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A05967 Summary:

BILL NOA05967
 
SAME ASSAME AS S05357
 
SPONSORHeastie
 
COSPNSRZebrowski, Peoples-Stokes, Weinstein, Gottfried, Nolan, Glick, Aubry, Galef, Cahill, Dinowitz, Cymbrowitz, Lavine, Benedetto, Hevesi, Rosenthal L, Stirpe, Thiele, Braunstein, Weprin, Bronson, Quart, Rozic, Fahy, Barrett, Pichardo, Bichotte Hermelyn, Simon, Joyner, Woerner, Jean-Pierre, Hyndman, Hunter, Wallace, Dickens, Carroll, Vanel, Taylor, Griffin, Frontus, Cruz, Jacobson, Kelles, Anderson, Lunsford, Zinerman, Burgos, Rivera JD, Sillitti, Epstein, Walker, Fall, Ramos, Davila, Lupardo, Seawright, Otis, Colton, Fernandez, Rivera J
 
MLTSPNSR
 
Amd §4, Chap 23 of 2020; amd §28, Exec L
 
Provides that the legislature may terminate by concurrent resolution a state disaster emergency issued under section 28 of the executive law; authorizes any directive 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 date of such repeal, subject to certain provisions; makes related provisions.
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A05967 Actions:

BILL NOA05967
 
03/02/2021referred to governmental operations
03/05/2021reported referred to codes
03/05/2021reported referred to rules
03/05/2021reported
03/05/2021rules report cal.33
03/05/2021ordered to third reading rules cal.33
03/05/2021motion to amend lost
03/05/2021substituted by s5357
 S05357 AMEND= STEWART-COUSINS
 03/02/2021REFERRED TO RULES
 03/05/2021ORDERED TO THIRD READING CAL.504
 03/05/2021PASSED SENATE
 03/05/2021DELIVERED TO ASSEMBLY
 03/05/2021referred to codes
 03/05/2021substituted for a5967
 03/05/2021ordered to third reading rules cal.33
 03/05/2021passed assembly
 03/05/2021returned to senate
 03/05/2021DELIVERED TO GOVERNOR
 03/07/2021SIGNED CHAP.71
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A05967 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5967
 
SPONSOR: Heastie
  TITLE OF BILL: 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 amend- ing the executive law relating to issuing by the governor of any direc- tive 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   PURPOSE: The purpose of this legislation is to repeal provisions of Chapter 23 of the Laws of 2020 and establish a new system for the extension and modification of directives issued by the Governor during a declared state of emergency.   SUMMARY OF PROVISIONS: Section one of the bill contains legislative intent. Section two of the bill defines the term "public health directive related to managing the covid pandemic". It clarifies that any directive authorized pursuant to chapter 23 of 2020 will be permitted to continue 30 days from the effective date of the repeal subject to specified limi- tations. The section establishes a procedure by which the governor can extend or modify existing directives issued to respond to the COVID-19 pandemic including five days notice prior to issuing an extension or modification. The notice would be provided by electronic means and would contain a certification that the order is needed to address public health or safety concerns related to the COVID-19 pandemic and informa- tion related to the order would be submitted to either the legislature, or in the case of an order applying to a specific municipality the lead- ers of such municipality, for review and comment. Municipalities are authorized to adopt local executive orders unless the local orders conflict with a statewide executive order. If the governor certifies that an extension or modification is necessary to address exigent circumstances related to an imminent threat to public health or safety, he or she may bypass the five day requirement, but must provide informa- tion certified by the commissioner of health, and an opportunity for comment at no time later than the issuance of an extension or modifica- tion of the directive The section clarifies that no directive may be extended or modified more than once unless the governor has responded to comments from relevant chairs or municipal leaders. The section further clarifies that the legislature can terminate, by concurrent resolution, executive orders at any time. Section three of the bill requires the governor to provide on the website of the office of the governor, in a searchable format, addi- tional information detailing the justification for emergency suspensions and directives. Section four of the bill amends the effective date of Chapter 23 of 2020 to immediately repeal certain provisions related to issuing directives during a declared disaster emergency but provides for a mechanism to keep existing directives in place temporarily. Section five of the bill provides that the legislature may terminate a state disaster emergency by concurrent resolution. Section six of the bill contains a severability clause. Section seven of the bill contains the effective date. JUSTIFICATION: In the face of difficult times beginning in March of 2020 the legislature enacted chap- ter twenty-three in order to take action to combat the COVID- 19 virus. Chapter 23 was crafted to allow for a nimble response to a pandemic when the state did not have a lot of information about the virus. Since then much has been learned about the COVID-19 virus. Recently, there has been progress in the fight against the virus with the approval and distrib- ution of multiple vaccines. It is time to return to a more regular order and to move forward with increased oversight and review. The legisla- ture, at this time, feels that it is necessary to begin the process of recovering from this pandemic with a new vision for the way the disaster response will be handled by the government of this state.   PRIOR LEGISLATIVE HISTORY: New Bill   FISCAL IMPLICATIONS: None to the State   EFFECTIVE DATE: 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.
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A05967 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5967
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                      March 2, 2021
                                       ___________
 
