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Bill > A01953


NY A01953

NY 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.


summary

Introduced
01/23/2023
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, and ensure judicial due process rights for any action that impairs fundamental constitutional rights. The key provisions are: 1) The governor can temporarily suspend laws during a state disaster emergency, but any suspension order must specify the affected counties and provide a detailed explanation. Suspensions are limited to 30 days, with the possibility of 15-day extensions if authorized by the legislature. 2) The chief executive of a county or mayor of a city with over 1 million residents can request the governor to terminate a disaster emergency declaration affecting their jurisdiction. The governor must then provide a detailed written justification or the emergency declaration will cease. 3) The bill requires any executive order that impairs certain constitutional rights to provide a process for prompt administrative hearings and judicial review.

Committee Categories

Government Affairs

Sponsors (1)

Last Action

referred to governmental operations (on 01/03/2024)

Bill Topics

Civil Rights, Minority Issues, and Civil Liberties
  • ‐ Freedom of Speech and Religion
Government Operations
  • ‐ Executive Branch Operations
  • ‐ Legislative Branch Operations and Rules

bill text


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