- Summary
- Actions
- Committee Votes
- Floor Votes
- Memo
- Text
- LFIN
- Chamber Video/Transcript
A05967 Summary:
BILL NO | A05967 |
  | |
SAME AS | SAME AS S05357 |
  | |
SPONSOR | Heastie |
  | |
COSPNSR | Zebrowski, 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. |
A05967 Actions:
BILL NO | A05967 | ||||||||||||||||||||||||||||||||||||||||||||||||||
  | |||||||||||||||||||||||||||||||||||||||||||||||||||
03/02/2021 | referred to governmental operations | ||||||||||||||||||||||||||||||||||||||||||||||||||
03/05/2021 | reported referred to codes | ||||||||||||||||||||||||||||||||||||||||||||||||||
03/05/2021 | reported referred to rules | ||||||||||||||||||||||||||||||||||||||||||||||||||
03/05/2021 | reported | ||||||||||||||||||||||||||||||||||||||||||||||||||
03/05/2021 | rules report cal.33 | ||||||||||||||||||||||||||||||||||||||||||||||||||
03/05/2021 | ordered to third reading rules cal.33 | ||||||||||||||||||||||||||||||||||||||||||||||||||
03/05/2021 | motion to amend lost | ||||||||||||||||||||||||||||||||||||||||||||||||||
03/05/2021 | substituted by s5357 | ||||||||||||||||||||||||||||||||||||||||||||||||||
  | S05357 AMEND= STEWART-COUSINS | ||||||||||||||||||||||||||||||||||||||||||||||||||
  | 03/02/2021 | REFERRED TO RULES | |||||||||||||||||||||||||||||||||||||||||||||||||
  | 03/05/2021 | ORDERED TO THIRD READING CAL.504 | |||||||||||||||||||||||||||||||||||||||||||||||||
  | 03/05/2021 | PASSED SENATE | |||||||||||||||||||||||||||||||||||||||||||||||||
  | 03/05/2021 | DELIVERED TO ASSEMBLY | |||||||||||||||||||||||||||||||||||||||||||||||||
  | 03/05/2021 | referred to codes | |||||||||||||||||||||||||||||||||||||||||||||||||
  | 03/05/2021 | substituted for a5967 | |||||||||||||||||||||||||||||||||||||||||||||||||
  | 03/05/2021 | ordered to third reading rules cal.33 | |||||||||||||||||||||||||||||||||||||||||||||||||
  | 03/05/2021 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
  | 03/05/2021 | returned to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
  | 03/05/2021 | DELIVERED TO GOVERNOR | |||||||||||||||||||||||||||||||||||||||||||||||||
  | 03/07/2021 | SIGNED CHAP.71 |
A05967 Committee Votes:
Zebrowski | Aye | Lawler | Nay | ||||||
Galef | Aye | Goodell | Nay | ||||||
Glick | Aye | Lalor | Nay | ||||||
Kim | Aye | Byrne | Nay | ||||||
Bichotte Hermel | Aye | ||||||||
Hyndman | Aye | ||||||||
Williams | Aye | ||||||||
Epstein | Aye | ||||||||
Wallace | Aye | ||||||||
Meeks | Aye | ||||||||
Dinowitz | Aye | Morinello | Nay | ||||||
Pretlow | Aye | Giglio | Nay | ||||||
Cook | Aye | Montesano | Nay | ||||||
Cymbrowitz | Aye | Reilly | Nay | ||||||
O'Donnell | Aye | Mikulin | Nay | ||||||
Lavine | Aye | Tannousis | Nay | ||||||
Perry | Aye | ||||||||
Abinanti | Absent | ||||||||
Weprin | Aye | ||||||||
Hevesi | Aye | ||||||||
Fahy | Aye | ||||||||
Seawright | Aye | ||||||||
Rosenthal | Aye | ||||||||
Walker | Aye | ||||||||
