Bill Text: NY A02010 | 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 1-0)

Status: (Introduced) 2024-01-03 - referred to local governments [A02010 Detail]

Download: New_York-2023-A02010-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          2010

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 23, 2023
                                       ___________

        Introduced by M. of A. HAWLEY -- read once and referred to the Committee
          on Local Governments

        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
    23  continuance  of  such  local state of emergency, the chief executive may
    24  promulgate local emergency orders to protect life  and  property  or  to

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00573-01-3
        A. 2010                             2

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