Assemblyman Angelo Santabarbara and Assemblywoman Marianne Buttenschon have introduced new legislation in the State Assembly that would limit the length of time for a state disaster emergency declaration and require the governor to transmit a weekly report to the legislature during an emergency declaration. The proposal would impose a maximum of 30 days for a disaster declaration and require legislative approval for a continuation of the declaration and the suspension of laws, similar to what is done in other states.

"With the re-opening process now being discussed, this legislation seeks to re-establish the state legislature as a co-equal branch of government, as it should be,” said Assemblyman Santabarbara. “This doesn’t prevent the governor from doing what is necessary to keep the people safe, but it does prevent the use of executive powers to circumvent the Legislature,” Santabarbara said. “During the COVID-19 shut-down, the governor has suspended hundreds of laws through executive orders and much of the re-opening plans have gone forward without enough input from the local families and businesses we represent,” Santabarbara added. “As we move forward with re-opening, we must have safeguards in place to protect the rights of our residents and limit the Governor’s emergency powers if necessary.”

“The New York State Constitution, just as the U.S. Constitution, was established using the principle of separation of powers in order to ensure the three branches of government, including the Legislature, were able to function equally to provide a system of checks and balances. While I applaud the Governor for the work he has done to protect New Yorkers during this COVID-19 pandemic, it is time to address the need to review the Governor’s ability to use Executive Orders during this, and future, emergency and disaster declarations. This legislation is an important step to ensuring the concerns the Legislature hears from their constituents are addressed. The Legislature must be able to play a part and provide input in the important state decisions which have been made to ensure that our constituents are fairly represented. Additionally, weekly reports from State Departments are essential in order to ensure that the Legislature is able to know, understand and articulate all of the steps taken by the Executive to better inform their constituents and to ensure steps are taken to protect them while the Executive is working to resolve matters during a crisis,” Assemblywoman Marianne Buttenschon said.

DETAILS ON THE BILL:

Section 1 – Provides that the governor, through executive order, may establish a state declaration of disaster emergency for no more than 30 days.

Section 2 – Establishes a term of disaster emergency declaration. This period shall be for no more than 30 days. If the governor deems it necessary to extend the declaration, he or she must seek the approval of the Senate and Assembly. Any such approval would be for no more than an additional 30 days. The governor may seek an extension as many times as is deemed necessary. This section also includes a provision for how the governor may proceed in the event that Legislature cannot convene.

Sections 3 and 4 – Prescribes that the governor may only suspend laws for a maximum of 30 days but may seek the approval of the Assembly and Senate for a 30-day extension.

Section 5 – Requires that the governor provide a weekly report to the state legislature on the suspension of laws, executive decisions, and all communications of the governor, his agencies and affected parties in relation to the state disaster emergency declaration.