NY State Senate Bill 2021-S4888

Senate Bill S4888

2021-2022 Legislative Session

Revokes the extension of emergency powers granted to the governor related to the outbreak of coronavirus disease 2019

download bill text pdf

Archive: Last Bill Status - Stricken

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
Mar 11, 2022	recommit, enacting clause stricken
Jan 05, 2022	referred to veterans, homeland security and military affairs
Feb 17, 2021	referred to veterans, homeland security and military affairs

co-Sponsors

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2021-S4888 (ACTIVE) - Details

Law Section:: Executive Law
Laws Affected:: Amd §§20 & 29-a, Exec L

2021-S4888 (ACTIVE) - Summary

Revokes the extension of emergency powers granted to the governor related to the outbreak of coronavirus disease 2019 (COVID-19).

2021-S4888 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4888

SPONSOR: BIAGGI
 
TITLE OF BILL:

An act to amend the executive law, in relation to revoking the extension
of emergency powers granted to the governor related to the outbreak of
coronavirus disease 2019

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would repeal the expansion of the Executive's emergency powers
effective immediately.

 
SUMMARY OF PROVISIONS:

Section 1 amends subdivision 1 of section 20 of the Executive Law by
removing the expanded criteria for an emergency declaration.

Section 2 amends section 29-a of the executive law, as amended by chap-
ter 23 of the laws of 2020, to remove the Governor's authority to issue

directives during an emergency declaration.

Section 3 sets forth the effective date.

 
JUSTIFICATION:

On March 3, 2020, legislation was passed to significantly expand the
Governor's emergency powers under a disaster declaration, including
giving the Executive the ability to issue directives. Since the March 7,
2020, when the COVID-19 pandemic was first declared as a state of emer-
gency, the governor has made ample use of those expanded powers.  As of
August 31, 2020, 65 executive orders have been issued and more than 250
laws have been suspended. The extensive nature of these directives is
alarming, as the duty of passing laws belongs to the Legislature; the
branch most connected to New Yorkers.

The vast number of Executive directives have circumvented the legisla-
tive process all together, severely limiting the power of the Legisla-
ture. Representative democracy depends upon co-equal branches of govern-
ment and New Yorkers deserve to participate in policy making. Under the
current emergency measures, the Executive branch is undermining the role
of the State Legislature, and the role of the public by leaving no
opportunity for basic legislative procedures like public hearings or a
full committee process, which would typically invite insightful debate
and thorough deliberation. The nature of the executive orders demon-
strate an overreach of power, threatening representative democracy and
checks and balances due to the lack of transparency and public input in
policy development.

The COVID-19 state of emergency has necessitated certain, expedited
directives by the Executive, but it is no longer reasonable for the
governor to continue to operate with such unbridled power through April
31, 2021. This bill would repeal the Governor's expanded emergency
powers effective immediately. The Governor would still retain the abili-
ty to suspend laws if necessary, as was allowed previously under emer-
gency declarations.

 
PRIOR LEGISLATIVE HISTORY:
None.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.

2021-S4888 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4888
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 17, 2021
                                ___________
 
 Introduced  by  Sen.  BIAGGI -- 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 revoking the extension
   of emergency powers granted to the governor related to the outbreak of
   coronavirus disease 2019

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph a of subdivision 2 of section 20 of the executive
 law,  as  amended  by chapter 23 of the laws of 2020, is amended to read
 follows:
   a. "disaster" means occurrence  or  imminent[,  impending  or  urgent]
 threat of wide spread or severe damage, injury, or loss of life or prop-
 erty  resulting  from any natural or man-made causes, including, but not
 limited to, fire, flood, earthquake,  hurricane,  tornado,  high  water,
 landslide,  mudslide,  wind,  storm,  wave  action,  volcanic  activity,
 epidemic, [disease outbreak,] air contamination, terrorism, cyber event,
 blight, drought, infestation, explosion, radiological accident, nuclear,
 chemical, biological, or bacteriological release,  water  contamination,
 bridge failure or bridge collapse.
   §  2.  Section  29-a of the executive law, as amended by chapter 23 of
 the laws of 2020, is amended to read as follows:
   § 29-a. Suspension of other laws. 1. Subject to  the  state  constitu-
 tion, the federal constitution and federal statutes and regulations, the
 governor  may  by executive order temporarily suspend 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 [or if necessary to assist  or  aid  in  coping  with  such
 disaster.  The  governor,  by  executive  order, may issue any directive
 during a state disaster emergency declared in the  following  instances:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD09680-01-1

 S. 4888                             2

 fire,  flood,  earthquake,  hurricane,  tornado,  high water, landslide,
 mudslide, wind, storm, wave action, volcanic activity, epidemic, disease
 outbreak, air contamination, terrorism, cyber  event,  blight,  drought,
 infestation,   explosion,   radiological  accident,  nuclear,  chemical,
 biological, or  bacteriological  release,  water  contamination,  bridge
 failure or bridge collapse. Any such directive must be necessary to cope
 with the disaster and may provide for procedures reasonably necessary to
 enforce such directive].
   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,  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
 interest of] DOES NOT SAFEGUARD the  health  [or]  AND  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
 minimum 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.
   3. Such suspensions [or 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.
   4. The legislature may terminate by  concurrent  resolution  executive
 orders issued under this section at any time.
   §  3.  This  act shall take effect immediately, provided however, that
 the amendments to paragraph a of subdivision 2  of  section  20  of  the
 executive  law  made  by  section  one of this act and the amendments to
 section 29-a of the executive law made by section two of this act  shall
 not  affect  the expiration of such paragraph and such section and shall
 be deemed to expire therewith.

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