Assembly Actions -
Senate Actions - UPPERCASE
|Jan 04, 2023||
referred to veterans, homeland security and military affairs
Senate Bill S85
2023-2024 Legislative Session
Current Bill Status - In Senate Committee Veterans, Homeland Security And Military Affairs Committee
- In Committee Assembly
- On Floor Calendar Assembly
- Passed Assembly
- Delivered to Governor
- Signed By Governor
2023-S85 (ACTIVE) - Details
- See Assembly Version of this Bill:
- Current Committee:
- Senate Veterans, Homeland Security And Military Affairs
- Law Section:
- Executive Law
- Laws Affected:
- Amd §24, Exec L; amd §308, Pub Health L
- Versions Introduced in 2023-2024 Legislative Session:
2023-S85 (ACTIVE) - Summary
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.
2023-S85 (ACTIVE) - Sponsor Memo
BILL NUMBER: S85 SPONSOR: GALLIVAN TITLE OF BILL: 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 PURPOSE OR GENERAL IDEA OF BILL: This legislation establishes that the local legislative body must approve any renewal of a local state of emergency declared by a County Executive, Town Supervisor, City or Village Mayor. Furthermore, orders issued by a local board of health would be limited to five days in dura- tion, with extensions permitted only upon approval of the applicable local legislative body. SUMMARY OF PROVISIONS: Section 1 amends section 24 of the Executive law governing local state of emergencies to require extensions of a local state of emergency only
2023-S85 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 85 2023-2024 Regular Sessions I N S E N A T E (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: Section 1. The opening paragraph of subdivision 1 of section 24 of the executive law, as amended by section 5 of part G of chapter 55 of the laws of 2012, is amended to read as follows: Notwithstanding any inconsistent provision of law, general or special, in the event of a disaster, rioting, catastrophe, or similar public emergency within the territorial limits of any county, city, town or village, or in the event of reasonable apprehension of immediate danger thereof, and upon a finding by the chief executive thereof that the public safety is imperiled thereby, such chief executive may proclaim a local state of emergency within any part or all of the territorial limits of such local government; provided, however, that in the event of a radiological accident as defined in section twenty-nine-c of this article, such chief executive may request of the governor a declaration of disaster emergency. Such proclamation shall remain in effect for a period not to exceed thirty days or until rescinded by the chief execu- tive, whichever occurs first. The chief executive may issue additional proclamations to extend the state of emergency for additional periods not to exceed thirty days, PROVIDED THAT EACH SUCH PROCLAMATION TO EXTEND THE STATE OF EMERGENCY SHALL BE SUBJECT TO THE APPROVAL OF THE BOARD OF SUPERVISORS OR ELECTED COUNTY LEGISLATIVE BODY OF THE COUNTY, OR THE LOCAL GOVERNING BODY OF THE CITY, TOWN OR VILLAGE TO WHICH SUCH PROCLAMATION APPLIES. Following such proclamation and during the EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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