BILL NUMBER: S102
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
upon the approval of the applicable legislative body.
Section two amends section 308 of the Public Health law governing the
powers and duties of local boards of health by requiring orders issued
by such boards to be in effect for a period of five days. Any extensions
of such orders may be made for an additional five days, subject to
approval of the applicable legislative body.
Section three establishes the effective date.
 
JUSTIFICATION:
Chief elected officials are authorized by state law to declare a local
disaster emergency, when such is warranted. Nonetheless, any extension
to such disaster emergency declarations and orders ought not to be made
unilaterally, as they circumvent the legislative process and limit the
input of elected representatives. This bill will better hold local
governments accountable and appropriately limit the scope of disaster
declarations going forward.
 
PRIOR LEGISLATIVE HISTORY:
2023-24: S.85/A.2010 Referred to Veterans, Homeland Security and Mili-
tary Affairs/Referred to local governments
2021-22: S.7545/A.9342 Referred to Veterans, Homeland Security and Mili-
tary Affairs/Referred to local governments
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
Immediately.

Statutes affected:
S102: 24 executive law, 24(1) executive law, 308 public health law