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Bill > S08466


NY S08466

NY S08466
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
06/03/2020
In Committee
06/03/2020
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 restores legislative checks and balances on the governor's emergency powers. It repeals a provision that allowed the governor to issue directives during a state disaster emergency without legislative oversight. The bill amends the Executive Law to limit the governor's ability to suspend laws during an emergency to 30 days, with the possibility of 15-day extensions if approved by the legislature. It also requires the governor to specify which counties are affected by any law suspensions and provide a detailed justification. The bill provides a process for local officials to request termination of a state of emergency, with the governor required to provide a written explanation if the request is denied. It also requires the governor to establish the need for continuing emergency orders that impair constitutional rights, subject to judicial review.

Committee Categories

Military Affairs and Security

Sponsors (1)

Last Action

REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS (on 06/03/2020)

bill text


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