Signed by Governor Andrew Cuomo

Vote Smart's Synopsis:

Vote to pass a bill that limits the governor's pandemic emergency powers.

Highlights:

• Defines "public health directive related to managing the COVID-19 pandemic", as a directive certified in the sole discretion of the commissioner of health to address the spread and/or reduction of the COVID-19 virus, facilitate vaccine distribution or administration, or require the use of face coverings (Sec. 1-2.1).

• Specifies that it is time to restore the pre-pandemic balance of power of the governor and legislature, and to continue to move forward with the response and recovery while maintaining the authority of public-health focused directives taken by the Governor, with reasonable limitations, during the possibly waning days of the pandemic (Sec. 1).

• Authorizes the governor to extend or modify any directive, by executive order, that has been issued and remains in effect on the effective date of this act for additional 30 day increments in a manner provided for in this section, provided that the purpose of extending or modifying the directive is to issue a public health directive related to managing the COVID-19 pandemic (Sec. 1-2.a).

• Requires the governor to notify including via electronic means the relevant committee chairs in the assembly and senate and the speaker of the assembly and temporary president of the senate of his or her intent to extend or modify any directive no later than 5 days prior to the extension or modification of the directive (Sec. 1-2.b).

• Prohibits any directive from being extended or modified to the extent that it prohibits the adoption by any municipality of this state a local executive order within such municipality's existing power except where such an order conflicts with any executive order issued by the state (Sec. 1-2.e).

• Requires within 15 days of the effective date of this section all current suspensions and directives authorized pursuant to executive orders 202 and 205 of 2020 and this act will be posted on the website for the office of the governor in a searchable format, and will include, but not be limited to (Sec. 1-3.a):

• The disaster emergency that such suspension and directives pertain to;

• The subject category or area affected;

• A summary of the provisions suspended or modified;

• The order's expiration date;

• The entity responsible for enforcing such provisions; and

• In the case of a directive extended or modified pursuant to the provisions of this act, the need for extension or modification of such directive and the threat to the public health or safety that requires the extension or modification.

• Specifies nothing contained herein will be construed to diminish or repeal any statutory or regulatory authority to exercise emergency powers that existed prior to the enactment of this act (Sec. 1-4).

• Authorizes the legislature to terminate at any time a state disaster emergency issued under this section by concurrent resolution (Sec. 1-5).

Full Bill Text