NY State Assembly Bill 2023-A8053A

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 04, 2024	print number 8053b
Jun 04, 2024	amend (t) and recommit to governmental operations
Jan 17, 2024	print number 8053a
Jan 17, 2024	amend and recommit to governmental operations
Jan 03, 2024	referred to governmental operations
Sep 27, 2023	referred to governmental operations

Bill Amendments

Original

B (Active)

co-Sponsors

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2023-A8053 - Details

Current Committee:: Assembly Governmental Operations
Law Section:: Public Health Law
Laws Affected:: Amd §2180, add §2184, Pub Health L

2023-A8053 - Summary

Establishes the COVID-19 pandemic response study commission to conduct a study of the state's response to the COVID-19 pandemic; provides for the repeal of such commission upon the completion of the commission's final report.

2023-A8053 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8053
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                            September 27, 2023
                                ___________
 
 Introduced  by M. of A. GONZALEZ-ROJAS, PAULIN -- read once and referred
   to the Committee on Governmental Operations
 
 AN ACT to amend the public health law, in  relation  to  establishing  a
   COVID-19 pandemic response study commission
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 2180 of the public health law is amended by  adding
 two new subdivisions 14 and 15 to read as follows:
   14. "COVID-19 PANDEMIC" MEANS THE PANDEMIC OF COVID-19 BEGINNING IN OR
 ABOUT FEBRUARY, TWO THOUSAND TWENTY.
   15. "COMMISSION" MEANS THE COVID-19 PANDEMIC RESPONSE STUDY COMMISSION
 ESTABLISHED  PURSUANT  TO SECTION TWENTY-ONE HUNDRED EIGHTY-FOUR OF THIS
 TITLE.
   § 2. The public health law is amended by adding a new section 2184  to
 read as follows:
   §  2184.  COVID-19 PANDEMIC RESPONSE STUDY COMMISSION. 1. (A) THERE IS
 HEREBY ESTABLISHED IN THE DEPARTMENT A COVID-19 PANDEMIC RESPONSE  STUDY
 COMMISSION TO STUDY THE STATE'S RESPONSE TO THE COVID-19 PANDEMIC AND TO
 MAKE RECOMMENDATIONS.
   (B) THE COMMISSION SHALL CONSIST OF SIXTEEN VOTING MEMBERS AS FOLLOWS,
 AFTER  RECEIVING THE RECOMMENDATIONS RECEIVED BY THE COMMISSIONER PURSU-
 ANT TO PARAGRAPH (C) OF THIS SUBDIVISION: EIGHT SHALL  BE  APPOINTED  BY
 THE  GOVERNOR,  ONE  OF  WHOM SHALL BE DESIGNATED BY THE GOVERNOR AS THE
 CHAIR OF THE COMMISSION; THREE SHALL BE APPOINTED BY THE TEMPORARY PRES-
 IDENT OF THE SENATE; THREE SHALL BE APPOINTED  BY  THE  SPEAKER  OF  THE
 ASSEMBLY;  ONE SHALL BE APPOINTED BY THE SENATE MINORITY LEADER; AND ONE
 SHALL BE APPOINTED BY THE ASSEMBLY MINORITY LEADER. AT LEAST HALF OF THE
 APPOINTEES OF EACH APPOINTING OFFICER,  RESPECTIVELY,  SHALL  BE  CHOSEN
 FROM  THE  RECOMMENDATIONS OF THE COMMISSIONER PURSUANT TO PARAGRAPH (C)
 OF THIS SUBDIVISION. THE COMMISSIONER AND THE COMMISSIONER OF THE  DIVI-
 SION  OF  HOMELAND  SECURITY AND EMERGENCY SERVICES, OR THEIR RESPECTIVE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13153-01-3

