Relates to limiting the power of the governor to give an executive order or otherwise direct an executive agency to take any action that contradicts state law.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5401
SPONSOR: Smith
 
TITLE OF BILL:
An act limiting the power of the governor to give an executive order or
otherwise direct an executive agency to take any action that contradicts
state law; and to repeal certain provisions of the labor law relating
thereto
 
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to prevent the governor from bypassing the
legislature and creating laws on his own, administratively.
 
SUMMARY OF PROVISIONS:
Section 1 of this bill would prohibit the governor from issuing execu-
tive orders or give any direction to any executive agency to take any
action that contradicts current state law.
Section 2 repeals subdivision 6 of section 652 of the labor law.
Section 3 is the effective date.
 
JUSTIFICATION:
The governor has been bypassing the legislature and making laws, via his
commissioners, administratively. The three branches of government exist
to prevent one branch from having too much power. The Governor, in issu-
ing executive orders and creating laws on his own, is effectively
bypassing the entire legislative branch. There is a process where the
legislature plays a role in writing laws. This bill would prevent the
governor from creating laws on his own.
 
PRIOR LEGISLATIVE HISTORY:
2021-2022: A4720 - Referred to Labor
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
5401
2023-2024 Regular Sessions
IN ASSEMBLY
March 10, 2023
___________
Introduced by M. of A. SMITH -- read once and referred to the Committee
on Labor
AN ACT limiting the power of the governor to give an executive order or
otherwise direct an executive agency to take any action that contra-
dicts state law; and to repeal certain provisions of the labor law
relating thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The governor shall not issue any executive order or give
2 any direction to any executive agency to take any action that contra-
3 dicts any current state law.
4 § 2. Subdivision 6 of section 652 of the labor law is REPEALED.
5 § 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01019-01-3