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.
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15 period not to exceed thirty days or until rescinded by the chief execu-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.