 A. 8053                             2
 
 DESIGNEES, SHALL BE EX OFFICIO NON-VOTING MEMBERS OF THE COMMISSION.  IF
 A VACANCY OCCURS IN THE MEMBERSHIP OF THE COMMISSION, IT SHALL BE FILLED
 BY APPOINTMENT BY THE RESPECTIVE APPOINTING OFFICER.
   (C)  THE COMMISSIONER SHALL CONSULT WITH THE COMMISSIONER OF THE DIVI-
 SION OF HOMELAND SECURITY AND  EMERGENCY  SERVICES,  THE  COUNTY  HEALTH
 COMMISSIONERS,  THE  NEW  YORK  CITY  COMMISSIONER  OF HEALTH AND MENTAL
 HYGIENE, THE LOCAL HEALTH OFFICERS, AND THE  DEANS  OF  THE  SCHOOLS  OF
 PUBLIC  HEALTH  IN  THE  STATE,  TO  SOLICIT  RECOMMENDATIONS (WHICH MAY
 INCLUDE THEMSELVES) FOR APPOINTMENT TO THE COMMISSION. THE  COMMISSIONER
 SHALL  ADVISE  THE  GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE
 SPEAKER OF THE ASSEMBLY, THE SENATE MINORITY  LEADER  AND  THE  ASSEMBLY
 MINORITY  LEADER OF THE RECOMMENDATIONS THE COMMISSIONER RECEIVES PURSU-
 ANT TO THIS PARAGRAPH.
   (D) A MAJORITY OF  THE  MEMBERS  APPOINTED  TO  THE  COMMISSION  SHALL
 CONSTITUTE  A QUORUM TO HOLD A MEETING AND TO CONDUCT OFFICIAL BUSINESS.
 THE COMMISSION SHALL ACT BY THE MAJORITY VOTE OF THE  MEMBERS  APPOINTED
 TO THE COMMISSION.
   (E)  ALL MEMBERS OF THE COMMISSION SHALL BE SELECTED BY THE APPOINTING
 OFFICIALS BASED ON THE MEMBER'S EXPERTISE  AND  EXPERIENCE  IN  RELEVANT
 FIELDS  SUCH AS HEALTH CARE, PUBLIC HEALTH, EMERGENCY PROCUREMENT, EMER-
 GENCY MANAGEMENT, LABOR AND BUSINESS. AT LEAST  ONE  MEMBER  SHALL  HAVE
 EXPERTISE  OR  EXPERIENCE  IN ADDRESSING THE HEALTH CARE NEEDS OF UNDER-
 SERVED COMMUNITIES DISPROPORTIONATELY AFFECTED BY COVID-19.
   (F) MEMBERS OF THE COMMISSION SHALL RECEIVE NO COMPENSATION FOR  THEIR
 SERVICES,  BUT  SHALL  BE  ALLOWED  THEIR  ACTUAL AND NECESSARY EXPENSES
 INCURRED IN THE PERFORMANCE OF THEIR DUTIES UNDER THIS SECTION.  MEMBERS
 OF  THE  COMMISSION  SHALL  NOT BE PRECLUDED FROM HOLDING OTHER STATE OR
 LOCAL GOVERNMENT OFFICE OR EMPLOYMENT.
   (G) THE COMMISSION MAY REQUEST AND SHALL RECEIVE THE ASSISTANCE OF ANY
 FEDERAL, STATE OR LOCAL GOVERNMENT OFFICIAL OR ENTITY  IN  CARRYING  OUT
 ITS FUNCTIONS. THE COMMISSION MAY RECEIVE FINANCIAL SUPPORT FOR CARRYING
 OUT ITS FUNCTIONS FROM ANY FEDERAL, STATE OR NON-PROFIT ENTITY.
   2. (A) THE COMMISSION SHALL STUDY THE RESPONSE TO THE COVID-19 PANDEM-
 IC  BY  STATE AND LOCAL GOVERNMENTS, PUBLIC ENTITIES, HEALTH CARE INSTI-
 TUTIONS AND PROVIDERS, EDUCATIONAL INSTITUTIONS, OTHER INSTITUTIONS  AND
 ENTITIES,  AND  THE  PUBLIC,  INCLUDING,  BUT NOT LIMITED TO: HOSPITALS;
 NURSING HOMES AND OTHER CONGREGATE CARE SETTINGS; THE SHUTDOWN AND RE-O-
 PENINGS OF EDUCATIONAL INSTITUTIONS; POLICIES AND PRACTICES RELATING  TO
 EMPLOYERS,  EMPLOYEES  AND CONSUMERS; RELATIONSHIPS AMONG STATE, FEDERAL
 AND LOCAL GOVERNMENT OFFICIALS AND ENTITIES; EFFECTIVE COMMUNICATION AND
 SHARING OF DATA WITH THE PUBLIC; AND THE POLICIES, STAFFING  AND  EXPER-
 TISE  NEEDED TO PLAN FOR AND RESPOND TO FUTURE PANDEMICS, EPIDEMICS, AND
 PUBLIC EMERGENCIES.
   (B) THE COMMISSION SHALL CONDUCT APPROPRIATE STUDIES AND PUBLIC  HEAR-
 INGS,  INCLUDING  ONE  OR  MORE  HEARINGS  ON  ITS PRELIMINARY REPORT OR
 REPORTS.
   (C) THE COMMISSION SHALL ISSUE ONE OR MORE PRELIMINARY REPORTS OF  ITS
 FINDINGS  AND  RECOMMENDATIONS.  THE  COMMISSION  SHALL  ISSUE THE FIRST
 PRELIMINARY REPORT WITHIN  ONE  YEAR  AFTER  ITS  INITIAL  MEETING.  THE
 PRELIMINARY  REPORT  OR  REPORTS  SHALL  BE  POSTED  ON THE DEPARTMENT'S
 WEBSITE.
   (D) THE COMMISSION SHALL PUBLISH A FINAL REPORT OF  ITS  FINDINGS  AND
 RECOMMENDATIONS  WITHIN  EIGHTEEN  MONTHS  OF ITS INITIAL MEETING, WHICH
 SHALL BE PUBLISHED ON THE DEPARTMENT'S WEBSITE.
   (E) THE COMMISSION'S PROCEEDINGS SHALL BE SUBJECT TO ARTICLES SIX  AND
 SEVEN OF THE PUBLIC OFFICERS LAW.
 A. 8053                             3
 
