New York 2025-2026 Regular Session

New York Assembly Bill A05485

Introduced
2/14/25  
Refer
2/14/25  

Caption

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.

Summary

Bill A05485 amends the executive law to clarify that local state of emergency orders issued by the chief executives of counties, cities, towns, or villages must not violate section 291 of the executive law, which ensures equality of opportunity as a civil right. This legislation aims to provide a safeguard against potential abuses of power during local emergencies, ensuring that emergency measures respect civil rights and liberties. The bill specifies that local emergency orders may be issued to protect life and property but must adhere to the established civil rights framework.

Impact

If enacted, this bill would reinforce the legal framework governing local emergency declarations, ensuring that they align with civil rights protections. It would impact local governments by requiring them to consider civil rights when issuing emergency orders, potentially leading to more cautious and considered responses during crises. This change could also influence how local executives approach emergency management, emphasizing the importance of civil rights in their decision-making processes.

Sentiment

The sentiment around Bill A05485 appears to be generally supportive, as it seeks to balance the need for swift emergency responses with the protection of civil rights. However, there may be some concerns regarding the implications of restricting local executives' powers during emergencies, which could lead to debates about the effectiveness of emergency management in critical situations.

Contention

Notable points of contention may arise from local officials who feel that the bill could limit their ability to respond effectively during emergencies. Some may argue that the requirement to adhere strictly to civil rights provisions could hinder necessary actions in urgent situations. Conversely, civil rights advocates may support the bill as a necessary protection against potential overreach by local authorities during crises.

Companion Bills

No companion bills found.

Previously Filed As

NY S00085

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.

NY A02010

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.

NY S00102

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.

NY A02399

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.

NY SB310

Time limits on local unit of government chief executive officer emergency power proclamations.

NY AB306

Time limits on local unit of government chief executive officer emergency power proclamations.

NY H0268

Amends existing law to provide that executive employees of the state of Idaho shall not be classified employees.

NY S08730

Authorizes the adoption or amendment of comprehensive rezoning plans by cities, villages, and towns prior to the completion of corresponding city, village, or town comprehensive plans.

NY S07853

Permits the village of Croton-on-Hudson to allow the office of assistant village engineer of such village to be held by a person who is not a resident of such village, provided that such person resides within Westchester county or an adjoining county within the state of New York.

NY A08558

Permits the village of Croton-on-Hudson to allow the office of assistant village engineer of such village to be held by a person who is not a resident of such village, provided that such person resides within Westchester county or an adjoining county within the state of New York.

Similar Bills

No similar bills found.