Bill
Bill > A01953
NY A01953
NY A01953Restores 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
01/23/2023
In Committee
01/03/2024
01/03/2024
Crossed Over
Passed
Dead
12/31/2024
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
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location | Created |
|---|---|---|
| State Bill Page | https://www.nysenate.gov/legislation/bills/2023/A1953 | 01/23/2023 |
| BillText | https://assembly.state.ny.us/leg/?default_fld=&bn=A01953&term=2023&Summary=Y&Actions=Y&Text=Y&Committee%26nbspVotes=Y&Floor%26nbspVotes=Y#A01953 | 01/23/2023 |
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