   (F)  THE  COMMISSION  SHALL  HAVE  THE AUTHORITY TO HIRE EMPLOYEES AND
 EXECUTE CONTRACTS IN EXERCISING ITS FUNCTIONS.
   (G) THE COMMISSION MAY CONDUCT AND SOLICIT RESEARCH AND DATA-GATHERING
 AS IT DEEMS NECESSARY, CONSISTENT WITH APPLICABLE LAW.
   (H)  FOR THE ACCOMPLISHMENT OF ITS PURPOSES, THE COMMISSION SHALL HAVE
 ACCESS TO STATE RECORDS AND DOCUMENTS, INCLUDING CONFIDENTIAL MATERIALS,
 AND SHALL BE ABLE TO INTERVIEW WITNESSES, ISSUE SUBPOENAS AND, BY MAJOR-
 ITY VOTE, REFER MATTERS FOR PROSECUTION. THE  COMMISSION  SHALL  PROTECT
 THE CONFIDENTIALITY OF INDIVIDUAL PATIENT INFORMATION.
   3. THE COMMISSION SHALL EXPIRE AND BE DEEMED REPEALED SIXTY DAYS AFTER
 IT  ISSUES  ITS  FINAL  REPORT, PROVIDED THAT THE GOVERNOR, BY EXECUTIVE
 ORDER, MAY CONTINUE THE EXISTENCE OF THE COMMISSION  AND  ITS  FUNCTIONS
 FOR  ONE  OR MORE FIXED PERIODS. IF THE GOVERNOR CONTINUES THE EXISTENCE
 OF THE COMMISSION, THE COMMISSION MAY ISSUE ADDITIONAL REPORTS.
   § 3. This act shall take effect immediately and shall  expire  and  be
 deemed  repealed  upon  the issuance of the commission's final report as
 required pursuant to subdivision 3 of section 2184 of the public  health
 law,  as  added  by section two of this act; provided, however, that the
 commissioner of health or the commissioner of the division  of  homeland
 security and emergency services shall notify the legislative bill draft-
 ing  commission upon the occurrence of the delivery of the report or the
 continuance of such commission provided for in subdivision 3 of  section
 2184  of  the  public  health law as added by section two of this act in
 order that the commission may maintain an accurate and timely  effective
 data  base  of the official text of the laws of the state of New York in
 furtherance of effectuating the provisions of section 44 of the legisla-
 tive law and section 70-b of the public officers law.

co-Sponsors

View additional co-sponsors

2023-A8053A - Details

Current Committee:: Assembly Governmental Operations
Law Section:: Public Health Law
Laws Affected:: Amd §2180, add §2184, Pub Health L

2023-A8053A - Summary

2023-A8053A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8053--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                            September 27, 2023
                                ___________
 
 Introduced by M. of A. GONZALEZ-ROJAS, PAULIN, HEVESI, LEVENBERG, SIMON,
   DAVILA, SILLITTI -- read once and referred to the Committee on Govern-
   mental  Operations  --  recommitted  to  the Committee on Governmental
   Operations in accordance with Assembly Rule 3,  sec.  2  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  to  amend  the public health law, in relation to establishing a
   COVID-19 pandemic response study commission
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 2180 of the public health law is amended by adding
 two new subdivisions 14 and 15 to read as follows:
   14. "COVID-19 PANDEMIC" MEANS THE PANDEMIC OF COVID-19 BEGINNING IN OR
 ABOUT FEBRUARY, TWO THOUSAND TWENTY.
   15. "COMMISSION" MEANS THE COVID-19 PANDEMIC RESPONSE STUDY COMMISSION
 ESTABLISHED PURSUANT TO SECTION TWENTY-ONE HUNDRED EIGHTY-FOUR  OF  THIS
 TITLE.
   §  2. The public health law is amended by adding a new section 2184 to
 read as follows:
   § 2184. COVID-19 PANDEMIC RESPONSE STUDY COMMISSION. 1. (A)  THERE  IS
 HEREBY  ESTABLISHED IN THE DEPARTMENT A COVID-19 PANDEMIC RESPONSE STUDY
 COMMISSION TO STUDY THE STATE'S RESPONSE TO THE COVID-19 PANDEMIC AND TO
 MAKE RECOMMENDATIONS.
   (B) THE COMMISSION SHALL CONSIST OF SIXTEEN VOTING MEMBERS AS FOLLOWS,
 AFTER RECEIVING THE RECOMMENDATIONS RECEIVED BY THE COMMISSIONER  PURSU-
 ANT  TO  PARAGRAPH  (C) OF THIS SUBDIVISION: EIGHT SHALL BE APPOINTED BY
 THE GOVERNOR, ONE OF WHOM SHALL BE DESIGNATED BY  THE  GOVERNOR  AS  THE
 CHAIR OF THE COMMISSION; THREE SHALL BE APPOINTED BY THE TEMPORARY PRES-
 IDENT  OF  THE  SENATE;  THREE  SHALL BE APPOINTED BY THE SPEAKER OF THE
 ASSEMBLY; ONE SHALL BE APPOINTED BY THE SENATE MINORITY LEADER; AND  ONE
 SHALL BE APPOINTED BY THE ASSEMBLY MINORITY LEADER. AT LEAST HALF OF THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13153-02-3

