S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5357
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               March 2, 2021
                                ___________
 
 Introduced  by  Sen.  STEWART-COUSINS -- read twice and ordered printed,
   and when printed to be committed to the Committee on Rules
 
 AN ACT to amend the executive law, in relation  to  the  termination  of
   certain  executive  powers;  to  amend  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, in
   relation to the effectiveness thereof; and providing for the repeal of
   certain provisions upon expiration thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Legislative  intent.  Chapter  23 of the laws of 2020 was
 adopted during uncertain times, during the  beginning  of  the  national
 awareness  of  the  COVID-19  virus and its first detection in New York.
 Responding to the virus was declared a public health emergency by the US
 Centers for Disease Control and there was the threat of widespread tran-
 smission in the United States.  At the time it was not  known  that  New
 York  State would become one of the epicenters of the pandemic, how long
 the pandemic would last, or the toll that it would take on the people of
 the state. In the face of uncertain and unprecedented times, the  legis-
 lature enacted chapter twenty-three in order to take action to combat an
 unknown and unprecedented problem, and in case the governor needed addi-
 tional  powers  to  deal with the quickly evolving situation.   Much has
 been learned about the COVID-19 virus in the last year.  The legislature
 finds that there has been progress in the fight against the  virus  with
 the  approval  and  distribution  of multiple vaccines in recent months.
 With increased knowledge including the means of transmission, prevention
 and treatment of the COVID-19 outbreak and additional time  to  reflect,
 the  legislature  finds  and  declares  that  the governor is adequately
 equipped with his previously existing  emergency  powers  and  with  the
 authorization  to continue existing directive extension and modification
 powers to deal with the situation.  The legislature  therefore  declares
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10245-06-1

 S. 5357                             2
 
 that  it  is  time  to  restore the pre-pandemic balance of power of the
 governor and legislature, and to  continue  to  move  forward  with  the
 response  and  recovery while maintaining the authority of public-health
 focused  directives  taken by the Governor, with reasonable limitations,
 during the possibly waning days of the pandemic.
   § 2. 1. As used in this section, "public health directive  related  to
 managing the COVID-19 pandemic", means a directive certified in the sole
 discretion  of  the  commissioner of health to address the spread and/or
 reduction of the COVID-19  virus,  facilitate  vaccine  distribution  or
 administration,  or  require  the  use of face coverings.   Such certif-
 ication shall include a detailed explanation of how such directive  will
 address  the  spread  and/or reduction of the COVID-19 virus, facilitate
 vaccine distribution or administration,  or  require  the  use  of  face
 coverings  and  shall also be contained within the notice required to be
 made by the governor pursuant to paragraphs a and b of subdivision 2  of
 this section.
   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  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 pandemic.
   b. No later than 5 days prior to the extension or modification of such
 a  directive,  the  governor shall notify including via electronic 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 therewith
 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 modifica-
 tion. 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 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

 S. 5357                             3
 
 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.
   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.
   g. The legislature may terminate by  concurrent  resolution  executive
 orders issued under this section at any time.
   h. 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 and as provided in this section.
   §  3.  (a)  Within  15  days of the effective date of this section all
 current suspensions and  directives  authorized  pursuant  to  executive
 orders  202  and 205 of 2020 and this act shall be posted on the website
 for the office of  the  governor  in  a  searchable  format,  and  shall
 include, but not be limited to:
   (i) the disaster emergency that such suspension and directives pertain
 to;
   (ii) the subject category or area affected;
   (iii) a summary of the provisions suspended or modified;
   (iv) the order's expiration date;
   (v) the entity responsible for enforcing such provisions; and
   (vi)  in  the case of a directive extended or modified pursuant to the
 provisions of this act, the need for extension or modification  of  such
 directive  and  the  threat to the public health or safety that requires
 the extension or modification.
   (b) Such website shall be updated upon the issuance of  every  suspen-
 sion or directive pursuant to this act.

 S. 5357                             4
 
   (c)  Every  thirty  days,  such  website  shall  also  be updated with
 responses to written comments  or  information  requests  from  relevant
 committee  chairs  or municipal government entities received pursuant to
 the provisions of this act.
   §  4.  Section 4 of chapter 23 of the laws of 2020 amending the execu-
 tive law relating to issuing by the governor of any directive  necessary
 to respond to a state disaster emergency, is amended to read as follows:
   §  4.  This  act  shall take effect immediately and [sections one and]
 SECTION two of this act shall expire and be deemed repealed  [April  30,
 2021]  IMMEDIATELY,  PROVIDED  HOWEVER, ANY DIRECTIVE ISSUED PURSUANT TO
 THIS CHAPTER IN EFFECT AT THE TIME OF SUCH REPEAL SHALL BE PERMITTED  TO
 CONTINUE  FOR  30  DAYS  FROM  THE  DATE  OF SUCH REPEAL, UNLESS FURTHER
 EXTENDED AS PROVIDED IN SECTION 2 OF THE CHAPTER OF  THE  LAWS  OF  2021
 AMENDING THE EXECUTIVE LAW RELATING TO THE TERMINATION OF CERTAIN EXECU-
 TIVE POWERS; TO AMEND CHAPTER 23 OF THE LAWS OF 2020 AMENDING THE EXECU-
 TIVE  LAW RELATING TO ISSUING BY THE GOVERNOR OF ANY DIRECTIVE NECESSARY
 TO RESPOND TO A STATE DISASTER EMERGENCY, IN RELATION TO THE  EFFECTIVE-
 NESS  THEREOF;  AND  PROVIDING FOR THE REPEAL OF CERTAIN PROVISIONS UPON
 EXPIRATION THEREOF.  NOTHING CONTAINED  HEREIN  SHALL  BE  CONSTRUED  TO
 DIMINISH  OR  REPEAL  ANY  STATUTORY OR REGULATORY AUTHORITY TO EXERCISE
 EMERGENCY POWERS THAT EXISTED PRIOR TO THE ENACTMENT OF THIS ACT.
   § 5. Section 28 of the executive law is amended by adding a new subdi-
 vision 5 to read as follows:
   5. THE LEGISLATURE MAY TERMINATE AT ANY TIME A STATE DISASTER EMERGEN-
 CY ISSUED UNDER THIS SECTION BY CONCURRENT RESOLUTION.
   § 6. Severability. If any provision of this act,  or  the  application
 thereof  to  any person or circumstances, is held invalid or unconstitu-
 tional, that invalidity or unconstitutionality shall  not  affect  other
 provisions  or applications of this act that can be given effect without
 the invalid or unconstitutional provision or application,  and  to  this
 end the provisions of this act are severable.
   §  7.  This  act shall take effect immediately, provided that, section
 two of this act shall expire and be deemed repealed upon the termination
 of the state of emergency declared pursuant to executive  order  202  of
 2020.