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 period not to exceed thirty days or until rescinded by the chief  execu-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

                                                            LBD00573-01-3
 S. 85                               2
 
 continuance of such local state of emergency, the  chief  executive  may
 promulgate  local  emergency  orders  to protect life and property or to
 bring the emergency  situation  under  control.  As  illustration,  such
 orders  may,  within  any  part or all of the territorial limits of such
 local government, provide for:
   § 2. The opening paragraph of section 308 of the public health law  is
 amended and a new subdivision 2 is added to read as follows:
   1. Subject to the provisions of this chapter and of the sanitary code,
 every local board of health shall:
   2.  NOTWITHSTANDING  ANY CONTRARY PROVISION OF LAW, ANY AND ALL ORDERS
 ISSUED BY A LOCAL BOARD OF HEALTH PURSUANT  TO  THIS  CHAPTER  SHALL  BE
 EFFECTIVE  FOR  A  PERIOD OF FIVE DAYS.   SUCH LOCAL BOARD OF HEALTH MAY
 EXTEND SUCH ORDERS FOR ADDITIONAL PERIODS NOT TO EXCEED FIVE DAYS  EACH,
 PROVIDED  THAT  EACH  SUCH EXTENSION SHALL BE SUBJECT TO THE APPROVAL OF
 THE BOARD OF SUPERVISORS OR ELECTED COUNTY LEGISLATIVE BODY OF THE COUN-
 TY, OR THE LOCAL GOVERNING BODY OF THE CITY, TOWN OR VILLAGE OVER  WHICH
 SUCH LOCAL BOARD OF HEALTH HAS JURISDICTION.
   § 3. This act shall take effect immediately.