food and beverages or  other-
 wise  cease  sales and require closure at a set time whether licensed by
 the state liquor authority or otherwise;
   (2) require a business licensed by the state liquor authority to serve
 alcoholic beverages for on premises  consumption  or  for  off  premises
 consumption  only  if the service of such alcoholic beverage is accompa-
 nied by the purchase of a food item by each  individual  that  is  being
 served an alcoholic beverage;
   (3) require the closing of a business or house of worship;
   (4)  place restrictions on operations or capacity limitations on busi-
 nesses, including, but not limited  to,  restaurants,  bars,  event  and
 catering  halls,  billiard/dart  halls,  bowling  alleys, liquor stores,
 gyms, amusement parks, horse racing and auto racing  tracks,  and  movie
 theaters, provided however, that enforcement of public health guidelines
 such as the wearing of face coverings and sanitation shall be permitted;
 and
   (5)  place  limits  on  gatherings  at private residences or houses of
 worship, provided however, that enforcement of public health  guidelines
 such as the wearing of face coverings and sanitation shall be permitted.
   §  3.  Subdivision 4 of section 29-a of the executive law, as added by
 chapter 640 of the laws of 1978, is amended to read as follows:
   4. The legislature may terminate OR MODIFY  by  concurrent  resolution
 executive orders issued under this section at any time.
   §  4.  Subdivision  2  of section 2 of chapter 71 of the laws of 2021,
 amending the executive law relating to the termination of certain execu-
 tive powers, is amended to read as follows:
   2. Any directive previously issued pursuant to chapter 23 of the  laws
 of  2020  in  effect  at the time of the repeal of such chapter shall be
 permitted to continue for 30 days from the effective date of this  chap-
 ter  notwithstanding  the  repeal  of chapter 23 of the laws of 2020 and
 following the expiration of  such  30  day  period,  any  extensions  or
 modifications  of  such  directives  shall  be  subject to the following
 provisions:
   a. The governor [may] SHALL APPLY TO THE STATE LEGISLATURE FOR AUTHOR-
 IZATION TO extend or modify any directive, by executive order, that  has
 been  issued and remains in effect on the effective date of this act for
 additional 30 day increments in a manner provided for in  this  section,
 provided  that the purpose of extending or modifying the directive is to
 issue a public health directive related to managing the COVID-19 pandem-
 ic.
   [b. No later than 5 days prior to the  extension  or  modification  of
 such  a  directive,  the  governor shall notify including via electronic

