Bill > S01435

This bill amends New York's Executive Law to add significant checks and balances to the governor's emergency powers during a state disaster emergency. Specifically, the bill limits the duration of emergency orders to 45 days and requires legislative approval for any extension beyond that period. It mandates that any executive order suspending laws must specify which individual counties are affected and provide a detailed explanation of why such suspension is necessary, including specific facts and circumstances for each county. The bill introduces new provisions allowing county executives or mayors of large cities to request termination of a state disaster emergency, and if the governor denies such a request, the county or city can seek judicial review. Moreover, the bill requires that any executive order impairing fundamental constitutional rights (such as freedom of religion, assembly, speech, or property rights) must include a built-in process for individuals to challenge the order, including the right to an administrative hearing and subsequent appeal to the supreme court. These changes aim to ensure greater transparency, accountability, and protection of individual rights during emergency declarations, preventing potential abuse of gubernatorial emergency powers while maintaining flexibility to respond to critical situations.

Military Affairs and Security

https://www.nysenate.gov/legislation/bills/2025/S1435