 A. 8053--A                          2
 
 APPOINTEES  OF  EACH  APPOINTING  OFFICER, RESPECTIVELY, SHALL BE CHOSEN
 FROM THE RECOMMENDATIONS OF THE COMMISSIONER PURSUANT TO  PARAGRAPH  (C)
 OF  THIS SUBDIVISION. THE COMMISSIONER AND THE COMMISSIONER OF THE DIVI-
 SION  OF  HOMELAND  SECURITY AND EMERGENCY SERVICES, OR THEIR RESPECTIVE
 DESIGNEES, SHALL BE EX OFFICIO NON-VOTING MEMBERS OF THE COMMISSION.  IF
 A VACANCY OCCURS IN THE MEMBERSHIP OF THE COMMISSION, IT SHALL BE FILLED
 BY APPOINTMENT BY THE RESPECTIVE APPOINTING OFFICER.
   (C)  THE COMMISSIONER SHALL CONSULT WITH THE COMMISSIONER OF THE DIVI-
 SION OF HOMELAND SECURITY AND  EMERGENCY  SERVICES,  THE  COUNTY  HEALTH
 COMMISSIONERS,  THE  NEW  YORK  CITY  COMMISSIONER  OF HEALTH AND MENTAL
 HYGIENE, THE LOCAL HEALTH OFFICERS, AND THE  DEANS  OF  THE  SCHOOLS  OF
 PUBLIC  HEALTH  IN  THE  STATE,  TO  SOLICIT  RECOMMENDATIONS (WHICH MAY
 INCLUDE THEMSELVES) FOR APPOINTMENT TO THE COMMISSION. THE  COMMISSIONER
 SHALL  ADVISE  THE  GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE
 SPEAKER OF THE ASSEMBLY, THE SENATE MINORITY  LEADER  AND  THE  ASSEMBLY
 MINORITY  LEADER OF THE RECOMMENDATIONS THE COMMISSIONER RECEIVES PURSU-
 ANT TO THIS PARAGRAPH.
   (D) A MAJORITY OF  THE  MEMBERS  APPOINTED  TO  THE  COMMISSION  SHALL
 CONSTITUTE  A QUORUM TO HOLD A MEETING AND TO CONDUCT OFFICIAL BUSINESS.
 THE COMMISSION SHALL ACT BY THE MAJORITY VOTE OF THE  MEMBERS  APPOINTED
 TO THE COMMISSION.
   (E)  ALL MEMBERS OF THE COMMISSION SHALL BE SELECTED BY THE APPOINTING
 OFFICIALS BASED ON THE MEMBER'S EXPERTISE  AND  EXPERIENCE  IN  RELEVANT
 FIELDS  SUCH AS HEALTH CARE, PUBLIC HEALTH, EMERGENCY PROCUREMENT, EMER-
 GENCY MANAGEMENT, LABOR AND BUSINESS. AT LEAST  ONE  MEMBER  SHALL  HAVE
 EXPERTISE  OR  EXPERIENCE  IN ADDRESSING THE HEALTH CARE NEEDS OF UNDER-
 SERVED COMMUNITIES DISPROPORTIONATELY AFFECTED BY COVID-19.
   (F) MEMBERS OF THE COMMISSION SHALL RECEIVE NO COMPENSATION FOR  THEIR
 SERVICES,  BUT  SHALL  BE  ALLOWED  THEIR  ACTUAL AND NECESSARY EXPENSES
 INCURRED IN THE PERFORMANCE OF THEIR DUTIES UNDER THIS SECTION.  MEMBERS
 OF  THE  COMMISSION  SHALL  NOT BE PRECLUDED FROM HOLDING OTHER STATE OR
 LOCAL GOVERNMENT OFFICE OR EMPLOYMENT.
   (G) THE COMMISSION MAY REQUEST AND SHALL RECEIVE THE ASSISTANCE OF ANY
 FEDERAL, STATE OR LOCAL GOVERNMENT OFFICIAL OR ENTITY  IN  CARRYING  OUT
 ITS FUNCTIONS. THE COMMISSION MAY RECEIVE FINANCIAL SUPPORT FOR CARRYING
 OUT ITS FUNCTIONS FROM ANY FEDERAL, STATE OR NON-PROFIT ENTITY.
   2. (A) THE COMMISSION SHALL STUDY THE RESPONSE TO THE COVID-19 PANDEM-
 IC  BY  STATE AND LOCAL GOVERNMENTS, PUBLIC ENTITIES, HEALTH CARE INSTI-
 TUTIONS AND PROVIDERS, EDUCATIONAL INSTITUTIONS, OTHER INSTITUTIONS  AND
 ENTITIES,  AND  THE  PUBLIC,  INCLUDING,  BUT NOT LIMITED TO: HOSPITALS,
 NURSING HOMES,  JAILS,  PRISONS,  OTHER  SECURE  FACILITIES,  AND  OTHER
 CONGREGATE  CARE  SETTINGS;  THE SHUTDOWN AND RE-OPENINGS OF EDUCATIONAL
 INSTITUTIONS; POLICIES AND PRACTICES RELATING  TO  EMPLOYERS,  EMPLOYEES
 AND  CONSUMERS;  RELATIONSHIPS AMONG STATE, FEDERAL AND LOCAL GOVERNMENT
 OFFICIALS AND ENTITIES; EFFECTIVE COMMUNICATION AND SHARING OF DATA WITH
 THE PUBLIC; AND THE POLICIES, STAFFING AND EXPERTISE NEEDED TO PLAN  FOR
 AND RESPOND TO FUTURE PANDEMICS, EPIDEMICS, AND PUBLIC EMERGENCIES.
   (B)  THE COMMISSION SHALL CONDUCT APPROPRIATE STUDIES AND PUBLIC HEAR-
 INGS, INCLUDING ONE OR  MORE  HEARINGS  ON  ITS  PRELIMINARY  REPORT  OR
 REPORTS.
   (C)  THE COMMISSION SHALL ISSUE ONE OR MORE PRELIMINARY REPORTS OF ITS
 FINDINGS AND RECOMMENDATIONS.  THE  COMMISSION  SHALL  ISSUE  THE  FIRST
 PRELIMINARY  REPORT  WITHIN  ONE  YEAR  AFTER  ITS  INITIAL MEETING. THE
 PRELIMINARY REPORT OR  REPORTS  SHALL  BE  POSTED  ON  THE  DEPARTMENT'S
 WEBSITE.
 A. 8053--A                          3
 