 A. 7103                             3

 means the relevant committee chairs in the assembly and senate  and  the
 speaker  of the assembly and temporary president of the senate of his or
 her intent to extend or modify any directive, and shall  include  there-
 with  the  certification  required  by subdivision 1 of this section, to
 describe the need for extension or modification of  such  directive  and
 the threat to the public health or safety that requires the extension or
 modification.  If the governor certifies that the extension or modifica-
 tion of such a directive is necessary to  address  any  exigent  circum-
 stances  that  address an imminent threat to public health or safety, he
 or she shall provide such certification required by the commissioner  of
 health as provided in subdivision 1 of this section as soon as possible,
 but  in any event, prior to the issuance of an extension or modification
 of such a directive.   The governor  shall  provide  an  opportunity  to
 comment  on  any  such directive by the relevant committee chairs, which
 comments may be received after the issuance of the directive  and  shall
 not affect the validity thereof.
   c.  No  later  than 5 days prior to the extension or modification of a
 directive only explicitly affecting specific municipalities, the  gover-
 nor  shall  notify including via electronic means the relevant executive
 leaders of such municipalities and such municipal legislature of his  or
 her  intent  to  extend  or modify any such directive, and shall include
 therewith the certification required by subdivision 1 of this section to
 describe the need for extension or modification of  such  directive  and
 the  specific  threat  to  the public health or safety that requires the
 extension or modification.  If the governor certifies that the extension
 or modification of such a directive is necessary to address any  exigent
 circumstances  that  address  an imminent threat to the public health or
 safety, he or she shall  provide  such  certification  required  by  the
 commissioner  of health as provided in subdivision 1 of this section, as
 soon as possible but in any event, prior to the issuance of an extension
 or modification of such a  directive.  The  governor  shall  provide  an
 opportunity  to  comment on any such directive by such executive leaders
 and legislatures, which comments may be received after the  issuance  of
 the directive and shall not affect the validity thereof.]
   B.  NO LATER THAN FIVE DAYS PRIOR TO ANY PROPOSED EXTENSION OR MODIFI-
 CATION OF SUCH A DIRECTIVE, THE GOVERNOR  SHALL  NOTIFY,  INCLUDING  VIA
 ELECTRONIC  MEANS,  EACH MEMBER OF THE LEGISLATURE OF HIS OR HER REQUEST
 FOR AUTHORIZATION TO EXTEND OR MODIFY A DIRECTIVE. A REQUEST MADE BY THE
 GOVERNOR PURSUANT TO THIS ACT SHALL BE MADE FOR EACH DIRECTIVE  INDIVID-
 UALLY,  AND  SHALL  INCLUDE  WITH  EACH  REQUEST  TO THE LEGISLATURE THE
 CERTIFICATION REQUIRED BY SUBDIVISION 1 OF THIS SECTION TO DESCRIBE  THE
 NEED  FOR  SUCH  EXTENSION  OR  MODIFICATION.  NOTICE  OF THE GOVERNOR'S
 REQUEST TO EXTEND OR MODIFY ANY DIRECTIVE SHALL BE IMMEDIATELY POSTED ON
 THE GOVERNOR'S WEBSITE; AND IN THE EVENT A DIRECTIVE THAT  THE  GOVERNOR
 IS REQUESTING TO EXTEND OR MODIFY EXPLICITLY AFFECTS A MUNICIPALITY, THE
 GOVERNOR  SHALL  ALSO  NOTIFY, INCLUDING VIA ELECTRONIC MEANS, THE CHIEF
 EXECUTIVE OFFICER OF SUCH MUNICIPALITY OF HIS OR HER REQUEST.
   (I) UPON RECEIVING A REQUEST FROM THE GOVERNOR AS TO HIS OR HER DESIRE
 TO EXTEND OR MODIFY ANY DIRECTIVE,  THE  SPEAKER  OF  THE  ASSEMBLY  AND
 TEMPORARY  PRESIDENT OF THE SENATE SHALL CALL THEIR RESPECTIVE HOUSES OF
 THE LEGISLATURE INTO SESSION TO  CONSIDER  THE  GOVERNOR'S  REQUEST.  NO
 LATER  THAN  FIVE DAYS FOLLOWING RECEIPT OF A REQUEST BY THE GOVERNOR TO
 EXTEND OR MODIFY A DIRECTIVE, THE LEGISLATURE, UPON A MAJORITY  VOTE  OF
 THE  MEMBERS  IN  EACH  HOUSE,  MAY APPROVE SUCH A REQUEST BY CONCURRENT
 RESOLUTION. IF THE LEGISLATURE FAILS TO RETURN TO  SESSION  TO  CONSIDER
 THE  GOVERNOR'S  REQUEST  TO  EXTEND OR MODIFY ANY DIRECTIVE WITHIN FIVE

