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Bill > A04907


NY A04907

NY A04907
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 affected by such suspension of laws.


summary

Introduced
02/08/2021
In Committee
01/05/2022
Crossed Over
Passed
Dead
12/31/2022

Introduced Session

2021-2022 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 repeals a previous law that gave the governor broad emergency powers during a state disaster emergency. The bill amends the executive law to restore legislative checks and balances on the governor's emergency powers. Specifically, it limits the governor's ability to suspend laws to 30 days, with the possibility of 15-day extensions if authorized by the legislature. The bill also requires the governor to specify which counties are affected by any suspension of laws and provide a detailed explanation for such suspensions. Additionally, the bill allows local chief executives to request the termination of a state disaster emergency declaration and provides for judicial review of the governor's decision to continue the emergency declaration. Finally, the bill requires the governor to provide a process for individuals or entities to challenge the constitutionality of any executive order that impairs fundamental rights.

Committee Categories

Government Affairs

Sponsors (9)

Last Action

held for consideration in governmental operations (on 05/09/2022)

bill text


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