   (D)  THE  COMMISSION  SHALL PUBLISH A FINAL REPORT OF ITS FINDINGS AND
 RECOMMENDATIONS WITHIN EIGHTEEN MONTHS OF  ITS  INITIAL  MEETING,  WHICH
 SHALL BE PUBLISHED ON THE DEPARTMENT'S WEBSITE.
   (E)  THE COMMISSION'S PROCEEDINGS SHALL BE SUBJECT TO ARTICLES SIX AND
 SEVEN OF THE PUBLIC OFFICERS LAW.
   (F) THE COMMISSION SHALL HAVE THE  AUTHORITY  TO  HIRE  EMPLOYEES  AND
 EXECUTE CONTRACTS IN EXERCISING ITS FUNCTIONS.
   (G) THE COMMISSION MAY CONDUCT AND SOLICIT RESEARCH AND DATA-GATHERING
 AS IT DEEMS NECESSARY, CONSISTENT WITH APPLICABLE LAW.
   (H)  FOR THE ACCOMPLISHMENT OF ITS PURPOSES, THE COMMISSION SHALL HAVE
 ACCESS TO STATE RECORDS AND DOCUMENTS, INCLUDING CONFIDENTIAL MATERIALS,
 AND SHALL BE ABLE TO INTERVIEW WITNESSES,  AND  ISSUE  SUBPOENAS.    THE
 COMMISSION  SHALL  PROTECT  THE  CONFIDENTIALITY  OF  INDIVIDUAL PATIENT
 INFORMATION.
   3. THE COMMISSION SHALL EXPIRE AND BE DEEMED REPEALED SIXTY DAYS AFTER
 IT ISSUES ITS FINAL REPORT, PROVIDED THAT  THE  GOVERNOR,  BY  EXECUTIVE
 ORDER,  MAY  CONTINUE  THE EXISTENCE OF THE COMMISSION AND ITS FUNCTIONS
 FOR ONE OR MORE FIXED PERIODS. IF THE GOVERNOR CONTINUES  THE  EXISTENCE
 OF THE COMMISSION, THE COMMISSION MAY ISSUE ADDITIONAL REPORTS.
   §  3.  This  act shall take effect immediately and shall expire and be
 deemed repealed upon the issuance of the commission's  final  report  as
 required  pursuant to subdivision 3 of section 2184 of the public health
 law, as added by section two of this act; provided,  however,  that  the
 commissioner  of  health or the commissioner of the division of homeland
 security and emergency services shall notify the legislative bill draft-
 ing commission upon the occurrence of the delivery of the report or  the
 continuance  of such commission provided for in subdivision 3 of section
 2184 of the public health law as added by section two  of  this  act  in
 order  that the commission may maintain an accurate and timely effective
 data base of the official text of the laws of the state of New  York  in
 furtherance of effectuating the provisions of section 44 of the legisla-
 tive law and section 70-b of the public officers law.