        Introduced  by  M.  of A. HEASTIE, ZEBROWSKI, PEOPLES-STOKES, WEINSTEIN,
          GOTTFRIED, NOLAN, GLICK, AUBRY, GALEF, CAHILL,  DINOWITZ,  CYMBROWITZ,
          CUSICK,  LAVINE,  BENEDETTO,  HEVESI,  L. ROSENTHAL,  STIRPE,  THIELE,
          BRAUNSTEIN, WEPRIN, BRONSON, QUART, ROZIC,  FAHY,  BARRETT,  PICHARDO,
          BICHOTTE HERMELYN,  SIMON, JOYNER, WOERNER, BARRON, JEAN-PIERRE, HYND-
          MAN, HUNTER, WALLACE, DICKENS, CARROLL, VANEL, TAYLOR, GRIFFIN,  FRON-
          TUS,  CRUZ,  JACOBSON,  KELLES,  ANDERSON, LUNSFORD, ZINERMAN, BURGOS,
          J. D. RIVERA, SILLITTI -- read once and referred to the  Committee  on
          Governmental Operations
 
        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:
 
     1    Section 1. Legislative intent. Chapter 23 of  the  laws  of  2020  was
     2  adopted  during  uncertain  times,  during the beginning of the national
     3  awareness of the COVID-19 virus and its first  detection  in  New  York.
     4  Responding to the virus was declared a public health emergency by the US
     5  Centers for Disease Control and there was the threat of widespread tran-
     6  smission  in  the United States.   At the time it was not known that New
     7  York State would become one of the epicenters of the pandemic, how  long
     8  the pandemic would last, or the toll that it would take on the people of
     9  the  state. In the face of uncertain and unprecedented times, the legis-
    10  lature enacted chapter twenty-three in order to take action to combat an
    11  unknown and unprecedented problem, and in case the governor needed addi-
    12  tional powers to deal with the quickly evolving situation.     Much  has
    13  been learned about the COVID-19 virus in the last year.  The legislature
    14  finds  that  there has been progress in the fight against the virus with
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10245-06-1

