Bill Text: NY S00085 | 2023-2024 | General Assembly | Introduced

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Bill Title: Makes a proclamation extending a local state of emergency issued by the chief executive subject to the approval of the local governing body of the applicable county, city, town or village; provides that all orders issued by a local board of health shall be effective for a period of five days; requires approval by the applicable local governing body for each extension thereof.

Spectrum: Partisan Bill (Republican 5-0)

Status: (Introduced - Dead) 2024-01-03 - REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS [S00085 Detail]

Download: New_York-2023-S00085-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           85

                               2023-2024 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 4, 2023
                                       ___________

        Introduced  by Sens. GALLIVAN, MATTERA, O'MARA, ORTT, STEC -- read twice
          and ordered printed, and when printed to be committed to the Committee
          on Veterans, Homeland Security and Military Affairs

        AN ACT to amend the executive law and the public health law, in relation
          to making the extension of certain local emergency orders  subject  to
          the approval of the local governing body

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The opening paragraph of subdivision 1 of section 24 of the
     2  executive law, as amended by section 5 of part G of chapter  55  of  the
     3  laws of 2012, is amended to read as follows:
     4    Notwithstanding any inconsistent provision of law, general or special,
     5  in  the  event  of  a  disaster, rioting, catastrophe, or similar public
     6  emergency within the territorial limits of any  county,  city,  town  or
     7  village,  or in the event of reasonable apprehension of immediate danger
     8  thereof, and upon a finding by the  chief  executive  thereof  that  the
     9  public  safety is imperiled thereby, such chief executive may proclaim a
    10  local state of emergency within any  part  or  all  of  the  territorial
    11  limits of such local government; provided, however, that in the event of
    12  a  radiological  accident  as  defined  in section twenty-nine-c of this
    13  article, such chief executive may request of the governor a  declaration
    14  of  disaster  emergency.  Such proclamation shall remain in effect for a
    15  period not to exceed thirty days or until rescinded by the chief  execu-
    16  tive,  whichever  occurs first. The chief executive may issue additional
    17  proclamations to extend the state of emergency  for  additional  periods
    18  not  to  exceed  thirty  days,  provided  that each such proclamation to
    19  extend the state of emergency shall be subject to the  approval  of  the
    20  board  of  supervisors or elected county legislative body of the county,
    21  or the local governing body of the city, town or village to  which  such
    22  proclamation  applies.    Following  such  proclamation  and  during the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00573-01-3
        S. 85                               2

     1  continuance of such local state of emergency, the  chief  executive  may
     2  promulgate  local  emergency  orders  to protect life and property or to
     3  bring the emergency  situation  under  control.  As  illustration,  such
     4  orders  may,  within  any  part or all of the territorial limits of such
     5  local government, provide for:
     6    § 2. The opening paragraph of section 308 of the public health law  is
     7  amended and a new subdivision 2 is added to read as follows:
     8    1. Subject to the provisions of this chapter and of the sanitary code,
     9  every local board of health shall:
    10    2.  Notwithstanding  any contrary provision of law, any and all orders
    11  issued by a local board of health pursuant  to  this  chapter  shall  be
    12  effective  for  a  period of five days.   Such local board of health may
    13  extend such orders for additional periods not to exceed five days  each,
    14  provided  that  each  such extension shall be subject to the approval of
    15  the board of supervisors or elected county legislative body of the coun-
    16  ty, or the local governing body of the city, town or village over  which
    17  such local board of health has jurisdiction.
    18    § 3. This act shall take effect immediately.