co-Sponsors

View additional co-sponsors

2023-A8053B (ACTIVE) - Details

Current Committee:: Assembly Governmental Operations
Law Section:: Public Health Law
Laws Affected:: Amd §2180, add §2184, Pub Health L

2023-A8053B (ACTIVE) - Summary

2023-A8053B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8053--B
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                            September 27, 2023
                                ___________
 
 Introduced by M. of A. GONZALEZ-ROJAS, PAULIN, HEVESI, LEVENBERG, SIMON,
   DAVILA,  SILLITTI,  JENSEN,  MAHER,  K. BROWN, KIM, GALLAGHER, WEPRIN,
   BRABENEC, RAGA, EPSTEIN, SHRESTHA, FORREST, SIMONE --  read  once  and
   referred to the Committee on Governmental Operations -- recommitted to
   the  Committee  on Governmental Operations in accordance with Assembly
   Rule  3,  sec.  2  --  committee  discharged,  bill  amended,  ordered
   reprinted  as  amended  and  recommitted  to  said  committee -- again
   reported from said committee with  amendments,  ordered  reprinted  as
   amended and recommitted to said committee
 
 AN  ACT  to  amend  the public health law, in relation to establishing a
   COVID-19 pandemic response study commission;  and  providing  for  the
   repeal of such provisions upon expiration thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 2180 of the public health law is amended by  adding
 two new subdivisions 14 and 15 to read as follows:
   14. "COVID-19 PANDEMIC" MEANS THE PANDEMIC OF COVID-19 BEGINNING IN OR
 ABOUT FEBRUARY, TWO THOUSAND TWENTY.
   15. "COMMISSION" MEANS THE COVID-19 PANDEMIC RESPONSE STUDY COMMISSION
 ESTABLISHED  PURSUANT  TO SECTION TWENTY-ONE HUNDRED EIGHTY-FOUR OF THIS
 TITLE.
   § 2. The public health law is amended by adding a new section 2184  to
 read as follows:
   §  2184.  COVID-19 PANDEMIC RESPONSE STUDY COMMISSION. 1. (A) THERE IS
 HEREBY ESTABLISHED IN THE DEPARTMENT A COVID-19 PANDEMIC RESPONSE  STUDY
 COMMISSION TO STUDY THE STATE'S RESPONSE TO THE COVID-19 PANDEMIC.
   (B) THE COMMISSION SHALL CONSIST OF SIXTEEN VOTING MEMBERS AS FOLLOWS,
 AFTER  RECEIVING THE RECOMMENDATIONS RECEIVED BY THE COMMISSIONER PURSU-
 ANT TO PARAGRAPH (C) OF THIS SUBDIVISION: EIGHT SHALL  BE  APPOINTED  BY
 THE  GOVERNOR,  ONE  OF  WHOM SHALL BE DESIGNATED BY THE GOVERNOR AS THE
 CHAIR OF THE COMMISSION; THREE SHALL BE APPOINTED BY THE TEMPORARY PRES-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13153-07-4

