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Borrello Calls On Repeal Of Governor’s Executive Authority

New York’s state of emergency ended Friday, but that does not mean Gov. Andrew Cuomo is done wielding emergency authority.

There are several executive orders issued that have been extended until at least July 5, including Executive Order 202.11, which states any guidance issued by the state Health Department related to prevention and infection control of COVID-19 supersede any prior conflicting guidance issued by the state and any local guidance on those issues.

That’s the reason why New Yorkers will still have to wear masks on public transit, hospitals, nursing homes, correctional facilities and homeless shelters, in accordance with federal guidance. Students and staff still have to wear masks at schools indoors until the end of the school year — though the Department of Health didn’t say Wednesday whether that rule applies for summer school, for example.

The ability to use state agencies to issue COVID-19 directives is rankling state Sen. George Borrello, R-Sunset Bay, who on Thursday called for the state Legislature to return to session and pass a clean repeal of Cuomo’s executive power and executive orders.

“One day after we’re told the governor is ending the state of emergency and ‘giving up’ his emergency powers we learn the governor can still maintain COVID restrictions and directives through state agencies under Executive Order 202. This is power, he granted himself back on March 7, 2020, when he originally declared a state of emergency,” Borrello said. “Executive Order 202 allows the governor to maintain mask mandates and issue other directives through agencies like the Department of Health (DOH). As the governor was telling us the emergency is over, the DOH was issuing an emergency regulation requiring children 2 and up to wear masks in public including in school from pre-K to 12th grade!”

According to the governor’s office, there are 271 suspensions under Executive Order 202 as well as 165 directives under Executive Order 202. All of those are listed as expiring on July 5.

Borrello was one of four state senators to vote against legislation granting the governor unilateral authority on March 3, 2020.

“Let’s face it, after 15 months, the governor is used to wielding unilateral power and he’s reluctant to give it up,” Borrello said. “Absolute power is a habit that’s not easily broken. I’m calling on my colleagues in the Legislature majority for the good of our democracy and the people of the State of New York to step forward, do their duty and finally bring an end to one-man rule. Let’s go back to Albany, act like a co-equal branch of government, and pass a clean repeal of all the governor’s executive power and executive orders.”

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