Assembly Bill A5485

2025-2026 Legislative Session

Provides that local state of emergency orders issued by a chief executive of a county, city, town or village shall not violate section 291 of the executive law providing equality of opportunity of a civil right

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Current Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2025-A5485 (ACTIVE) - Details

Current Committee:
Assembly Local Governments
Law Section:
Executive Law
Laws Affected:
Amd §24, Exec L

2025-A5485 (ACTIVE) - Summary

Provides that local state of emergency orders issued by a chief executive of a county, city, town or village shall not violate section 291 of the executive law providing equality of opportunity of a civil right.

2025-A5485 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5485
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 14, 2025
                                ___________
 
 Introduced  by M. of A. FORREST -- read once and referred to the Commit-
   tee on Local Governments
 
 AN ACT to amend the executive law, in relation to the issuance of  local
   state  of  emergency  orders  issued  by chief executives of a county,
   city, town or village
 
   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. Following such proclamation  and  during  the
 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; PROVIDED, HOWEVER, THAT NO
 SUCH ORDER SHALL BE PROMULGATED OR ENFORCED THAT  VIOLATES  SECTION  TWO
 HUNDRED  NINETY-ONE  OF  THIS CHAPTER. As illustration, such orders may,
 within any part or all of the territorial limits of such  local  govern-
 ment, provide for:
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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