Vanel | Aye | ||||||||
Cruz | Aye | ||||||||
Heastie | Excused | Barclay | Excused | ||||||
Gottfried | Aye | Hawley | Nay | ||||||
Nolan | Excused | Giglio | Nay | ||||||
Weinstein | Aye | Blankenbush | Nay | ||||||
Pretlow | Aye | Norris | Nay | ||||||
Cook | Aye | Montesano | Nay | ||||||
Glick | Aye | Ra | Nay | ||||||
Aubry | Aye | Brabenec | Nay | ||||||
Englebright | Aye | ||||||||
Dinowitz | Aye | ||||||||
Colton | Excused | ||||||||
Magnarelli | Aye | ||||||||
Perry | Aye | ||||||||
Paulin | Aye | ||||||||
Peoples-Stokes | Aye | ||||||||
Benedetto | Aye | ||||||||
Lavine | Aye | ||||||||
Lupardo | Aye | ||||||||
Zebrowski | Aye | ||||||||
Thiele | Aye | ||||||||
Braunstein | Aye | ||||||||
Dickens | Aye | ||||||||
Davila | Aye | ||||||||
Go to top
A05967 Floor Votes:
No
Abbate
No
Clark
No
Frontus
Yes
Lalor
No
Paulin
No
Sillitti
No
Abinanti
No
Colton
No
Galef
No
Lavine
No
Peoples-Stokes
No
Simon
No
Anderson
No
Conrad
Yes
Gallagher
Yes
Lawler
No
Perry
Yes
Simpson
Yes
Angelino
No
Cook
Yes
Gallahan
Yes
Lemondes
No
Pheffer Amato
Yes
Smith
Yes
Ashby
No
Cruz
Yes
Gandolfo
No
Lunsford
No
Pichardo
Yes
Smullen
No
Aubry
No
Cusick
Yes
Giglio JA
No
Lupardo
No
Pretlow
No
Solages
Yes
Barclay
No
Cymbrowitz
Yes
Giglio JM
No
Magnarelli
No
Quart
No
Steck
No
Barnwell
No
Darling
No
Glick
Yes
Mamdani
Yes
Ra
No
Stern
No
Barrett
No
Davila
Yes
Gonzalez-Rojas
Yes
Manktelow
No
Rajkumar
No
Stirpe
Yes
Barron
No
De La Rosa
Yes
Goodell
No
McDonald
No
Ramos
Yes
Tague
No
Benedetto
Yes
DeStefano
No
Gottfried
Yes
McDonough
Yes
Reilly
Yes
Tannousis
No
Bichotte Hermel
No
Dickens
No
Griffin
No
McMahon
No
Reyes
No
Taylor
Yes
Blankenbush
No
Dilan
No
Gunther
No
Meeks
No
Richardson
No
Thiele
Yes
Brabenec
No
Dinowitz
Yes
Hawley
Yes
Mikulin
No
Rivera J
No
Vanel
No
Braunstein
Yes
DiPietro
No
Hevesi
Yes
Miller B
No
Rivera JD
Yes
Walczyk
No
Bronson
Yes
Durso
No
Hunter
Yes
Miller M
No
Rodriguez
No
Walker
Yes
Brown
Yes
Eichenstein
No
Hyndman
Yes
Mitaynes
No
Rosenthal D
No
Wallace
No
Burdick
No
Englebright
No
Jackson
Yes
Montesano
No
Rosenthal L
Yes
Walsh
No
Burgos
Yes
Epstein
No
Jacobson
Yes
Morinello
No
Rozic
No
Weinstein
No
Burke
No
Fahy
No
Jean-Pierre
Yes
Niou
Yes
Salka
No
Weprin
No
Buttenschon
No
Fall
Yes
Jensen
No
Nolan
No
Santabarbara
No
Williams
Yes
Byrne
No
Fernandez
No
Jones
Yes
Norris
No
Sayegh
No
Woerner
Yes
Byrnes
Yes
Fitzpatrick
No
Joyner
No
O'Donnell
Yes
Schmitt
No
Zebrowski
No
Cahill
Yes
Forrest
No
Kelles
No
Otis
No
Seawright
No
Zinerman
No
Carroll
Yes
Friend
Yes
Kim
Yes
Palmesano
No
Septimo
No
Mr. Speaker
‡ Indicates voting via videoconference
A05967 Memo:
Go to topNEW 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.
A05967 Text:
Go to top 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. LBD10245-06-1A. 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; andA. 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 30,162021] 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.