Section 29-A. Suspension of other laws  


Latest version.
  • 1.   Subject  to  the  state
      constitution,  the  federal  constitution  and  federal   statutes   and
      regulations,  and  after  seeking  the  advice  of  the  commission, 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.
        2. Suspensions pursuant to subdivision one of this  section  shall  be
      subject to the following standards and limits:
        a.  no suspension 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 shall be made which does not safeguard the health and
      welfare of the public and which  is  not  reasonably  necessary  to  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 shall provide for the  minimum  deviation
      from  the requirements of the statute, local law, ordinance, order, rule
      or regulation suspended  consistent  with  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 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.