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Governor Andrew M. Cuomo

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Proclamation

Continuing The Suspension of Certain Provisions of Law

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WHEREAS, on October 26, 2012, I issued Executive Order Number 47 declaring a disaster emergency in all 62 counties in the State of New York; and

 

WHEREAS, Section 29-a of the Executive Law authorizes the suspension, alteration or modification of statutes, local laws, ordinances, orders, rules or regulations, or parts thereof, if compliance with such provisions would prevent, hinder or delay action necessary to cope with a disaster emergency; and

 

WHEREAS, on October 31, 2012, I issued Executive Order Number 49 to, among other things, suspend provisions of the Vehicle and Traffic Law to allow out of state vehicles to aid in disaster recovery, and which will expire on November 30, 2012; and

 

WHEREAS, on October 31, 2012, I issued Executive Order Number 50 to, among other things, suspend provisions of the Vehicle and Traffic Law to allow faster repair of highways and bridges, and which will expire on November 30, 2012; and

 

WHEREAS, on October 31, 2012, I issued Executive Order Number 51 to, among other things, suspend provisions relating to residences and businesses affected by the State disaster emergency, and which will expire November 30, 2012; and

 

WHEREAS, on October 31, 2012, I issued Executive Order Number 52 to, among other things, suspend deadlines for certain criminal processes and appeals, and which will expire on November 25, 2012; and

 

WHEREAS, on November 2, 2012, I issued Executive Order Number 56 to, among other things, suspend and modify provisions relating to the State Office for the Aging, and which will expire on November 25, 2012; and

 

WHEREAS, on November 3, 2012, I issued Executive Order Number 57 to, among other things, suspend provisions of the Education Law relating to dialysis services, and which will expire on December 3, 2012; and

 

WHEREAS, on November 3, 2012, I issued Executive Order Number 58 to, among other things, suspend provisions regarding the certification of donated water, and which will expire on December 3, 2012; and

 

WHEREAS, on November 3, 2012, I issued Executive Order Number 59 to, among other things, suspend provisions relating to limitations on motor and home heating fuel, and which will expire on December 3, 2012; and

 

WHEREAS, on November 3, 2012, I issued Executive Order Number 60 to, among other things, suspend provisions of the Criminal Procedure Law and the Penal Law relating to the powers of certain security guards, and which will expire on November 25, 2012; and

 

WHEREAS, on November 5, 2012, I issued Executive Order Number 64 to, among other things, suspend and modify provisions of the Public Health Law and the Education Law relating to home health care, and which will expire on November 25, 2012; and

 

WHEREAS, on November 7, 2012, I issued Executive Order Number 65 to, among other things, suspend and modify statutes and regulations relating to the transportation of school children in New York City, and which will expire on December 7, 2012; and

 

WHEREAS, on November 8, 2012, I issued Executive Order Number 66 to, among other things, suspend and modify statutes and regulations relating to emergency shelter, and which will expire on November 25, 2012 ; and

 

WHEREAS, on November 8, 2012, I issued Executive Order Number 67 to, among other things, suspend and modify statutes and regulations relating to the Supplemental Nutrition Assistance Program, and which will expire on November 25, 2012; and

 

WHEREAS, on November 9, 2012, I issued Executive Order Number 68 to, among other things, suspend and modify statutes and regulations to expand access to tetanus immunizations, and which will expire on November 25, 2012; and

 

WHEREAS, on November 11, 2012, I issued Executive Order Number 71 to, among other things, suspend and modify statutes and regulations relating to services provided to individuals with developmental disabilities, mental illnesses and alcohol and substance abuse disorders, and which will expire on November 25, 2012; and

 

WHEREAS, on November 11, 2012, I issued Executive Order Number 72 to, among other things, suspend and modify health statutes and regulations, and which will expire on November 25, 2012; and

 

WHEREAS, on November 20, 2012, I issued Executive Order Number 77 to, among other things, suspend and modify provisions of the Insurance Law, and which will expire on November 25, 2012; and

 

WHEREAS, on November 20, 2012, I issued Executive Order Number 78 to, among other things, suspend provisions related to child and family welfare, child day care, juvenile justice, runaway and homeless youth, adult protective services, and residential and non-residential care for victims of domestic violence, and which will expire on November 25, 2012; and

 

WHEREAS, on November 20, 2012, I issued Executive Order Number 79 to, among other things, suspend provisions relating to state contracts and for the repair of state facilities, and which will expire on November 25, 2012; and

 

WHEREAS, Section 29-a of the Executive Law provides that no suspension of laws 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 suspension may be extended for additional thirty-day periods; and

 

NOW, THEREFORE, I, ANDREW M. CUOMO, Governor of the State of New York, by virtue of the authority vested in me by Section 29-a of Article 2-B of the Executive Law, and after having reconsidered all of the relevant facts and circumstances, do hereby order the following:

 

 

The suspension of provisions of law ordered by Executive Order Number 52 shall continue through December 25, 2012, except that the provision suspending Sections 30.10 and 30.30 of the Criminal Procedure Law shall not be continued;

 

The suspension of provisions of law ordered by Executive Order Numbers 56, 60, 64, 66, 67, 68, 71, 72, 77, 78 and 79 shall continue through December 25, 2012;

 

The suspension of provisions of law ordered by Executive Order Numbers 49, 50 and 51 shall continue through December 30, 2012;

 

The suspension of provisions of law ordered by Executive Order Numbers 57, 58 and 59 shall continue through January 3, 2013;

 

And the suspension of provisions of law ordered by Executive Order Number 65 shall continue through January 7, 2013.

 

G I V E N under my hand and the Privy Seal of the State in the City of Albany this twentieth day of November in the year two thousand twelve.

 

BY THE GOVERNOR

 

Secretary to the Governor

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