New York S 5102: Relates to the length of time of a state disaster emergency declaration

Bill Text

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S05102 Summary:

BILL NOS05102 

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SAME ASNo Same As

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SPONSORGRIFFO

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COSPNSRBORRELLO, GALLIVAN, LANZA, O'MARA, TEDISCO

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MLTSPNSR

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Amd §§28 & 29-a, add §§28-b & 29-k, Exec L

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Relates to the length of time of a state disaster emergency declaration; requires the governor to transmit a weekly report to the legislature during a state disaster emergency; relates to the communication between the governor and parties affected by a suspension of laws during a state disaster emergency.

Go to top S05102 Actions:

BILL NOS05102 

&nbsp

02/19/2025REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS

01/07/2026REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS

Go to topS05102 Committee&nbspVotes:

Go to topS05102 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS05102 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5102

 2025-2026 Regular Sessions

 IN SENATE

 February 19, 2025
 ___________

 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:

 1 Section 1. Subdivision 3 of section 28 of the executive law, as added
 2 by chapter 640 of the laws of 1978 and as renumbered by chapter 708 of
 3 the laws of 1981, is amended to read as follows:
 4 3. The executive order shall include a description of the disaster,
 5 and the affected area. Such order or orders shall remain in effect for a
 6 period not to exceed [six months] thirty days or until rescinded by the
 7 governor, whichever occurs first, except in accordance with subdivision
 8 three of section twenty-eight-b of this article. The governor [may
 9 issue] shall request additional orders to extend the state disaster
 10 emergency for additional periods not to exceed [six months] thirty days.
 11 § 2. The executive law is amended by adding a new section 28-b to read
 12 as follows:
 13 § 28-b. Term of state disaster emergency declaration. 1. The period
 14 for which a declaration of a state disaster emergency, as defined in
 15 paragraph b of subdivision two of section twenty of this article, shall
 16 be for no more than thirty calendar days, except in accordance with
 17 subdivision three of this section. After the thirty day period, if the
 18 governor shall deem it necessary to continue the declaration, the gover-
 19 nor shall seek the approval of the senate and the assembly to continue
 20 such declaration for an additional thirty days. The governor may seek
 21 the approval of the senate and the assembly as many times as is neces-

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03499-01-5

 S. 5102 2

 1 sary to address a state disaster emergency and to continue such a decla-
 2 ration.
 3 2. The governor shall not issue a state disaster emergency declaration
 4 for more than thirty days, except in accordance with subdivision three
 5 of this section.
 6 3. In the event that the governor requests the approval of the senate
 7 and the assembly to continue a declaration of a state disaster emergen-
 8 cy pursuant to subdivision one of this section, and the legislature is
 9 not in session, then the governor shall call upon the temporary presi-
 10 dent of the senate and the speaker of the assembly to convene a special
 11 session for the purpose of considering legislative authorization for the
 12 governor to extend the disaster declaration for an additional thirty
 13 days. In the event that the temporary president of the senate and the
 14 speaker of the assembly inform the governor that a quorum of both the
 15 senate and the assembly cannot be met, or in the event that the tempo-
 16 rary