S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1602
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 12, 2023
                                ___________
 
 Introduced  by  Sens. GRIFFO, BORRELLO, GALLIVAN, LANZA, O'MARA, TEDISCO
   -- read twice and ordered printed, and when printed to be committed to
   the Committee on Veterans, Homeland Security and Military Affairs
 
 AN ACT to amend the executive law, in relation to the length of time  of
   a  state  disaster  emergency  declaration,  requiring the governor to
   transmit a weekly report to the legislature during  a  state  disaster
   emergency,  and  the  communication  between  the governor and parties
   affected by a suspension of laws during a state disaster emergency
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Subdivision 3 of section 28 of the executive law, as added
 by  chapter  640 of the laws of 1978 and as renumbered by chapter 708 of
 the laws of 1981, is amended to read as follows:
   3. The executive order shall include a description  of  the  disaster,
 and the affected area. Such order or orders shall remain in effect for a
 period  not to exceed [six months] THIRTY DAYS or until rescinded by the
 governor, whichever occurs first, EXCEPT IN ACCORDANCE WITH  SUBDIVISION
 THREE  OF  SECTION  TWENTY-EIGHT-B  OF  THIS  ARTICLE. The governor [may
 issue] SHALL REQUEST additional orders  to  extend  the  state  disaster
 emergency for additional periods not to exceed [six months] THIRTY DAYS.
   § 2. The executive law is amended by adding a new section 28-b to read
 as follows:
   §  28-B.  TERM OF STATE DISASTER EMERGENCY DECLARATION.  1. THE PERIOD
 FOR WHICH A DECLARATION OF A STATE DISASTER  EMERGENCY,  AS  DEFINED  IN
 PARAGRAPH  B OF SUBDIVISION TWO OF SECTION TWENTY OF THIS ARTICLE, SHALL
 BE FOR NO MORE THAN THIRTY CALENDAR  DAYS,  EXCEPT  IN  ACCORDANCE  WITH
 SUBDIVISION  THREE  OF THIS SECTION. AFTER THE THIRTY DAY PERIOD, IF THE
 GOVERNOR SHALL DEEM IT NECESSARY TO CONTINUE THE DECLARATION, HE OR  SHE
 SHALL  SEEK THE APPROVAL OF THE SENATE AND THE ASSEMBLY TO CONTINUE SUCH
 DECLARATION FOR AN ADDITIONAL THIRTY DAYS. THE  GOVERNOR  MAY  SEEK  THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03144-01-3
 S. 1602                             2
              

 
 APPROVAL OF THE SENATE AND THE ASSEMBLY AS MANY TIMES AS IS NECESSARY TO
 ADDRESS A STATE DISASTER EMERGENCY AND TO CONTINUE SUCH A DECLARATION.
   2. THE GOVERNOR SHALL NOT ISSUE A STATE DISASTER EMERGENCY DECLARATION
 FOR  MORE  THAN THIRTY DAYS, EXCEPT IN ACCORDANCE WITH SUBDIVISION THREE
 OF THIS SECTION.
   3. IN THE EVENT THAT THE GOVERNOR REQUESTS THE APPROVAL OF THE  SENATE
 AND THE ASSEMBLY  TO CONTINUE A DECLARATION OF A STATE DISASTER EMERGEN-
 CY  PURSUANT  TO SUBDIVISION ONE OF THIS SECTION, AND THE LEGISLATURE IS
 NOT IN SESSION, THEN THE GOVERNOR SHALL CALL UPON THE  TEMPORARY  PRESI-
 DENT  OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY TO CONVENE A SPECIAL
 SESSION FOR THE PURPOSE OF CONSIDERING LEGISLATIVE AUTHORIZATION FOR THE
 GOVERNOR TO EXTEND THE DISASTER DECLARATION  FOR  AN  ADDITIONAL  THIRTY
 DAYS.  IN  THE  EVENT THAT THE TEMPORARY PRESIDENT OF THE SENATE AND THE
 SPEAKER OF THE ASSEMBLY INFORM THE GOVERNOR THAT A QUORUM  OF  BOTH  THE
 SENATE  AND  THE ASSEMBLY CANNOT BE MET, OR IN THE EVENT THAT THE TEMPO-
 RARY PRESIDENT OF THE SENATE AND/OR THE SPEAKER OF THE ASSEMBLY, DUE  TO
 DEATH  OR  DISABILITY,  ARE  UNABLE  TO RESPOND TO SUCH REQUEST FROM THE
 GOVERNOR, THEN THE GOVERNOR SHALL HAVE THE  AUTHORITY  TO  CONTINUE  THE
 DECLARATION UNTIL SUCH TIME AS THE SENATE AND ASSEMBLY CAN CONVENE.
   §  3.  Subdivision 2 of section 29-a of the executive law, as added by
 chapter 640 of the laws of 1978, is amended to read as follows:
   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
 additional periods not to exceed thirty days each IN ACCORDANCE WITH THE
 PROVISIONS OF SUBDIVISIONS ONE AND THREE OF  SECTION  TWENTY-EIGHT-B  OF
 THIS ARTICLE;
   b. no suspension shall be made which does not safeguard the health and
 welfare  of  the  public  and  which  is not reasonably necessary to 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 shall provide for the  minimum  deviation
 from  the requirements of the statute, local law, ordinance, order, rule
 or regulation suspended  consistent  with  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[.]; AND
   G. THE ORDER MAY ONLY BE ISSUED AFTER THE GOVERNOR HAS SOLICITED INPUT
 FROM  AND COMMUNICATED SUCH ACTION TO THE PARTIES TO BE AFFECTED BY SUCH
 SUSPENSION, INCLUDING BUT NOT LIMITED TO LOCAL GOVERNMENTS, INDIVIDUALS,
 BUSINESSES, ASSOCIATIONS AND OTHERS WHO ARE GOVERNED  BY  THE  SUSPENDED
 LAW.
   § 4. The executive law is amended by adding a new section 29-l to read
 as follows:
   §  29-L.  WEEKLY  REPORT  OF GOVERNOR TO THE LEGISLATURE. THE GOVERNOR
 SHALL TRANSMIT A WEEKLY REPORT ON ALL SUSPENSION OF LAWS, ALL  EXECUTIVE
 ACTIONS,  ALL  EXECUTIVE DECISIONS, AND ALL COMMUNICATIONS OF THE GOVER-
 S. 1602                             3
 
 NOR, HIS AGENCIES AND AFFECTED PARTIES IN RELATION TO THE STATE DISASTER
 EMERGENCY DECLARATION, ON A WEEKLY BASIS.  SUCH  REPORT,  INCLUDING  ALL
 INFORMATION INCLUDED IN SUCH REPORT, SHALL BE TRANSMITTED BOTH ELECTRON-
 ICALLY  AND  BY  MAIL OR COURIER TO EACH INDIVIDUAL MEMBER OF THE SENATE
 AND ASSEMBLY WEEKLY.
   § 5. This act shall take effect immediately.