The Assembly Minority Conference today issued a letter to legislative leaders calling for action regarding Gov. Cuomo’s improper extension of emergency powers beyond statutory limits during the COVID-19 pandemic. The Conference also called for the immediate passage of bill A.10546, which would limit the governor’s power and dramatically increase local authority during future emergencies.

Chapter 23 of the Laws of 2020 appropriated a $40 million allocation to prepare for the COVID outbreak and authorized an expansion of executive emergency authorities to include “disease outbreak.” However, the law clearly indicates that the governor does not have the ability to extend orders for more than 30 days. The letter states:

“While the law granted the governor the ability to issue emergency directives, it did not empower him with the statutory authority to extend directives for an additional 30 days, which is permitted for the suspensions of laws. Therefore, we are calling on you to review the legal authority granted to the governor and seek input from legislative colleagues on how to proceed in the best interest of all New Yorkers.”

Minority Conference members urged Assembly Speaker Carl Heastie, Senate Majority Leader Andrea Stewart-Cousins and Senate Minority Leader Robert Ortt to take action to restore full legislative authorities at the first possible opportunity, whether it be in a special session or on the first day of the 2021 Legislative Session.  

“This has been a year that none of us will forget. You, and all the members of the Legislature, have worked tirelessly to provide help to so many constituents in crisis. Those efforts will certainly continue as we move into the new session and new calendar,” the letter concludes.

A full copy of the letter is available here.