NY S01117

Bill

Restores the legislative checks and balances to any emergency declaration that exceeds forty-five days; 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; requires a specification and explanation of which municipalities are affected by such suspension of laws.

Introduced
01/10/2023

In Committee
01/03/2024

Crossed Over

Passed

Dead
12/31/2024

Introduced Session

2023-2024 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

AI Summary

This bill amends the Executive Law to restore legislative checks and balances on emergency declarations that exceed 45 days. It limits the Governor's ability to suspend laws during a state disaster emergency, requiring the Governor to specify which counties are affected and provide a detailed justification. The bill also ensures judicial due process rights for any action that impairs fundamental constitutional rights, such as the right to free exercise of religion, freedom of assembly, free speech, and property rights. The Governor must prove the necessity of continuing a state disaster emergency declaration for a specific county or city, and the affected jurisdiction can seek judicial review of the Governor's decision.

Committee Categories

Military Affairs and Security

Sponsors (3)

George Borrello (R)*, Peter Oberacker (R), Tony Palumbo (R),

Last Action

REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS (on 01/03/2024)

Bill Topics

Government Operations

‐ Executive Branch Operations
‐ Intergovernmental Relations
‐ Legislative Branch Operations and Rules

Official Document

https://www.nysenate.gov/legislation/bills/2023/S1117

(3 Companion Bills)

Version:

Document Type	Source Location	Created
State Bill Page	https://www.nysenate.gov/legislation/bills/2023/S1117	01/10/2023
BillText	https://assembly.state.ny.us/leg/?default_fld=&bn=S01117&term=2023&Summary=Y&Actions=Y&Text=Y&Committee%26nbspVotes=Y&Floor%26nbspVotes=Y#S01117	01/10/2023

Bill	Bill Name	Last Action	Type
A01953	Restores the legislative checks and balances to any emergency declaration that exceeds forty-five days; 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; requires a specification and explanation of which municipalities are affected by such suspension of laws.	referred to governmental operations	Same As
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.	REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS	Reintroduced
S03878	Relates to the length of time of a state disaster emergency declaration, requires the governor to transmit a weekly report to the legislature during a state disaster emergency and relates to the communication between the governor and parties affected by a suspension of laws during a state disaster emergency.	REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS	Reintroduced

Bill > S01117

summary

Introduced Session

Bill Summary

AI Summary

Committee Categories

Sponsors (3)

Last Action

Bill Topics

Government Operations

Official Document

bill text

bill summary

bill summary

bill summary