§ 29-A — Suspension of other laws

New York § 29-A

• Jurisdiction: New York
• Law EXC: Executive
• Art. 2-B: State and Local Natural and Man-made Disaster Preparedness

Text

§ 29-a. Suspension of other laws. 1. Subject to the state\nconstitution, the federal constitution and federal statutes and\nregulations, the governor may by executive order temporarily suspend\nspecific provisions of any statute, local law, ordinance, or orders,\nrules or regulations, or parts thereof, of any agency during a state\ndisaster emergency, if compliance with such provisions would prevent,\nhinder, or delay action necessary to cope with the disaster.\n 2. Suspensions pursuant to subdivision one of this section shall be\nsubject to the following standards and limits:\n a. no suspension shall be made for a period in excess of thirty days,\nprovided, however, that upon reconsideration of all of the relevant\nfacts and circumstances, the governor may extend the suspension for\nadditional periods not to exceed thirty days each;\n b. no suspension shall be made which does not safeguard the health and\nwelfare of the public and which is not reasonably necessary to the\ndisaster effort;\n c. any such suspension order shall specify the statute, local law,\nordinance, order, rule or regulation or part thereof to be suspended and\nthe terms and conditions of the suspension;\n d. the order may provide for such suspension only under particular\ncircumstances, and may provide for the alteration or modification of the\nrequirements of such statute, local law, ordinance, order, rule or\nregulation suspended, and may include other terms and conditions;\n e. any such suspension order shall provide for the minimum deviation\nfrom the requirements of the statute, local law, ordinance, order, rule\nor regulation suspended consistent with the disaster action deemed\nnecessary; and\n f. when practicable, specialists shall be assigned to assist with the\nrelated emergency actions to avoid needless adverse effects resulting\nfrom such suspension.\n 3. Such suspensions shall be effective from the time and in the manner\nprescribed in such orders and shall be published as soon as practicable\nin the state bulletin.\n 4. The legislature may terminate by concurrent resolution executive\norders issued under this section at any time.\n