What's happening
This bill expands the governor's emergency powers during disasters, including disease outbreaks, and appropriates $40 million for COVID-19 response.
Why it matters
Broadens the governor’s authority. to issue directives and suspend laws during declared disasters, including disease outbreaks, not just in situations where compliance would prevent or hinder response, but also “if necessary to assist or aid in coping” with the disaster—potentially increasing executive flexibility and speed in emergencies.
Expands the definition of “disaster”. to explicitly include “disease outbreak” and “impending or urgent” threats, which clarifies and possibly lowers the threshold for invoking emergency powers in public health crises or similar events.
Adds legislative oversight. by allowing the legislature to terminate executive orders related to disaster emergencies at any time through concurrent resolution, providing a check on expanded executive power.
Specifies limits and safeguards. for the governor’s directives, such as time constraints (initial 30 days, renewable), requirements that directives be in the public’s health or welfare interest, and mandates for minimal deviation from existing laws—helping balance emergency action with civil protections.
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Who cares
Governor’s office
The bill would expand authority to suspend laws and issue necessary directives during specified state disaster emergencies, with the legal changes expiring April 30, 2021.
State agencies, departments and authorities
The bill would appropriate $40 million for COVID-19 response expenses, including personnel, equipment, supplies, travel and training, with disbursements subject to a budget director-approved plan.
Municipal governments
A portion of the COVID-19 appropriation could be made available as state aid for local outbreak-related services and expenses.
State legislators
The Legislature would retain authority to terminate executive orders under the amended emergency-powers section by concurrent resolution.
Headline styles
Expand Governor's Emergency Powers
Plain English, a few words. Used as the page title.
Sponsors
3 Co-sponsors
History
- Substituted by S7919
- Motion to amend lost
- Ordered to third reading rules cal.12
- Rules report cal.12
- Reported
- Reported referred to rules
- Referred to ways and means
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Expand Governor’s Emergency Powers
Signed by Governor · Sponsor Andrea Stewart-Cousins
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
9953
IN ASSEMBLY
March 2, 2020
Introduced by M. of A. ORTIZ -- (at request of the Governor) -- read once and referred to the Committee on Ways and Means
AN ACT to amend the executive law, in relation to issuing by the governor of any directive necessary to respond to a state disaster emergency; making an appropriation therefor; and providing for the repeal of certain provisions upon expiration thereof
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph a of subdivision 2 of section 20 of the executive law, as amended by section 1 of part B of chapter 56 of the laws of 2010, 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 property 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 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. Subject to the state constitution, 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 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: fire, flood, earthquake, hurricane, tornado, high water, landslide, mudslide, wind, storm, wave action, volcanic activity,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12048-08-0
A. 9953 2
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 [does not safeguard the] is not in the interest of the health [and] or 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 regulation 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, ordinance, 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. The sum of forty million dollars ($40,000,000) is hereby appropriated for transfer by the governor to the general, special revenue, capital projects, proprietary or fiduciary funds of any agency, department, or authority for services and expenses related to the outbreak of coronavirus disease 2019 (COVID-19). Such funds shall be used for purposes including, but not limited to, additional personnel, equipment and supplies, travel costs, and trainings. A portion of these funds may be made available as state aid to municipalities for services and expenses related to the outbreak of coronavirus disease 2019 (COVID-19). Such funds shall be available for payment of financial assistance heretofore accrued or hereafter to accrue. Any disbursements from this appropriation shall be distributed pursuant to a plan approved by the director of the budget.
§ 4. This act shall take effect immediately and sections one and two of this act shall expire and be deemed repealed April 30, 2021.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.