NY State Senate Bill 2021-S5880

Senate Bill S5880

2021-2022 Legislative Session

Relates to the suspension of laws during a declared state of emergency; and permits restaurants to remain open until midnight

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
Jan 05, 2022	referred to veterans, homeland security and military affairs
Mar 19, 2021	referred to veterans, homeland security and military affairs

co-Sponsors

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2021-S5880 (ACTIVE) - Details

See Assembly Version of this Bill:: A5409
Current Committee:: Senate Veterans, Homeland Security And Military Affairs
Law Section:: Executive Law
Laws Affected:: Amd §29-a, Exec L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S4370
2019-2020: S2800
2023-2024: S587

2021-S5880 (ACTIVE) - Summary

Permits the legislature to modify provisions or directives contained within executive orders through legislative action other than concurrent resolution; permits restaurants to remain open until midnight notwithstanding executive order 202 of 2020.

2021-S5880 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5880

SPONSOR: BOYLE
 
TITLE OF BILL:

An act to amend the executive law, in relation to the suspension of laws
during a declared state of emergency; and permitting restaurants to
remain open until midnight

 
PURPOSE OF BILL:

This legislation authorizes the legislature to modify or amend any exec-
utive order by concurrent resolution or other legislative action, and
amends Executive Order 202 to permit restaurants to remain open until
midnight.

 
SUMMARY OF PROVISIONS:

Section 1. Subdivision 4 of section 29-a of the executive law, as
amended by chapter 23 of the laws of 2020, is amended to read as
follows: 4. The legislature may terminate by concurrent resolution or by

other legislative action any executive Eorders1 order, or may modify or
amend by concurrent resolution or by other legislative action any
specific provision or directive contained within any executive order
issued under this section at any time.

§ 2. 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 by concurrent resolution or by other legisla-
tive action any executive  
ORDERS) ORDER, OR MAY MODIFY OR AMEND BY
CONCURRENT RESOLUTION OR BY OTHER LEGISLATIVE ACTION ANY SPECIFIC
PROVISION OR DIRECTIVE CONTAINED WITHIN ANY EXECUTIVE ORDER ISSUED UNDER
THIS SECTION AT ANY TIME.

§ 3. NOTWITHSTANDING ANY PROVISION OR DIRECTIVE CONTAINED IN EXECUTIVE
ORDER NUMBER 202 OF 2020 OR ANY FURTHER AMENDMENTS, MODIFICATIONS OR
EXTENSIONS PURSUANT TO SECTION 28 OF THE EXECUTIVE LAW, ANY RESTAURANT
SHALL BE PERMITTED TO REMAIN OPEN FOR IN-PERSON DINING UNTIL 12:00 AM,
UPON WHICH TIME SUCH RESTAURANT SHALL CEASE IN-PERSON DINING, AND SHALL
REOPEN NO EARLIER THAN 5:00 AM; PROVIDED THAT SUCH RESTAURANT AND THE
PERSON OR ENTITY OPERATING IT ARE OTHERWISE IN COMPLIANCE WITH ALL OTHER
APPLICABLE STATE OR LOCAL LAWS, RULES AND REGULATIONS PERTAINING TO ITS
OPERATION AND ANY PROVISIONS OF SUCH EXECUTIVE ORDER 202 NOT RELATED TO
HOURS PERMITTED FOR IN-PERSON DINING.

4. SEVERABILITY. IF ANY CLAUSE, SENTENCE, PARAGRAPH, SECTION OR PART OF
THIS ACT SHALL BE ADJUDGED BY ANY COURT OF COMPETENT JURISDICTION TO BE
INVALID AND AFTER EXHAUSTION OF ALL FURTHER JUDICIAL REVIEW, THE JUDGE-
MENT SHALL NOT AFFECT, IMPAIR OR INVALIDATE THE REMAINDER THEREOF, BUT
SHALL BE CONFINED IN ITS OPERATION TO THE CLAUSE, SENTENCE, PARAGRAPH,
SECTION OR PART OF THIS ACT DIRECTLY INVOLVED IN THE CONTROVERSY IN
WHICH THE JUDGMENT SHALL HAVE BEEN RENDERED.

