Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 05, 2022 |
referred to veterans, homeland security and military affairs |
Mar 03, 2021 |
print number 1749a |
Mar 03, 2021 |
amend (t) and recommit to veterans, homeland security and military affairs |
Jan 14, 2021 |
referred to veterans, homeland security and military affairs |
Senate Bill S1749A
2021-2022 Legislative Session
Sponsored By
(R, C) 57th Senate District
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
Actions
Bill Amendments
2021-S1749 - Details
- See Assembly Version of this Bill:
- A4907
- Current Committee:
- Senate Veterans, Homeland Security And Military Affairs
- Law Section:
- Executive Law
- Laws Affected:
- Rpld §2, Chap 23 of 2020; amd §29-a, Exec L
- Versions Introduced in Other Legislative Sessions:
-
2019-2020:
S8466, A10546
2023-2024: S1117, A1953
2021-S1749 - Summary
Restores the legislative checks and balances to any emergency declaration that exceeds forty-five days and ensures judicial due process rights for any action that impairs fundamental constitutional rights by limiting the powers of the governor to suspend laws during a state disaster emergency and requiring a specification and explanation of which municipalities are effected by such suspension of laws.
2021-S1749 - Sponsor Memo
BILL NUMBER: S1749 SPONSOR: BORRELLO TITLE OF BILL: An act to amend the executive law, in relation to restoring the legisla- tive 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; and 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 PURPOSE OR GENERAL IDEA OF BILL: This bill requires every emergency declaration to be based on a county- by-county analysis, restricts state emergency declarations to 45 days unless an extension is approved by the State Legislature, allows County Executives or the Mayor of New York City to request termination of a state of emergency related to their jurisdiction, and requires due proc- ess protections for any actions that impair fundamental constitutional rights.
2021-S1749 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1749 2021-2022 Regular Sessions I N S E N A T E January 14, 2021 ___________ Introduced by Sen. BORRELLO -- 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 restoring the legisla- tive 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; and 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 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. LBD04723-01-1
2021-S1749A (ACTIVE) - Details
- See Assembly Version of this Bill:
- A4907
- Current Committee:
- Senate Veterans, Homeland Security And Military Affairs
- Law Section:
- Executive Law
- Laws Affected:
- Rpld §2, Chap 23 of 2020; amd §29-a, Exec L
- Versions Introduced in Other Legislative Sessions:
-
2019-2020:
S8466, A10546
2023-2024: S1117, A1953
2021-S1749A (ACTIVE) - Summary
Restores the legislative checks and balances to any emergency declaration that exceeds forty-five days and ensures judicial due process rights for any action that impairs fundamental constitutional rights by limiting the powers of the governor to suspend laws during a state disaster emergency and requiring a specification and explanation of which municipalities are effected by such suspension of laws.
2021-S1749A (ACTIVE) - Sponsor Memo
BILL NUMBER: S1749A SPONSOR: BORRELLO TITLE OF BILL: 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 funda- mental constitutional rights PURPOSE OR GENERAL IDEA OF BILL: This bill requires every emergency declaration to be based on a county- by-county analysis, restricts state emergency declarations to 45 days unless an extension is approved by the State Legislature, allows County Executives or the Mayor of New York City to request termination of a state of emergency related to their jurisdiction, and requires due proc- ess protections for any actions that impair fundamental constitutional rights.
2021-S1749A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1749--A 2021-2022 Regular Sessions I N S E N A T E January 14, 2021 ___________ Introduced by Sen. BORRELLO -- read twice and ordered printed, and when printed to be committed to the Committee on Veterans, Homeland Securi- ty and Military Affairs -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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.
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