Category: Legislative Memos

In Support of Limiting the Governor’s State of Emergency Powers Over Localities

CONSERVATIVE PARTY of NEW YORK STATE

486 78th Street, Ft. Hamilton Station, NY 11209

(718) 921-2158 Voice  * (718) 921-5268 Fax

 2020 Legislative Memo…

  In Support of Limiting the Governor’s State of Emergency Powers Over Localities

 When New Yorkers were asked to flatten the curve of the horrendous coronavirus crisis by staying home, New Yorkers responded to the call and stayed home.  Government told us what to do.  The legislature gave Governor Andrew Cuomo full control and he proceeded to issue shutdown mandate(s) that have paralyzed the entire state, while the epicenter is and has been New York City.

The recently introduced legislation by the Republican Minority in the NYS Assembly seeks to ensure all future state-of-emergency declarations be done on a county-by-county basis and only remain in place for 30 days, with the possibility of being extend by 15 days by the governor.  Any further extension would require legislative approval.

This bill also allows local county or city leaders to request the state of emergency be lifted from their county; should a governor refuse, this bill requires the governor to explain his decision.

The proposal also reinforces that the US Constitution that provides freedom of speech, assembly, worship in stating that any executive order that prevents any fundamental constitutional right be subject to judicial review.

The Conservative Party urges the passage of this proposed bill immediately.

LM 2020-004