New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 5 - Executive Orders (George E. Pataki) › Section 5.145 - Executive Order No. 145: Declaring a Disaster in Broome, Delaware, Herkimer, Montgomery, Otsego, Cortland, Chenango, Schoharie and Tioga Counties. [*][DAGGER]

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, beginning on June 27, 2006, and continuing
					 thereafter, a severe storm causing torrential rains has caused flooding and has
					 resulted in fatalities, power outages, personal hardship, damage to residential
					 and commercial properties and the agricultural community, as well as the
					 disruption of vital public transportation and public safety systems and caused
					 emergency evacuations within Broome, Delaware, Herkimer, Montgomery, Otsego,
					 Cortland, Chenango, Schoharie, and Tioga Counties and contiguous areas;
					 and
WHEREAS, this event has resulted in fatalities, power
					 outages, personal hardship and damage to residential and commercial properties
					 and public infrastructure, hampered the movement of medical personnel, stranded
					 motorists, and continues to pose a threat to the public health and
					 safety;
NOW, THEREFORE, I, GEORGE E. PATAKI, 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 find that a disaster has occurred
					 for which the affected local governments are unable to respond adequately.
					 Therefore, pursuant to 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, I hereby
					 declare a State Disaster Emergency effective June 28, 2006, within the
					 territorial boundaries of Broome, Delaware, Herkimer, Montgomery, Otsego,
					 Cortland, Chenango, Schoharie, and Tioga Counties; and
FURTHER, pursuant to Section 29 of Article 2-B of the
					 Executive Law, I direct the implementation of the State Disaster Preparedness
					 Plan and authorize, effective June 28, 2006, the State Emergency Management
					 Office, the Department of Agriculture and Markets, the Department of
					 Transportation, the Thruway Authority, the State Police, the Division of
					 Military and Naval Affairs, the Department of Environmental Conservation, the
					 Department of Health, the State Department of Correctional Services, the Office
					 of Fire Prevention and Control, the Office of Parks, Recreation, and Historic
					 Preservation and other State agencies as necessary, to take appropriate action
					 to protect state property and to assist those 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 and
					 safety.
FURTHER, I have designated John R. Gibb, Director of the
					 State Emergency Management Office (SEMO) as the State Coordinating Officer for
					 this event.
Signed: George E. Pataki
Dated: June 28, 2006
Executive Order No. 145.1
*
[DAGGER]
Declaring a Disaster in Broome, Delaware, Herkimer,
					 Montgomery, Otsego, Cortland, Chenango, Schoharie, Sullivan, Orange, Ulster,
					 Oneida and Tioga Counties.
WHEREAS, beginning on June 27, 2006, and continuing
					 thereafter, a severe storm causing torrential rains has caused flooding and has
					 resulted in fatalities, power outages, personal hardship, damage to residential
					 and commercial properties and the agricultural community, as well as the
					 disruption of vital public transportation and public safety systems and caused
					 emergency evacuations within Broome, Delaware, Herkimer, Montgomery, Otsego,
					 Cortland, Chenango, Schoharie, Sullivan, Orange, Ulster, Oneida and Tioga
					 Counties and contiguous areas; and
WHEREAS, this event has resulted in fatalities, power
					 outages, personal hardship and damage to residential and commercial properties
					 and public infrastructure, hampered the movement of medical personnel, stranded
					 motorists, and continues to pose a threat to the public health and
					 safety;
NOW, THEREFORE, I, GEORGE E. PATAKI, 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 find that a disaster has occurred
					 for which the affected local governments are unable to respond adequately.
					 Therefore, pursuant to 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, I hereby
					 declare a State Disaster Emergency effective June 28, 2006, within the
					 territorial boundaries of Broome, Delaware, Herkimer, Montgomery, Otsego,
					 Cortland, Chenango, Schoharie, Sullivan, Orange, Ulster, Oneida and Tioga
					 Counties and contiguous areas; and
FURTHER, pursuant to Section 29 of Article 2-B of the
					 Executive Law, I direct the implementation of the State Disaster Preparedness
					 Plan and authorize, effective June 28, 2006, the State Emergency Management
					 Office, the Department of Agriculture and Markets, the Department of
					 Transportation, the Thruway Authority, the State Police, the Division of
					 Military and Naval Affairs, the Department of Environmental Conservation, the
					 Department of Health, the State Department of Correctional Services, the Office
					 of Fire Prevention and Control, the Office of Parks, Recreation, and Historic
					 Preservation and other State agencies as necessary, to take appropriate action
					 to protect state property and to assist those 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 and
					 safety.
