Senate Bill S1117

2023-2024 Legislative Session

Restores the legislative checks and balances to any emergency declaration that exceeds 45 days and ensures judicial due process rights for any action that impairs fundamental constitutional rights

download bill text pdf

Sponsored By

Current 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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2023-S1117 (ACTIVE) - Details

See Assembly Version of this Bill:
A1953
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:
2019-2020: S8466, A10546
2021-2022: S1749, A4907

2023-S1117 (ACTIVE) - Summary

Restores the legislative checks and balances to any emergency declaration that exceeds forty-five days; 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; requires a specification and explanation of which municipalities are affected by such suspension of laws.

2023-S1117 (ACTIVE) - Sponsor Memo

2023-S1117 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1117
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2023
                                ___________
 
 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
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  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
 SUCH COUNTY THAT JUSTIFIES THE ISSUANCE OF SUCH AN ORDER RELATED TO SUCH
 COUNTY.
   2.  Suspensions  pursuant  to subdivision one of this section shall be
 subject to the following standards and limits:
   a. no suspension 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  ANY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03772-01-3
              

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