S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5361

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen.  VOLKER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Veterans, Homeland Securi-
  ty and Military Affairs

AN ACT to amend the executive law,  in  relation  to  planning  for  and
  declaring  a  state  of  public  health emergency; to amend the public
  health law, in relation to enacting the state emergency health  powers
  act;  to  amend  the  penal law, the criminal procedure law, the civil
  practice law and rules, the tax law and the executive law, in relation
  to acts  of  terrorism;  and  providing  for  the  repeal  of  certain
  provisions upon expiration thereof

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative intent.  In the wake of the  tragic  events  of
September  11,  2001, our nation realizes that the government's foremost
responsibility is to protect the health, safety and well  being  of  its
citizens.  New  and  emerging  dangers, including emergent and resurgent
infectious diseases and incidents  of  civilian  mass  casualties,  pose
serious  and immediate threats to the population. A renewed focus on the
prevention, detection, management and containment of public health emer-
gencies is thus called for.
  Emergency health threats, including those caused by  bioterrorism  and
epidemics,  require  the  exercise  of  essential  government functions.
Because each state is responsible for safeguarding the health,  security
and  well  being  of its people, the state and local governments must be
able to respond, rapidly and effectively, to public health  emergencies.
The state emergency health powers act therefore grants specific emergen-
cy powers to the governor and public health authorities.
  This act requires the development of a comprehensive plan to provide a
coordinated,  appropriate response in the event of a public health emer-
gency. It facilitates the early  detection  of  a  health  emergency  by
authorizing the reporting and collection of data and records, and allows

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09366-01-9
              

S. 5361                             2

for  immediate  investigation  by granting access to individuals' health
information under specified circumstances.  During a public health emer-
gency, state and local officials are authorized to use  and  appropriate
property  as  necessary for the care, treatment and housing of patients,
and to destroy contaminated  facilities  or  materials.  They  are  also
empowered  to  provide  care,  testing and treatment, and vaccination to
persons who are ill or who have been exposed to  a  contagious  disease,
and  to  separate  affected  individuals from the population at large to
interrupt disease transmission.
  At the same time, this act recognizes  that  the  state's  ability  to
respond to a public health emergency must respect the dignity and rights
of  persons.  The  exercise  of  emergency  health powers is designed to
promote the common good. Emergency powers must be grounded in a thorough
scientific understanding of public health  threats  and  disease  trans-
mission.  Guided  by  principles of justice, state and local governments
have a duty to act with fairness and tolerance towards  individuals  and
groups.  This  act  thus  provides that, in the event of the exercise of
emergency powers, the civil rights, liberties and needs of  infected  or
exposed  persons  will  be  protected  to  the  fullest  extent possible
consistent with the primary goal of controlling serious health threats.
  Public health laws and our  courts  have  traditionally  balanced  the
common  good with individual civil liberties. As Justice Harlan wrote in
the seminal United States Supreme Court case of JACOBSON V.    MASSACHU-
SETTS,  "the  whole people covenants with each citizen, and each citizen
with the whole people, that all shall be governed by  certain  laws  for
the 'common good'". The provisions of this act strike such a balance. It
provides  state and local officials with the ability to prevent, detect,
manage and contain emergency health threats without  unduly  interfering
with  civil  rights  and liberties. This act ensures a strong, effective
and timely  response  to  public  health  emergencies,  while  fostering
respect for individuals from all groups and backgrounds.
  Although  modernizing  the  public  health law is an important part of
protecting the population during public health emergencies,  the  public
health  system  itself  needs improvement. Preparing for a public health
emergency requires a well trained  public  health  workforce,  efficient
data systems, and sufficient laboratory capacity.
  S  2. The executive law is amended by adding two new sections 29-h and
29-i to read as follows:
  S 29-H. PLANNING FOR A PUBLIC HEALTH EMERGENCY. 1. PUBLIC HEALTH EMER-
GENCY PLANNING COMMISSION.   THE GOVERNOR, WITHIN  THIRTY  DAYS  OF  THE
EFFECTIVE  DATE OF THIS SECTION, SHALL ESTABLISH THE PUBLIC HEALTH EMER-
GENCY PLANNING COMMISSION.   SUCH COMMISSION  SHALL  CONSIST  OF  ELEVEN
MEMBERS  AND BE COMPOSED OF: THE DIRECTOR OF THE STATE EMERGENCY MANAGE-
MENT OFFICE; THE CHIEF ADMINISTRATIVE JUDGE OF THE COURTS, OR HIS OR HER
DESIGNEE; THE COMMISSIONER OF MENTAL HEALTH; THE SUPERINTENDENT OF STATE
POLICE, OR HIS OR HER DESIGNEE; THREE PHYSICIANS  WITH  EXTENSIVE  KNOW-
LEDGE  OF  THE  TREATMENT,  PATHOGENESIS, AND EPIDEMIOLOGY OF INFECTIOUS
DISEASES; TWO INDIVIDUALS WHO ARE LICENSED TO PRACTICE LAW IN THE  STATE
OF NEW YORK; AND TWO EXPERTS IN THE STRUCTURE AND FUNCTION OF THE HEALTH
CARE SYSTEM. IN ADDITION, THE CHAIR OF THE PUBLIC HEALTH EMERGENCY PLAN-
NING COMMISSION SHALL BE THE COMMISSIONER OF HEALTH.  THE MEMBERS OF THE
PUBLIC  HEALTH  EMERGENCY  PLANNING  COMMISSION SHALL RECEIVE NO COMPEN-
SATION FOR THEIR SERVICES, BUT SHALL BE ALLOWED THEIR ACTUAL AND  NECES-
SARY EXPENSES INCURRED IN THEIR DUTIES.
  2. PUBLIC HEALTH EMERGENCY PLAN. (A) CONTENT.  THE PUBLIC HEALTH EMER-
GENCY  PLANNING  COMMISSION  SHALL  WITHIN SIX MONTHS OF ITS APPOINTMENT

