Provides that local state of emergency orders issued by a chief executive of a county, city, town or village shall not violate section 291 of the executive law providing equality of opportunity of a civil right.
STATE OF NEW YORK
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5485
2025-2026 Regular Sessions
IN ASSEMBLY
February 14, 2025
___________
Introduced by M. of A. FORREST -- read once and referred to the Commit-
tee on Local Governments
AN ACT to amend the executive law, in relation to the issuance of local
state of emergency orders issued by chief executives of a county,
city, town or village
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15 period not to exceed thirty days or until rescinded by the chief execu-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. Following such proclamation and during the
19 continuance of such local state of emergency, the chief executive may
20 promulgate local emergency orders to protect life and property or to
21 bring the emergency situation under control; provided, however, that no
22 such order shall be promulgated or enforced that violates section two
23 hundred ninety-one of this chapter. As illustration, such orders may,
24 within any part or all of the territorial limits of such local govern-
25 ment, provide for:
26 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07379-01-5
