New York Codes, Rules and Regulations › Title 99 - Executive Orders (Andrew M. Cuomo) › Chapter I - EXECUTIVE ORDERS (ANDREW M. CUOMO) › Part 8 - EXECUTIVE ORDERS (ANDREW M. CUOMO), SIGNED FEBRUARY 1, 2021 THROUGH AUGUST 21, 2021 › Section 211 - Declaration of a State Wide Disaster Emergency Due To Gun Violence

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, gun violence poses a serious threat to the health
				  and quality of life of all residents of the state of New York; and
WHEREAS, gun violence is reaching crisis levels: gun violence
				  is the leading cause of premature death in the U.S. and gun injuries total $280
				  billion in healthcare/societal costs annually; and
WHEREAS, since January 2021, gun violence is up 48% in New
				  York City, 22% in Albany, 88% in Buffalo and 95% in Rochester; and
WHEREAS, urban communities in New York State are
				  disproportionately affected by the direct and indirect consequences of gun
				  violence; and
WHEREAS, urban communities in New York State typically
				  experience a spike in gun violence in the summer months; and
WHEREAS, at least 50% of homicides and 55% of nonfatal
				  shootings involve people associated with gangs or more loosely-affiliated
				  "street groups"; and
WHEREAS, the cycle of escalatory gun provides insight into
				  where future shootings will occur which allows an immediate crisis response;
				  and
WHEREAS, the collection and analysis of data from local law
				  enforcement agencies can help target state funds and services needed to reduce
				  gun violence and save lives in communities with high rates of gun-related
				  violence; and
WHEREAS, data collected can be utilized to support proven
				  community violence intervention programs, summer employment opportunities and
				  other investments known to reduce crimes and make our neighborhoods safer;
				  and
WHEREAS, the state has an obligation to act in a manner
				  consistent with the science and data on gun violence in order to prevent
				  imminent and immediate harm to communities across the state; and
WHEREAS, the science and data suggest that deployment of more
				  violence interrupters, and provision of summer employment programs will have an
				  immediate ameliorative effect on the increased violence that has been occurring
				  in these communities; and
WHERAS, it is necessary to suspend certain provisions of law,
				  rule or regulation which would otherwise hamper the efforts of the State to
				  respond to this crisis;
NOW, THEREFORE, I, ANDREW M. CUOMO, Governor of the State of
				  New York, by virtue of the authority vested in me by the Constitution of the
				  State of New York and Section 28 of Article 2-B of the Executive Law, do hereby
				  declare a State-wide disaster emergency effective July 6, 2021, and until
				  further notice across New York State; and
FURTHER, I direct the creation of the Office of Gun Violence
				  Prevention and the creation of the Governor's Council on Gun Violence Reduction
				  and direct all relevant agencies to take appropriate action to protect State
				  property and to assist affected local governments and individuals in responding
				  to and recovering from this disaster, and to provide such other assistance as
				  necessary to protect the public health, welfare and safety.
FURTHER, by virtue of the authority vested in me by Section
				  29-a of Article 2-B of the Executive Law to temporarily suspend or modify any
				  statute, local law, ordinance, order, rule, or regulation, or parts thereof,
				  during a State disaster emergency, if compliance with such would prevent,
				  hinder, or delay action necessary to cope with the disaster emergency or if
				  necessary to assist or aid in coping with such disaster, I hereby suspend the
				  following effective July 6 through August 5, 2021:
* Section 112  of the State Finance Law, so far as it applies
				  to contracts, leases, licenses, permits or any other written agreements that
				  may be entered into for purposes of mitigating such disaster emergency;
* Section 136-a  of the State Finance Law so far as it applies
				  to contracts, leases, licenses, permits or any other written agreements that
				  may be entered into for purposes of mitigating such disaster emergency;
* Section 139-d  of the State Finance Law so far as it applies
				  to contracts, leases, licenses, permits or any other written agreements that
				  may be entered into for purposes of mitigating such disaster emergency;
* Section 139-i  of the State Finance Law so far as it applies
				  to contracts, leases, licenses, permits or any other written agreements that
				  may be entered into for purposes of mitigating such disaster emergency;
* Section 139-j  of the State Finance Law so far as it applies
				  to contracts, leases, licenses, permits or any other written agreements that
				  may be entered into for purposes of mitigating such disaster emergency;
* Section 139-k  of the State Finance Law so far as it applies
				  to contracts, leases, licenses, permits or any other written agreements that
				  may be entered into for purposes of mitigating such disaster emergency;
* Section 163  of the State Finance Law so far as it applies
				  to contracts, leases, licenses, permits or any other written agreements that
				  may be entered into for purposes of mitigating such disaster emergency;
* Section 163-a  of the State Finance Law so far as it applies
				  to contracts, leases, licenses, permits or any other written agreements that
				  may be entered into for purposes of mitigating such disaster emergency;
* Any rules, regulations or guidelines established pursuant
				  to, in conformity with, or for purposes of implementing any of the
				  aforementioned provisions of law;
* Any other provision of any New York State statute, local
				  law, ordinance, orders, rules or regulations, or parts thereof, that may apply
				  to contracts, leases, licenses, permits, program or operational plans, or any
				  other written agreements that may be entered into for purposes of mitigating
				  such disaster emergency; and
* Subdivision twelve of section eight hundred and thirty seven  of the Executive Law is modified insofar as to require that all primary
				  police departments in Gun Involved Violence Elimination (G.I.V.E.)