        A. 5967                             2
 
     1  the approval and distribution of multiple  vaccines  in  recent  months.
     2  With increased knowledge including the means of transmission, prevention
     3  and  treatment  of the COVID-19 outbreak and additional time to reflect,
     4  the  legislature  finds  and  declares  that  the governor is adequately
     5  equipped with his previously existing  emergency  powers  and  with  the
     6  authorization  to continue existing directive extension and modification
     7  powers to deal with the situation.  The legislature  therefore  declares
     8  that  it  is  time  to  restore the pre-pandemic balance of power of the
     9  governor and legislature, and to  continue  to  move  forward  with  the
    10  response  and  recovery while maintaining the authority of public-health
    11  focused directives taken by the Governor, with  reasonable  limitations,
    12  during the possibly waning days of the pandemic.
    13    §  2.  1. As used in this section, "public health directive related to
    14  managing the COVID-19 pandemic", means a directive certified in the sole
    15  discretion of the commissioner of health to address  the  spread  and/or
    16  reduction  of  the  COVID-19  virus,  facilitate vaccine distribution or
    17  administration, or require the use of  face  coverings.    Such  certif-
    18  ication  shall include a detailed explanation of how such directive will
    19  address the spread and/or reduction of the  COVID-19  virus,  facilitate
    20  vaccine  distribution  or  administration,  or  require  the use of face
    21  coverings and shall also be contained within the notice required  to  be
    22  made  by the governor pursuant to paragraphs a and b of subdivision 2 of
    23  this section.
    24    2. Any directive previously issued pursuant to chapter 23 of the  laws
    25  of  2020  in  effect  at the time of the repeal of such chapter shall be
    26  permitted to continue for 30 days from the effective date of this  chap-
    27  ter  notwithstanding  the  repeal  of chapter 23 of the laws of 2020 and
    28  following the expiration of  such  30  day  period,  any  extensions  or
    29  modifications  of  such  directives  shall  be  subject to the following
    30  provisions:
    31    a. The governor may extend  or  modify  any  directive,  by  executive
    32  order,  that has been issued and remains in effect on the effective date
    33  of this act for additional 30 day increments in a manner provided for in
    34  this section, provided that the purpose of extending  or  modifying  the
    35  directive  is to issue a public health directive related to managing the
    36  COVID-19 pandemic.
    37    b. No later than 5 days prior to the extension or modification of such
    38  a directive, the governor shall notify including  via  electronic  means
    39  the relevant committee chairs in the assembly and senate and the speaker
    40  of  the  assembly  and  temporary  president of the senate of his or her
    41  intent to extend or modify any directive, and  shall  include  therewith
    42  the certification required by subdivision 1 of this section, to describe
    43  the  need for extension or modification of such directive and the threat
    44  to the public health or safety that requires the extension or  modifica-
    45  tion.  If  the  governor certifies that the extension or modification of
    46  such a directive is necessary to address any exigent circumstances  that
    47  address  an  imminent threat to public health or safety, he or she shall
    48  provide such certification required by the  commissioner  of  health  as
    49  provided  in  subdivision  1 of this section as soon as possible, but in
    50  any event, prior to the issuance of an extension or modification of such
    51  a directive.  The governor shall provide an opportunity  to  comment  on
    52  any  such directive by the relevant committee chairs, which comments may
    53  be received after the issuance of the directive and shall not affect the
    54  validity thereof.
    55    c. No later than 5 days prior to the extension or  modification  of  a
    56  directive  only explicitly affecting specific municipalities, the gover-

        A. 5967                             3

     1  nor shall notify including via electronic means the  relevant  executive
     2  leaders  of such municipalities and such municipal legislature of his or
     3  her intent to extend or modify any such  directive,  and  shall  include
     4  therewith the certification required by subdivision 1 of this section to
     5  describe  the  need  for extension or modification of such directive and
     6  the specific threat to the public health or  safety  that  requires  the
     7  extension or modification.  If the governor certifies that the extension
     8  or  modification of such a directive is necessary to address any exigent
     9  circumstances that address an imminent threat to the  public  health  or
    10  safety,  he  or  she  shall  provide  such certification required by the
    11  commissioner of health as provided in subdivision 1 of this section,  as
    12  soon as possible but in any event, prior to the issuance of an extension
    13  or  modification  of  such  a  directive.  The governor shall provide an
    14  opportunity to comment on any such directive by such  executive  leaders
    15  and  legislatures,  which comments may be received after the issuance of
    16  the directive and shall not affect the validity thereof.
    17    d. No directive shall be modified pursuant to this section unless such
    18  modification is solely for the purpose of altering the numeric amount or
    19  percentage of individuals, businesses, vaccination locations or  provid-
    20  ers  or  administrators,  or  other entities impacted by a directive, or
    21  placing  additional  restrictions  or  reducing  existing   restrictions
    22  related  to  testing,  quarantine,  social  distancing,  air  quality or
    23  filtration, or mask requirements, for any entity located in  the  state,
    24  including  but  not  limited to modification of individuals eligible for
    25  vaccination or modification of limits on the seating capacity of a busi-
    26  ness to operate during a state of emergency.
    27    e. No directive shall be extended or modified to the extent that  such
    28  directive  prohibits  the  adoption  by any municipality of this state a
    29  local executive order within such municipality's existing  power  except
    30  where  such  an  order  conflicts with any executive order issued by the
    31  state.
    32    f. No directive may be extended or modified more than once unless  the
    33  governor  has  responded,  including  electronically,  to  any  comments
    34  provided by the chairs of any relevant committee or  relevant  municipal
    35  entities pursuant to this section which have been received within 5 days
    36  of  the  time  required  for such notice pursuant to paragraph b of this
    37  subdivision, and which may be attested to in the notice by the  governor
    38  to  the  relevant  chairs  and the leaders as provided in paragraph b of
    39  this subdivision, which shall be deemed sufficient for purposes  of  the
    40  effectiveness of such directive.
    41    g. The legislature may terminate by  concurrent  resolution  executive
    42  orders issued under this section at any time.
    43    h.  Directives  shall  be effective from the time and  in  the  manner
    44  prescribed in such orders and shall be published as soon  as practicable
    45  in the state bulletin and as provided in this section.
    46    § 3. (a) Within 15 days of the effective  date  of  this  section  all
    47  current  suspensions  and  directives  authorized  pursuant to executive
    48  orders 202 and 205 of 2020 and this act shall be posted on  the  website
    49  for  the  office  of  the  governor  in  a  searchable format, and shall
    50  include, but not be limited to:
    51    (i) the disaster emergency that such suspension and directives pertain
    52  to;
    53    (ii) the subject category or area affected;
    54    (iii) a summary of the provisions suspended or modified;
    55    (iv) the order's expiration date;
    56    (v) the entity responsible for enforcing such provisions; and

