New York S 1435: Restores the legislative checks and balances to any emergency declaration that exceeds 45 days and ensures judicial due process rights for any action that impairs fundamental constitutional rights

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S01435 Summary:

BILL NOS01435 

&nbsp

SAME ASSAME AS A04451

&nbsp

SPONSORBORRELLO

&nbsp

COSPNSROBERACKER, PALUMBO

&nbsp

MLTSPNSR

&nbsp

Amd §29-a, Exec L

&nbsp

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.

Go to top S01435 Actions:

BILL NOS01435 

&nbsp

01/09/2025REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS

01/07/2026REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS

Go to topS01435 Committee&nbspVotes:

Go to topS01435 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS01435 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 1435

 2025-2026 Regular Sessions

 IN SENATE

 January 9, 2025
 ___________

 Introduced by Sens. BORRELLO, OBERACKER, PALUMBO -- read twice and
 ordered printed, and when printed to be committed to the Committee on
 Veterans, Homeland Security and Military Affairs

 AN ACT to amend the executive law, in relation to restoring the legisla-
 tive 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

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Section 29-a of the executive law, as added by chapter 640
 2 of the laws of 1978, subdivision 1 as amended by section 7 of part G of
 3 chapter 55 of the laws of 2012, is amended to read as follows:
 4 § 29-a. Suspension of other laws. 1. a. Subject to the state constitu-
 5 tion, the federal constitution and federal statutes and regulations, the
 6 governor may by executive order temporarily suspend specific provisions
 7 of any statute, local law, ordinance, or orders, rules or regulations,
 8 or parts thereof, of any agency during a state disaster emergency, if
 9 compliance with such provisions would prevent, hinder, or delay action
 10 necessary to cope with the disaster.
 11 b. Every order directing the temporary suspension of any statute,
 12 local law, ordinance, or order, rule or regulation, shall specify the
 13 individual county or counties to be affected by such order and shall
 14 provide a detailed explanation and rationale that states with particu-
 15 larity the facts, circumstances, demographics, and conditions of each
 16 such county that justifies the issuance of such an order related to such
 17 county.
 18 2. Suspensions pursuant to subdivision one of this section shall be
 19 subject to the following standards and limits:
 20 a. no suspension shall be made for a period in excess of thirty days,
 21 provided, however, that upon reconsideration of all of the relevant
 22 facts and circumstances, the governor may extend the suspension for any

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04490-01-5

 S. 1435 2

 1 specified county or counties for an additional [periods] period not to
 2 exceed [thirty] fifteen days [each]. At the end of such period, all
 3 suspensions shall terminate and be of no further force or effect unless
 4 the legislature, by concurrent resolution, authorizes an extension by
 5 the governor for a specified county or counties, for a period not to
 6 exceed an additional thirty days; provided that the legislature may
 7 authorize multiple extensions if it deems necessary;
 8 b. no suspension shall be made which does not safeguard the health and
 9 welfare of the public and which is not reasonably necessary to the
 10 disaster effort;
 11 c. any such suspension order shall specify the statute, local law,
 12 ordinance, order, rule or regulation or part thereof to be suspended and
 13 the terms and conditions of the suspension;
 14 d. the order may provide for such suspension only under particular
 15 circumstances, and may provide for the alteration or modification of the
 16 requirements of such statute, local law, ordinanc