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Bill > A04451


NY A04451

NY A04451
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
02/04/2025
In Committee
01/07/2026
Crossed Over
Passed
Dead

Introduced Session

2025-2026 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 New York executive law to place more stringent checks and balances on the governor's emergency declaration powers. Specifically, the bill limits emergency declarations to 45 days, after which the state legislature must approve any extension through a concurrent resolution. The bill requires that any executive order suspending laws must specify which individual counties are affected and provide a detailed explanation for why such suspension is necessary. Additionally, the bill introduces new provisions that allow county executives or mayors of large cities to request termination of a state disaster emergency, and if the governor denies such a request, the local official can seek judicial review. The bill also mandates that any executive order that potentially impairs fundamental constitutional 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 state emergency declarations, preventing potential overreach of executive power during crisis situations.

Committee Categories

Government Affairs

Sponsors (7)

Last Action

referred to governmental operations (on 01/07/2026)

bill text


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