FURTHER, I have designated John R. Gibb, Director of the
					 State Emergency Management Office (SEMO) as the State Coordinating Officer for
					 this event.
Executive Order No. 145, dated June 28, 2006, is superseded
					 by this Executive Order.
Signed: George E. Pataki
Dated: June 28, 2006
Executive Order No. 145.2
**
Temporary Suspension of Statutory Provisions
					 Regarding Payment of Fees for Duplicate or Replacement Department of Motor
					 Vehicle Documents.
WHEREAS, on June 28, 2006, I issued Executive Order Number
					 145.1 declaring a disaster emergency in the State of New York:
NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State
					 of New York, by virtue of the authority vested in me by the Constitution and
					 Laws of the State of New York, do hereby continue Executive Order No. 145.1,
					 dated June 28, 2006, except that such Executive Order is amended by adding the
					 following provisions:
FURTHER, pursuant to the authority vested in me by Section
					 29-a of Article 2-B of the Executive Law to temporarily suspend specific
					 provisions of any statute, local law, ordinance, 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, and for the purpose of allowing victims of the
					 aforementioned disaster the ability to replace motor vehicle documentation lost
					 in the disaster, I hereby temporarily suspend, from the date of this Executive
					 Order until further notice, the following laws as they apply to residents of
					 the counties of Broome, Chenango, Cortland, Delaware, Fulton, Greene, Hamilton,
					 Herkimer. Madison, Montgomery, Oneida, Orange, Otsego, Rensselaer, Schenectady,
					 Schoharie, Sullivan, Tioga, Tompkins and Ulster, and contiguous areas, who, as
					 determined by the Commissioner of the New York State Department of Motor
					 Vehicles, suffered loss or damage of such documentation as a result of the
					 flooding in those counties and contiguous areas:
Subdivision 3 of Section 401  of the Vehicle and Traffic
					 Law, in so far as it requires payment of a fee for a duplicate or replacement
					 registration certificate or number plate for a motor vehicle or trailer;
Subdivision 3 of Section 410  of the Vehicle and Traffic
					 Law, in so far as it requires payment of a fee for a duplicate or replacement
					 registration certificate or number plate for a motorcycle;
Subdivision 2 of Section 491  of the Vehicle and Traffic
					 Law, in so far as it requires payment of fees for a duplicate or replacement
					 non-driver identification card;
Subdivision 2 of Section 503  of the Vehicle and Traffic
					 Law, in so far as it requires payment of fees for a duplicate or replacement
					 driver's license;
Subdivision (a) of Section 2125  of the Vehicle and Traffic
					 Law, in so far as it requires payment of fees for a duplicate or replacement
					 certificate of title;
Subdivision 4 of Section 2222  of the Vehicle and Traffic
					 Law, in so far as it requires payment of a fee for a duplicate or replacement
					 registration certificate or number plate for a snowmobile;
Subdivision 9 of Section 2251  of the Vehicle and Traffic
					 Law, in so far as it requires payment of a fee for a duplicate or replacement
					 registration certificate or number plate for a vessel;
Subdivision 3 of Section 2261  of the Vehicle and Traffic
					 Law, in so far as it requires payment of a fee for a duplicate or replacement
					 registration certificate or number plate for a limited use vehicle; and
Subdivision 4 of Section 2282  of the Vehicle and Traffic
					 Law, in so far as it requires payment of a fee for a duplicate or replacement
					 registration certificate or number plate for an all terrain vehicle.
Signed: George E. Pataki
Dated: July 13, 2006
Footnotes
* [Superceded by Executive Order
					 No. 145.1 (George E. Pataki),
infra.
]
[DAGGER] [Revoked by Executive
					 Order No. 5 (Eliot Spitzer),
infra.
] [Revoked by Executive
					 Order No. 9 (David A. Paterson),
infra.
] [Revoked by Executive
					 Order No. 2 (Andrew M. Cuomo),
infra.
]
* [Supercedes Executive Order
					 No. 145 (George E. Pataki),
supra.
]
[DAGGER] [Revoked by Executive
					 Order No. 5 (Eliot Spitzer),
infra.
] [Revoked by Executive
					 Order No. 9 (David A. Paterson),
infra.
] [Revoked by Executive
					 Order No. 2 (Andrew M. Cuomo),
infra.
]
** [Revoked by Executive Order
					 No. 5 (Eliot Spitzer),
infra.
] [Revoked by Executive Order No.
					 2 (Andrew M. Cuomo),
infra.
]