        A. 5967                             4
 
     1    (vi) in the case of a directive extended or modified pursuant  to  the
     2  provisions  of  this act, the need for extension or modification of such
     3  directive and the threat to the public health or  safety  that  requires
     4  the extension or modification.
     5    (b)  Such  website shall be updated upon the issuance of every suspen-
     6  sion or directive pursuant to this act.
     7    (c) Every thirty  days,  such  website  shall  also  be  updated  with
     8  responses  to  written  comments  or  information requests from relevant
     9  committee chairs or municipal government entities received  pursuant  to
    10  the provisions of this act.
    11    §  4.  Section 4 of chapter 23 of the laws of 2020 amending the execu-
    12  tive law relating to issuing by the governor of any directive  necessary
    13  to respond to a state disaster emergency, is amended to read as follows:
    14    §  4.  This  act  shall take effect immediately and [sections one and]
    15  section two of this act shall expire and be deemed repealed  [April  30,
    16  2021]  immediately,  provided  however, any directive issued pursuant to
    17  this chapter in effect at the time of such repeal shall be permitted  to
    18  continue  for  30  days  from  the  date  of such repeal, unless further
    19  extended as provided in section 2 of the chapter of  the  laws  of  2021
    20  amending the executive law relating to the termination of certain execu-
    21  tive powers; to amend chapter 23 of the laws of 2020 amending the execu-
    22  tive  law relating to issuing by the governor of any directive necessary
    23  to respond to a state disaster emergency, in relation to the  effective-
    24  ness  thereof;  and  providing for the repeal of certain provisions upon
    25  expiration thereof.  Nothing contained  herein  shall  be  construed  to
    26  diminish  or  repeal  any  statutory or regulatory authority to exercise
    27  emergency powers that existed prior to the enactment of this act.
    28    § 5. Section 28 of the executive law is amended by adding a new subdi-
    29  vision 5 to read as follows:
    30    5. The legislature may terminate at any time a state disaster emergen-
    31  cy issued under this section by concurrent resolution.
    32    § 6. Severability. If any provision of this act,  or  the  application
    33  thereof  to  any person or circumstances, is held invalid or unconstitu-
    34  tional, that invalidity or unconstitutionality shall  not  affect  other
    35  provisions  or applications of this act that can be given effect without
    36  the invalid or unconstitutional provision or application,  and  to  this
    37  end the provisions of this act are severable.
    38    §  7.  This  act shall take effect immediately, provided that, section
    39  two of this act shall expire and be deemed repealed upon the termination
    40  of the state of emergency declared pursuant to executive  order  202  of
    41  2020.
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