Document Citation: 9 NYCRR 5.145

Header:
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)


Date:
08/31/2009

Document:

ยง 5.145 Executive Order-No. 5.145: Declaring a Disaster in Broome, Delaware, Herkimer, Montgomery, Otsego, Cortland, Chenango, Schoharie and Tioga Counties [Superceded by Executive Order No. 145.1 (George E. Pataki), infra.]

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. PatakiDated: June 28, 2006

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. PatakiDated: June 28, 2006

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