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Coronavirus in New York: Cuomo administration gets $40M, more power to respond

Jon Campbell
New York State Team

ALBANY – New York lawmakers voted late Monday to put $40 million toward the state's coronavirus response, approving the bill despite concern over a measure granting Gov. Andrew Cuomo wide-ranging authority to suspend laws in a crisis.

The state Legislature overwhelmingly passed the bill about a day after the state announced its first confirmed case of the 2019 coronavirus disease, the newly discovered respiratory illness that has rapidly spread to more than 50 countries across the globe.

Cuomo signed the measure into law Tuesday after announcing the second case was confirmed in New York, this one in Westchester County.

More:Coronavirus hits New York: Why leaders are preaching calm and what precautions are being taken

The bill will allow the state to put $40 million toward any services and expenses related to the outbreak of COVID-19, as the disease is known.

The funding portion of the bill was relatively non-controversial among the state Assembly and Senate, which approved the bill in the late-night hours after a lengthy debate.

But several lawmakers voted for the measure despite taking issue with provisions that broadened Cuomo's power to act during official state disasters beyond the coronavirus.

More:Coronavirus in New York: Westchester man has state's second confirmed case

Under the bill, Cuomo will be allowed to suspend entire laws and local ordinances while the state is responding to certain emergencies — including terrorist attacks, hurricanes, tornadoes and disease outbreaks — or the "imminent threat" of one.

"We could continue to debate whether or not there is an overreach of power," said Senate Majority Leader Andrea Stewart-Cousins, D-Yonkers. "But the reality is our state and our nation continues to look for leadership and we probably better than most places have the ability to act."

More:Coronavirus: New York gets approval to begin COVID-19 testing in state lab immediately

Late-night coronavirus vote follows weekend negotiations

Gov. Andrew M. Cuomo signs coronavirus legislation during a ceremony in the Red Room at the State Capitol on March 3, 2020

Late last week, Cuomo first proposed setting aside $40 million for the state's coronavirus response, arguing it was a matter of when, not if, the state would see confirmed cases.

His office negotiated with Senate and Assembly leaders over the weekend, pushing for a bill that would give him broader emergency authority. Previously, Cuomo could only suspend specific provisions of state law only after a disaster event had occurred.

By late Monday night, Cuomo and legislative leaders reached a deal that would grant him the broader power, allowing him to act when the state is facing an imminent threat.

The measure won't be permanent: It's set to expire April 30, 2021. And lawmakers will be able to pass a resolution rescinding any actions Cuomo takes under the new law if they find them objectionable.

More:Coronavirus: Voluntary quarantine rules applied to about 700 travelers who returned to NY from China

Lawmakers of both parties raised concern about Cuomo's new power, questioning why it was necessary to give him more authority for emergencies unrelated to the coronavirus.

A vast majority of lawmakers, however, ultimately voted for the bill. The Senate voted 53-4 in favor of the measure around 9:15 p.m. Monday, with the Assembly unofficially voting 120-12 just after midnight Tuesday.

Senate Minority Leader John Flanagan, R-Suffolk County, said the problem with the bill was "not its goal," but rather "how we get there." 

Still, he voted in favor of it.

"This changes New York state law radically — not superficially, not marginally, not even subliminally," Flanagan said. "The governor is being given far more power and authority than he’s ever had. The governor is being given far more power than he deserves."


Why a late-night vote?

Gov. Andrew Cuomo and Mayor Bill de Blasio discuss the state and city's preparedness for the spread of the coronavirus, Monday, March 2, 2020, in New York.

Republican lawmakers questioned why the bill was put to a vote late at night Monday, with rank-and-file legislators given just a few hours to review the bill before they voted.

Cuomo issued what's known as a "message of necessity" Monday night, which allows him to waive the required three-day waiting period between when a bill is introduced and when it's eligible for a vote.

The waiver was meant to allow the state to act more quickly to prevent the coronavirus disease from spreading.

Some lawmakers weren't convinced.

“What harm would be done if we waited until Wednesday and get some time to speak to some experts and the constituents we represent?" said Assemblyman Kieran Michael Lalor, R-Fishkill, Dutchess County. "What is the harm in waiting?”



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