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Bill > A10546


NY A10546

NY A10546
Restores the legislative checks and balances to any emergency declaration that exceeds forty-five days and ensures judicial due process rights for any action that impairs fundamental constitutional rights by limiting the powers of the governor to suspend laws during a state disaster emergency and requiring a specification and explanation of which municipalities are effected by such suspension of laws.


summary

Introduced
05/28/2020
In Committee
05/28/2020
Crossed Over
Passed
Dead
12/31/2020

Introduced Session

2019-2020 General Assembly

Bill Summary

AN ACT to repeal section 2 of chapter 23 of the laws of 2020, amending the executive law relating to issuing by the governor of any directive necessary to respond to a state disaster emergency; and to amend the executive law, in relation to restoring the legislative checks and balances to any emergency declaration that exceeds forty-five days and ensures judicial due proceeds rights for any action that impairs fundamental constitutional rights

AI Summary

This bill seeks to restore legislative checks and balances on the governor's emergency powers during a state disaster declaration that exceeds 45 days. It repeals a previous law that granted the governor broad authority to suspend laws during such emergencies. The bill amends the Executive Law to limit the governor's suspension powers, requiring the governor to specify which counties are affected and provide justification for each suspension. It also allows county and city leaders to request termination of a state disaster declaration, with the governor required to justify its continuation. Additionally, the bill mandates due process rights, including judicial review, for any executive order that impairs constitutional rights.

Committee Categories

Government Affairs

Sponsors (33)

Last Action

referred to governmental operations (on 05/28/2020)

bill text


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