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Bill > S01749


NY S01749

NY S01749
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
01/14/2021
In Committee
01/05/2022
Crossed Over
Passed
Dead
12/31/2022

Introduced Session

2021-2022 General Assembly

Bill Summary

AN ACT 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; and 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

AI Summary

This bill amends the New York Executive Law to restore legislative checks and balances on the governor's emergency powers. The bill limits the duration of a governor's executive orders suspending laws during a state disaster emergency to 45 days, after which the legislature must authorize any extension. It also requires the governor to specify which counties are affected by any suspension of laws and provide a detailed justification. Additionally, the bill allows county executives or mayors of large cities to request termination of a state of emergency declaration, with the governor required to provide a detailed written explanation if the request is denied. Finally, the bill requires any executive order that impairs certain constitutional rights to provide a process for prompt administrative review and appeal to the state supreme court. Overall, the bill aims to restore checks on the governor's emergency powers and ensure judicial due process for actions affecting fundamental rights.

Committee Categories

Military Affairs and Security

Sponsors (1)

Last Action

REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS (on 01/05/2022)

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