State Legislature passes bill to curtail Cuomo's pandemic powers

State Legislators on Friday approved a bill to reduce Gov. Andrew M. Cuomo's emergency powers. Credit: AP / Hans Pennink
ALBANY — State legislators approved a bill Friday to curtail Gov. Andrew M. Cuomo’s pandemic powers after a rancorous debate that featured a fellow Democrat calling the governor a liar and a Republican mockingly reading aloud passages of the governor’s book about leadership amid COVID-19.
Under the bill, Cuomo would be prohibited from issuing any new directives regarding COVID-19. He would be able to try to renew or modify the nearly 60 still on the books, such as changing restaurant capacity limits. He would have to renew such orders every 30 days.
Also, the Legislature would have the power — for the first time — to revoke a governor’s declaration of an emergency. The Democratic-led Senate approved the bill along party lines, 43-20. The Democratic-led Assembly followed in another party line vote, 107-43.
Legislators, who have been chafing under Cuomo’s near-total control of New York’s pandemic policy, said the one-year anniversary of the first state case of COVID-19 was the right time to scale it back. They also cited some of the ongoing allegations engulfing Cuomo, especially the withholding of data about the number of deaths of nursing home residents from the virus.
"The powers were granted … to allow a swift response to the pandemic when not much was known," said Senate Majority Leader Andrea Stewart-Cousins (D-Yonkers). "In light of recent events, it is clear we need to move to a system of increased oversight, review and verification between the Legislature and executive branch, and also limit the powers granted to the governor."
Republicans have been far more vocal than Democrats about ending Cuomo’s powers. But they called this bill a "sham" because it does not terminate Cuomo’s powers to, say, determine how and when school sports should be allowed.
Or, as Sen. Andrew Lanza (R-Staten Island) put it, the governor would have sway over "all those sorts of things that have aggravated people throughout the year."
The GOP said allowing Cuomo to modifying the dozens of directives still on the books means he will retain most of his power.
Finally, they also said the Legislature should let his powers expire on April 30 as scheduled. But Democrats said that ignores the political reality that Cuomo could use upcoming budget negotiations — the budget is due April 1 — to try to renew his powers.
Republicans said they believed the bill had been watered down because Cuomo claimed on Wednesday that he "worked" with the Legislature on the bill, that "we have an agreement" on it and that he was on board to sign it. But Democrats said that was false.
"Did he lie?" said Sen. Dan Stec (R-Queensbury) during the debate.
"Yes," replied Senate Deputy Majority Leader Michael Gianaris (D-Astoria).
In the other chamber, Assemb. Mark Walczyk (R-Watertown) mockingly read aloud passages of a book Cuomo penned last year about his pandemic leadership. He said the bill amounted to a "pretend" termination of the governor’s powers.
Democrats also said Republicans’ idea of a total repeal of all the Cuomo directives would leave a "patchwork" of local laws governing things such as mask wearing and indoor restaurant gatherings, and lead to a spike in virus cases.
Said Assemb. Deborah Glick (D-Manhattan): "It would create chaos."
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