 A. 7103                             4
 
 DAYS OF RECEIVING A REQUEST FROM THE GOVERNOR,  SUCH  REQUEST  SHALL  BE
 DEEMED  APPROVED NOTWITHSTANDING THE FAILURE OF THE LEGISLATURE TO ADOPT
 A CONCURRENT RESOLUTION AND  SUCH  DIRECTIVE  SHALL  BE  ALLOWED  TO  BE
 EXTENDED OR MODIFIED AS REQUESTED.
   (II) IF THE GOVERNOR CERTIFIES THAT THE EXTENSION OR MODIFICATION OF A
 DIRECTIVE IS NECESSARY TO ADDRESS AN EXIGENT CIRCUMSTANCE RELATING TO AN
 IMMINENT THREAT TO PUBLIC HEALTH OR SAFETY, A DIRECTIVE SHALL BE PERMIT-
 TED TO BE EXTENDED OR MODIFIED IMMEDIATELY WITHOUT PRIOR APPROVAL OF THE
 LEGISLATURE.   CERTIFICATION  OF  EXIGENT  CIRCUMSTANCES  SHALL  REQUIRE
 NOTIFICATION OF SUCH A THREAT AND JUSTIFICATION THEREOF BEING POSTED  ON
 THE  GOVERNOR'S WEBSITE. IMMEDIATELY FOLLOWING POSTING OF SUCH NOTIFICA-
 TION ON HIS OR HER WEBSITE AS TO THE EXIGENT NEED TO EXTEND OR MODIFY AN
 EXECUTIVE ORDER, THE GOVERNOR SHALL MAKE A FORMAL REQUEST TO THE  LEGIS-
 LATURE  AS  PROVIDED  IN  SUBPARAGRAPH (I) OF THIS PARAGRAPH B. NO LATER
 THAN FIVE DAYS FOLLOWING RECEIPT OF A REQUEST BY THE GOVERNOR TO  EXTEND
 OR  MODIFY  A DIRECTIVE UNDER THIS SUBPARAGRAPH, THE LEGISLATURE, UPON A
 MAJORITY VOTE OF THE MEMBERS IN EACH HOUSE, MAY APPROVE SUCH  A  REQUEST
 BY  CONCURRENT RESOLUTION. IF THE LEGISLATURE FAILS TO RETURN TO SESSION
 TO CONSIDER THE GOVERNOR'S REQUEST TO EXTEND  OR  MODIFY  ANY  DIRECTIVE
 WITHIN  5  DAYS  OF  RECEIVING A REQUEST FROM THE GOVERNOR, SUCH REQUEST
 SHALL BE DEEMED APPROVED NOTWITHSTANDING THE FAILURE OF THE  LEGISLATURE
 TO  ADOPT A CONCURRENT RESOLUTION AND SUCH DIRECTIVE SHALL BE ALLOWED TO
 BE EXTENDED OR MODIFIED AS REQUESTED.
   C. THE GOVERNOR SHALL PROVIDE AN OPPORTUNITY TO COMMENT ON ANY  DIREC-
 TIVE HE OR SHE SEEKS TO EXTEND OR MODIFY. COMMENTS SHALL BE ACCEPTED VIA
 ELECTRONIC MEANS.
   d. No directive shall be modified pursuant to this section unless such
 modification is solely for the purpose of altering the numeric amount or
 percentage  of individuals, businesses, vaccination locations or provid-
 ers or administrators, or other entities impacted  by  a  directive,  or
 placing   additional  restrictions  or  reducing  existing  restrictions
 related to  testing,  quarantine,  social  distancing,  air  quality  or
 filtration,  or  mask requirements, for any entity located in the state,
 including but not limited to modification of  individuals  eligible  for
 vaccination or modification of limits on the seating capacity of a busi-
 ness to operate during a state of emergency.
   e.  No directive shall be extended or modified to the extent that such
 directive prohibits the adoption by any municipality  of  this  state  a
 local  executive  order within such municipality's existing power except
 where such an order conflicts with any executive  order  issued  by  the
 state.
   f.  No directive may be extended or modified more than once unless the
 governor  has  responded,  including  electronically,  to  any  comments
 provided  by [the chairs of any relevant committee or relevant municipal
 entities pursuant to this section which have been received within 5 days
 of the time required for such notice pursuant to  paragraph  b  of  this
 subdivision,  and which may be attested to in the notice by the governor
 to the relevant chairs and the leaders as provided  in  paragraph  b  of
 this  subdivision,  which shall be deemed sufficient for purposes of the
 effectiveness of such directive] ANY MEMBER OF THE LEGISLATURE OR  CHIEF
 EXECUTIVE  OF  A  MUNICIPALITY  THAT  RECEIVED  NOTICE  PURSUANT TO THIS
 SECTION. COMMENTS OF STATE LEGISLATORS AND  MUNICIPAL  CHIEF  EXECUTIVES
 SHALL  BE POSTED ON THE GOVERNOR'S WEBSITE ALONG WITH RESPONSES THERETO.
 CERTIFICATION THAT RESPONSES HAVE BEEN MADE AND POSTED ONLINE  SHALL  BE
 INCLUDED  ALONG  WITH ANY REQUEST BY THE GOVERNOR TO THE LEGISLATURE FOR

 A. 7103                             5
 
 AUTHORIZATIONS  FOR  ADDITIONAL  EXTENSIONS  OR   MODIFICATIONS   OF   A
 DIRECTIVE.
   g. The legislature may terminate by  concurrent  resolution  executive
 orders issued under this section at any time.
   h.  [Directives]  NO EXTENSION OR MODIFICATION OF A DIRECTIVE shall be
 effective [from the time and  in  the  manner prescribed in such  orders
 and]  UNTIL  APPROVED  BY  THE  LEGISLATURE  PURSUANT  TO  THIS SECTION;
 PROVIDED, HOWEVER, THAT ANY EXIGENT EXTENSION OR  MODIFICATION  THAT  IS
 APPROVED BY THE LEGISLATURE PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH B
 OF  THIS  SUBDIVISION  SHALL  BE  DEEMED TO HAVE BEEN EFFECTIVE UPON THE
 GOVERNOR PROVIDING NOTICE ON  HIS  OR  HER  WEBSITE  OF  SUCH  NECESSARY
 EXIGENT  ACTION. ALL DIRECTIVES shall be published as soon  as practica-
 ble in the state bulletin and as provided in this section AND THIS ACT.
   § 5. This act shall take effect immediately and  shall  apply  to  any
 proposed  extension  or  modification  of  a  directive requested by the
 governor on or after the effective date of this act; provided,  however,
 that  the amendments to section 2 of chapter 71 of the laws of 2021 made
 by section four of this act shall not affect the repeal of such  section
 and shall be deemed repealed therewith.