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Ex. DUT-NY-010 Standing duty Primary source read

N.Y. Executive Law § 29-a (suspension of other laws; directives)

Suspension of other laws

New York State Legislature (Executive Law, article 2-B, State and Local Natural and Man-made Disaster Preparedness) · New York (State)

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The record

Jurisdiction
New York
Level
State
Authority
N.Y. Const. art. IV, § 3 (executive power); police power; L. 1978, ch. 640, as amended by L. 2012, ch. 55, pt. G, § 7, L. 2020, ch. 23 and L. 2021, ch. 71
Issued
2020-03-03 Mar. 3, 2020
Effective
standing; the March 3, 2020 to March 7, 2021 directive power is in Exs. NY-080 and NY-081 (read as 2020-03-03)
End
standing (read as 2021-09-30)
In force
Standing since Mar. 3, 2020 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Emergency declarationStanding duty
Addressees
  • persons generally; every business, employer and owner or person in control of premises addressed by a directive; State agencies and political subdivisions
Character
order penalty
Collection
Standing duties: New York DUT-NY

Operative words

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.... 3. Such suspensions shall be effective from the time and in the manner prescribed in such orders

Penalty

As recited in the directives: Public Health Law § 12 civil penalties (EO 202.6, Ex. NY-003) and § 12-b(2) criminal penalties (EO 202.14, Ex. NY-016); § 29-a(4): the Legislature may terminate executive orders by concurrent resolution

What it required

Gave every executive order in the 202 and 205 series legal effect 'from the time and in the manner prescribed in such orders'; with the chapter 23 of 2020 addition ('The governor, by executive order, may issue any directive during a state disaster emergency declared in the following instances:... epidemic, disease outbreak... Any such directive must be necessary to cope with the disaster and may provide for procedures reasonably necessary to enforce such directive', Ex. NY-080) it made every directive to businesses and persons a command of law, enforced through Public Health Law §§ 12 and 12-b as the directives themselves recited.

Retrieval note

The saved text is the standing section as it read before March 3, 2020 and again after the chapter 23 amendments were repealed (the mirror's text is dated 'updated Mar. 12, 2021'). The directive clause of chapter 23 of 2020, § 2 (Ex. NY-080: '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, 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.') was to 'expire and be deemed repealed April 30, 2021' (ch. 23, § 4); chapter 71 of 2021 (Ex. NY-081, Mar. 7, 2021) repealed it 'immediately, provided however, any directive issued pursuant to this chapter in effect at the time of such repeal shall be per[mitted to continue]' and let the Governor 'extend or modify any directive, by executive order, that has been issued and remains in effect on the effective date of this act for additional 30 day increments... provided that the purpose of extending or modifying the directive is to issue a public health directive related to managing the COVID-19 pandemic,' with five days' notice to the Legislature. EO 210 (Ex. NY-049) rescinded the 202 and 205 series effective June 25, 2021.