				  jurisdictions: Albany, Buffalo, Hempstead, Mount Vernon, Nassau County,
				  Newburgh, New York City, Niagara Falls, Poughkeepsie, Rochester, Schenectady,
				  Suffolk County, Syracuse, Troy, Utica, Yonkers, Binghamton City, Jamestown
				  City, Kingston City and Spring Valley Village shall be polled by Division of
				  Criminal Justice Services (DCJS) weekly for the following data: shooting
				  incidents, shooting victims and individuals killed by gun violence. All
				  departments shall be surveyed for the following incident-level data: date,
				  time, location, victim age, victim sex and victim race and where an arrest has
				  been made, perpetrator age, perpetrator sex and perpetrator race.
Signed: Andrew M. Cuomo
Dated: July 6, 2021
Executive Order No. 211.1
Continuing the State Wide Disaster Emergency due to Gun
				  Violence.
WHEREAS, gun violence poses a serious threat to the health
				  and quality of life of all residents of the state of New York; and
WHEREAS, gun violence is reaching crisis levels: gun violence
				  is the leading cause of premature death in the U.S. and gun injuries total $280
				  billion in healthcare/societal costs annually; and
WHEREAS, since January 2021, gun violence is up 48% in New
				  York City, 22% in Albany, 88% in Buffalo and 95% in Rochester; and
WHEREAS, urban communities in New York State are
				  disproportionately affected by the direct and indirect consequences of gun
				  violence; and
WHEREAS, urban communities in New York State typically
				  experience a spike in gun violence in the summer months; and
WHEREAS, at least 50% of homicides and 55% of nonfatal
				  shootings involve people associated with gangs or more loosely-affiliated
				  "street groups"; and
WHEREAS, the cycle of escalatory gun provides insight into
				  where future shootings will occur which allows an immediate crisis response;
				  and
WHEREAS, the collection and analysis of data from local law
				  enforcement agencies can help target state funds and services needed to reduce
				  gun violence and save lives in communities with high rates of gun-related
				  violence; and
WHEREAS, data collected can be utilized to support proven
				  community violence intervention programs, summer employment opportunities and
				  other investments known to reduce crimes and make our neighborhoods safer;
				  and
WHEREAS, the state has an obligation to act in a manner
				  consistent with the science and data on gun violence in order to prevent
				  imminent and immediate harm to communities across the state; and
WHEREAS, the science and data suggest that deployment of more
				  violence interrupters, and provision of summer employment programs will have an
				  immediate ameliorative effect on the increased violence that has been occurring
				  in these communities; and
WHERAS, it is necessary to suspend certain provisions of law,
				  rule or regulation which would otherwise hamper the efforts of the State to
				  respond to this crisis.
NOW, THEREFORE, I, ANDREW M. CUOMO, Governor of the State of
				  New York, by virtue of the authority vested in me by the Constitution and the
				  laws of the State of New York do hereby extend the suspensions and
				  modifications of law as contained in Executive Order 211 through September 4,
				  2021.
Signed: Andrew M. Cuomo
Dated: August 5, 2021