 A. 8053--B                          2
 
 IDENT OF THE SENATE; THREE SHALL BE APPOINTED  BY  THE  SPEAKER  OF  THE
 ASSEMBLY;  ONE SHALL BE APPOINTED BY THE SENATE MINORITY LEADER; AND ONE
 SHALL BE APPOINTED BY THE ASSEMBLY MINORITY LEADER. AT LEAST HALF OF THE
 APPOINTEES  OF  EACH  APPOINTING  OFFICER, RESPECTIVELY, SHALL BE CHOSEN
 FROM THE RECOMMENDATIONS OF THE COMMISSIONER PURSUANT TO  PARAGRAPH  (C)
 OF  THIS SUBDIVISION. THE COMMISSIONER AND THE COMMISSIONER OF THE DIVI-
 SION OF HOMELAND SECURITY AND EMERGENCY SERVICES,  OR  THEIR  RESPECTIVE
 DESIGNEES,  SHALL BE EX OFFICIO NON-VOTING MEMBERS OF THE COMMISSION. IF
 A VACANCY OCCURS IN THE MEMBERSHIP OF THE COMMISSION, IT SHALL BE FILLED
 BY APPOINTMENT BY THE RESPECTIVE APPOINTING OFFICER.
   (C) THE COMMISSIONER SHALL CONSULT WITH THE COMMISSIONER OF THE  DIVI-
 SION  OF  HOMELAND  SECURITY  AND  EMERGENCY SERVICES, THE COUNTY HEALTH
 COMMISSIONERS, THE NEW YORK  CITY  COMMISSIONER  OF  HEALTH  AND  MENTAL
 HYGIENE,  THE  LOCAL  HEALTH  OFFICERS,  AND THE DEANS OF THE SCHOOLS OF
 PUBLIC HEALTH IN  THE  STATE,  TO  SOLICIT  RECOMMENDATIONS  (WHICH  MAY
 INCLUDE  THEMSELVES) FOR APPOINTMENT TO THE COMMISSION. THE COMMISSIONER
 SHALL ADVISE THE GOVERNOR, THE TEMPORARY PRESIDENT OF  THE  SENATE,  THE
 SPEAKER  OF  THE  ASSEMBLY,  THE SENATE MINORITY LEADER AND THE ASSEMBLY
 MINORITY LEADER OF THE RECOMMENDATIONS THE COMMISSIONER RECEIVES  PURSU-
 ANT TO THIS PARAGRAPH.
   (D)  A  MAJORITY  OF  THE  MEMBERS  APPOINTED  TO THE COMMISSION SHALL
 CONSTITUTE A QUORUM TO HOLD A MEETING AND TO CONDUCT OFFICIAL  BUSINESS.
 THE  COMMISSION  SHALL ACT BY THE MAJORITY VOTE OF THE MEMBERS APPOINTED
 TO THE COMMISSION.
   (E) ALL MEMBERS OF THE COMMISSION SHALL BE SELECTED BY THE  APPOINTING
 OFFICIALS  BASED  ON  THE  MEMBER'S EXPERTISE AND EXPERIENCE IN RELEVANT
 FIELDS SUCH AS HEALTH CARE, PUBLIC HEALTH, EMERGENCY PROCUREMENT,  EMER-
 GENCY  MANAGEMENT,  LABOR  AND  BUSINESS. AT LEAST ONE MEMBER SHALL HAVE
 EXPERTISE OR EXPERIENCE IN ADDRESSING THE HEALTH CARE  NEEDS  OF  UNDER-
 SERVED COMMUNITIES DISPROPORTIONATELY AFFECTED BY COVID-19.
   (F)  MEMBERS OF THE COMMISSION SHALL RECEIVE NO COMPENSATION FOR THEIR
 SERVICES, BUT SHALL BE  ALLOWED  THEIR  ACTUAL  AND  NECESSARY  EXPENSES
 INCURRED  IN THE PERFORMANCE OF THEIR DUTIES UNDER THIS SECTION. MEMBERS
 OF THE COMMISSION SHALL NOT BE PRECLUDED FROM  HOLDING  OTHER  STATE  OR
 LOCAL GOVERNMENT OFFICE OR EMPLOYMENT.
   (G) THE COMMISSION MAY REQUEST AND SHALL RECEIVE THE ASSISTANCE OF ANY
 FEDERAL,  STATE  OR  LOCAL GOVERNMENT OFFICIAL OR ENTITY IN CARRYING OUT
 ITS FUNCTIONS. THE COMMISSION MAY RECEIVE FINANCIAL SUPPORT FOR CARRYING
 OUT ITS FUNCTIONS FROM ANY FEDERAL, STATE OR NON-PROFIT ENTITY.
   2. (A) THE COMMISSION SHALL STUDY THE RESPONSE TO THE COVID-19 PANDEM-
 IC BY STATE AND LOCAL GOVERNMENTS, PUBLIC ENTITIES, HEALTH  CARE  INSTI-
 TUTIONS  AND PROVIDERS, EDUCATIONAL INSTITUTIONS, OTHER INSTITUTIONS AND
 ENTITIES, AND THE PUBLIC, INCLUDING,  BUT  NOT  LIMITED  TO:  HOSPITALS,
 NURSING  HOMES,  JAILS,  PRISONS,  OTHER  SECURE  FACILITIES,  AND OTHER
 CONGREGATE CARE SETTINGS; THE SHUTDOWN AND  RE-OPENINGS  OF  EDUCATIONAL
 INSTITUTIONS;  POLICIES  AND  PRACTICES RELATING TO EMPLOYERS, EMPLOYEES
 AND CONSUMERS; RELATIONSHIPS AMONG STATE, FEDERAL AND  LOCAL  GOVERNMENT
 OFFICIALS  AND ENTITIES; AND EFFECTIVE COMMUNICATION AND SHARING OF DATA
 WITH THE PUBLIC.
   (B) THE COMMISSION SHALL CONDUCT APPROPRIATE STUDIES AND PUBLIC  HEAR-
 INGS,  INCLUDING  ONE  OR  MORE  HEARINGS  ON  ITS PRELIMINARY REPORT OR
 REPORTS.
   (C) THE COMMISSION SHALL ISSUE ONE OR MORE PRELIMINARY REPORTS OF  ITS
 FINDINGS. THE COMMISSION SHALL ISSUE THE FIRST PRELIMINARY REPORT WITHIN
 ONE  YEAR  AFTER  ITS INITIAL MEETING. THE PRELIMINARY REPORT OR REPORTS
 SHALL BE POSTED ON THE DEPARTMENT'S WEBSITE.
 A. 8053--B                          3
 
