New York S 102: Makes the extension of certain local emergency orders subject to the approval of the local governing body

Bill Text

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S00102 Summary:

BILL NOS00102 

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SAME ASSAME AS A02399

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SPONSORGALLIVAN

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COSPNSRMATTERA, O'MARA, ORTT, STEC

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MLTSPNSR

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Amd §24, Exec L; amd §308, Pub Health L

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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.

Go to top S00102 Actions:

BILL NOS00102 

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01/08/2025REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS

01/07/2026REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS

Go to topS00102 Committee&nbspVotes:

Go to topS00102 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS00102 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 102

 2025-2026 Regular Sessions

 IN SENATE

 (Prefiled)

 January 8, 2025
 ___________

 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.
 LBD00779-01-5

 S. 102 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