BUFFALO, N.Y. (WBEN) - Will the New York State Legislature vote to rescind any of Governor Andrew Cuomo's executive orders?
Lawmakers have had the ability to override any of the pandemic-related orders since last year. The legislature gained additional oversight on March 5 when they voted to limit some of the governor's powers amid the pandemic. Lawmakers can now review any new executive order concerning the state's coronavirus response.
"Some have expired naturally and haven't be re-upped," State Senator Sean Ryan said. "In order to be re-upped, it would have to go through us. I would caution everybody in Western New York: We're all very happy because vaccinations seem to be arriving but our COVID rates seem to be increasing. We need to stay diligent in the next 60 to 90 days before we reach the high level of vaccinations."
Some executive orders have expired, such as old orders related to housing and non-essential gatherings. However, those expired prior to the legislative oversight. The legislature allowed the extension of private residential outdoor gatherings of up to 25 people and also executive orders related to gyms.
One controversial executive order that remains requires that the purchase of food at a restaurant when purchasing alcohol. The executive order went into effect last July 17. Businesses that defy the order run the risk of having their liquor license suspended.
This executive order is due to expire on April 6.
"I am not interested in upsetting too many executive orders until the vaccination rate goes up in Western New York and Erie County," Ryan said. "Right now, we want to keep a lot of the protections in place until the vaccination rates go up. We're having these discussions amid rising COVID rates in Western New York."
Assemblyman Jonathan Rivera said guidance from the CDC will cause lawmakers to evaluate some of the orders from the governor. However, it's unlikely that the CDC will specifically mention food orders with alcohol.
"I tend not to think it's necessary to hamstring folks to make them buy food or make them not buy food," Rivera said. "I think that if we're going to be on the record saying we're supporting the science of it all, we can't pick and choose. Once the CDC rules on things, we're moving in that direction."
Rivera acknowledged there are some orders from the governor's administration that are based on science while others are "from the gut".
"I'm not truly convinced that buying food should be a requisite," Rivera said. "I don't think the CDC has weighed in on that either."
Messages for comment to Assembly Speaker Carl Heastie and Senate Majority Leader Andrea Stewart Cousins were not returned.