5. THIS ACT SHALL TAKE EFFECT IMMEDIATELY, PROVIDED THAT THE AMENDMENTS
TO SUBDIVISION 4 OF SECTION 29-A OF THE EXECUTIVE LAW MADE BY SECTION
ONE OF THIS ACT SHALL BE SUBJECT TO THE EXPIRATION AND REVERSION OF SUCH
SECTION PURSUANT TO CHAPTER 23 OF THE LAWS OF 2020, AS AMENDED, WHEN
UPON SUCH DATE THE PROVISIONS OF SECTION TWO OF THIS ACT SHALL TAKE
EFFECT.
 
JUSTIFICATION:

THE 10PM INDOOR DINING SHUTDOWN IMPLEMENTED BY EXECUTIVE ORDER HAS BEEN
GREATLY HARMING SMALL BUSINESSES ACROSS NEW YORK STATE. BEING THAT
CONTRACT TRACING DATA SHOWS RESTAURANTS AND BARS ACCOUNT FOR JUST 1.4%
OF COVID-19 CASES, WHILE PRIVATE GATHERINGS HAVE ACCOUNTED FOR 74%.
RESTAURANTS AND BARS HAVE PROVEN THEY CAN KEEP THEIR CUSTOMERS SAFE,
MAKING THIS CURFEW COUNTER-PRODUCTIVE.

 
PRIOR LEGISLATIVE HISTORY:

NEW BILL.

 
FISCAL IMPLICATIONS:

NONE.

 
EFFECTIVE DATE:
THIS ACT SHALL TAKE EFFECT IMMEDIATELY

2021-S5880 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5880
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 19, 2021
                                ___________
 
 Introduced  by  Sens.  BOYLE,  BORRELLO,  HELMING,  MARTUCCI, OBERACKER,
   PALUMBO, RITCHIE, WEIK -- 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 the suspension of laws
   during  a  declared  state of emergency; and permitting restaurants to
   remain open until midnight
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  4  of  section 29-a of the executive law, as
 amended by chapter 23 of the  laws  of  2020,  is  amended  to  read  as
 follows:
   4.  The legislature may terminate by concurrent resolution OR BY OTHER
 LEGISLATIVE ACTION ANY executive [orders] ORDER, OR MAY MODIFY OR  AMEND
 BY  CONCURRENT  RESOLUTION  OR  BY OTHER LEGISLATIVE ACTION ANY SPECIFIC
 PROVISION OR DIRECTIVE CONTAINED WITHIN ANY EXECUTIVE ORDER issued under
 this section at any time.
   § 2. 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 by concurrent resolution OR BY OTHER
 LEGISLATIVE ACTION ANY executive [orders] ORDER, OR MAY MODIFY OR  AMEND
 BY  CONCURRENT  RESOLUTION  OR  BY OTHER LEGISLATIVE ACTION ANY SPECIFIC
 PROVISION OR DIRECTIVE CONTAINED WITHIN ANY EXECUTIVE ORDER issued under
 this section at any time.
   § 3. Notwithstanding any provision or directive contained in executive
 order number 202 of 2020 or any  further  amendments,  modifications  or
 extensions  pursuant  to section 28 of the executive law, any restaurant
 shall be permitted to remain open for in-person dining until  12:00  AM,
 upon  which time such restaurant shall cease in-person dining, and shall
 reopen no earlier than 5:00 AM; provided that such  restaurant  and  the
 person or entity operating it are otherwise in compliance with all other
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD09324-01-1

 S. 5880                             2
 
 applicable  state or local laws, rules and regulations pertaining to its
 operation and any provisions of such executive order 202 not related  to
 hours permitted for in-person dining.
   § 4. Severability. If any clause, sentence, paragraph, section or part
 of  this act shall be adjudged by any court of competent jurisdiction to
 be invalid and after exhaustion of  all  further  judicial  review,  the
 judgement  shall not affect, impair or invalidate the remainder thereof,
 but shall be confined in its operation to the  clause,  sentence,  para-
 graph,  section or part of this act directly involved in the controversy
 in which the judgment shall have been rendered.
   § 5. This act shall take effect immediately, provided that the  amend-
 ments  to  subdivision  4  of  section 29-a of the executive law made by
 section one of this act shall be subject to the expiration and reversion
 of such section pursuant to chapter 23 of the laws of 2020, as  amended,
 when upon such date the provisions of section two of this act shall take
 effect.

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