   (D) THE COMMISSION SHALL PUBLISH A FINAL REPORT OF ITS FINDINGS WITHIN
 EIGHTEEN MONTHS OF ITS INITIAL MEETING, WHICH SHALL BE PUBLISHED ON  THE
 DEPARTMENT'S WEBSITE.
   (E)  THE COMMISSION'S PROCEEDINGS SHALL BE SUBJECT TO ARTICLES SIX AND
 SEVEN OF THE PUBLIC OFFICERS LAW.
   (F) THE COMMISSION SHALL HAVE THE  AUTHORITY  TO  HIRE  EMPLOYEES  AND
 EXECUTE CONTRACTS IN EXERCISING ITS FUNCTIONS.
   (G) THE COMMISSION MAY CONDUCT AND SOLICIT RESEARCH AND DATA-GATHERING
 AS IT DEEMS NECESSARY, CONSISTENT WITH APPLICABLE LAW.
   (H)  FOR THE ACCOMPLISHMENT OF ITS PURPOSES, THE COMMISSION SHALL HAVE
 ACCESS TO STATE RECORDS AND DOCUMENTS, INCLUDING CONFIDENTIAL MATERIALS,
 AND SHALL BE ABLE TO INTERVIEW WITNESSES,  AND  ISSUE  SUBPOENAS.    THE
 COMMISSION  SHALL  PROTECT  THE  CONFIDENTIALITY  OF  INDIVIDUAL PATIENT
 INFORMATION.
   3. THE COMMISSION SHALL EXPIRE AND BE DEEMED REPEALED SIXTY DAYS AFTER
 IT ISSUES ITS FINAL REPORT, PROVIDED THAT  THE  GOVERNOR,  BY  EXECUTIVE
 ORDER,  MAY  CONTINUE  THE EXISTENCE OF THE COMMISSION AND ITS FUNCTIONS
 FOR ONE OR MORE FIXED PERIODS. IF THE GOVERNOR CONTINUES  THE  EXISTENCE
 OF THE COMMISSION, THE COMMISSION MAY ISSUE ADDITIONAL REPORTS.
   §  3.  This  act shall take effect immediately and shall expire and be
 deemed repealed upon the issuance of the commission's  final  report  as
 required  pursuant to subdivision 3 of section 2184 of the public health
 law, as added by section two of this act; provided,  however,  that  the
 commissioner  of  health or the commissioner of the division of homeland
 security and emergency services shall notify the legislative bill draft-
 ing commission upon the occurrence of the delivery of the report or  the
 continuance  of such commission provided for in subdivision 3 of section
 2184 of the public health law as added by section two  of  this  act  in
 order  that the commission may maintain an accurate and timely effective
 data base of the official text of the laws of the state of New  York  in
 furtherance of effectuating the provisions of section 44 of the legisla-
 tive law and section 70-b of the public officers law.

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Assembly Bill A8053A

Sponsored By

Current Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

2023-A8053 - Details

2023-A8053 - Summary

2023-A8053 - Bill Text download pdf

co-Sponsors

2023-A8053A - Details

2023-A8053A - Summary

2023-A8053A - Bill Text download pdf

co-Sponsors

2023-A8053B (ACTIVE) - Details

2023-A8053B (ACTIVE) - Summary

2023-A8053B (ACTIVE) - Bill Text download pdf

Comments

Assembly Bill A8053A

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Sponsored By

GONZALEZ-ROJAS

Current Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

Amy Paulin

Andrew Hevesi

Dana Levenberg

Jo Anne Simon

2023-A8053 - Details

2023-A8053 - Summary

2023-A8053 - Bill Text download pdf

co-Sponsors

Amy Paulin

Andrew Hevesi

Dana Levenberg

Jo Anne Simon

2023-A8053A - Details

2023-A8053A - Summary

2023-A8053A - Bill Text download pdf

co-Sponsors

Amy Paulin

Andrew Hevesi

Dana Levenberg

Jo Anne Simon

2023-A8053B (ACTIVE) - Details

2023-A8053B (ACTIVE) - Summary

2023-A8053B (ACTIVE) - Bill Text download pdf

Comments