S. 5361                             3

DELIVER TO THE GOVERNOR, THE LEGISLATURE AND THE GENERAL PUBLIC  A  PLAN
FOR  RESPONDING TO A PUBLIC HEALTH EMERGENCY, WHICH SHALL INCLUDE GUIDE-
LINES FOR:
  (1)  NOTIFYING AND COMMUNICATING WITH THE POPULATION DURING A STATE OF
PUBLIC HEALTH EMERGENCY PURSUANT TO ARTICLE TEN  OF  THE  PUBLIC  HEALTH
LAW;
  (2)  CENTRAL COORDINATION OF RESOURCES, MANPOWER AND SERVICES, INCLUD-
ING THE COORDINATION OF  RESPONSES  OF  FEDERAL,  STATE,  MUNICIPAL  AND
TRIBAL AGENCIES;
  (3)  THE  LOCATION,  PROCUREMENT, STORAGE, TRANSPORTATION, MAINTENANCE
AND DISTRIBUTION OF ESSENTIAL MATERIALS INCLUDING, BUT NOT  LIMITED  TO,
MEDICAL SUPPLIES, DRUGS, VACCINES, FOOD, SHELTER, CLOTHING AND BEDS;
  (4)  THE  CONTINUED,  EFFECTIVE  OPERATION OF THE UNIFIED COURT SYSTEM
INCLUDING, IF DEEMED  NECESSARY,  THE  IDENTIFICATION  AND  TRAINING  OF
PERSONNEL  TO  SERVE  AS EMERGENCY JUDGES REGARDING MATTERS OF ISOLATION
AND QUARANTINE;
  (5) THE METHODS OF EVACUATING POPULATIONS,  AND  HOUSING  AND  FEEDING
SUCH EVACUATED POPULATIONS;
  (6)  THE IDENTIFICATION AND TRAINING OF HEALTH CARE PROVIDERS TO DIAG-
NOSE AND TREAT PERSONS WITH INFECTIOUS DISEASES;
  (7) THE VACCINATION OF PERSONS;
  (8) THE TREATMENT OF PERSONS WHO HAVE BEEN EXPOSED TO OR ARE  INFECTED
WITH  DISEASES  OR  HEALTH  CONDITIONS THAT MAY BE THE CAUSE OF A PUBLIC
HEALTH EMERGENCY;
  (9) THE SAFE DISPOSAL OF INFECTIOUS WASTES AND HUMAN REMAINS;
  (10) THE SAFE AND EFFECTIVE CONTROL OF PERSONS ISOLATED,  QUARANTINED,
VACCINATED, TESTED OR TREATED DURING A STATE OF PUBLIC HEALTH EMERGENCY;
  (11) TRACKING THE SOURCES AND OUTCOMES OF INFECTED PERSONS;
  (12) ENSURING THAT EACH MUNICIPALITY IDENTIFIES:
  (I)  SITES  WHERE  PERSONS  CAN BE ISOLATED OR QUARANTINED PURSUANT TO
ARTICLE TEN OF THE PUBLIC HEALTH LAW,
  (II) SITES WHERE MEDICAL SUPPLIES, FOOD AND OTHER ESSENTIAL  MATERIALS
CAN BE DISTRIBUTED TO THE POPULATION,
  (III)  SITES WHERE HEALTH AND EMERGENCY WORKERS CAN BE HOUSED AND FED,
AND
  (IV) ROUTES AND MEANS OF TRANSPORTATION OF PEOPLE AND MATERIALS;
  (13) CULTURAL NORMS, VALUES, RELIGIOUS PRINCIPLES AND TRADITIONS  THAT
MAY BE RELEVANT; AND
  (14) ANY OTHER MEASURES NECESSARY TO IMPLEMENT THE PROVISIONS OF ARTI-
CLE TEN OF THE PUBLIC HEALTH LAW.
  (B)  DISTRIBUTION.  THE  PUBLIC  HEALTH  EMERGENCY PLANNING COMMISSION
SHALL DISTRIBUTE THE PUBLIC HEALTH EMERGENCY PLAN TO THOSE WHO  WILL  BE
RESPONSIBLE  FOR  ITS  IMPLEMENTATION, OTHER INTERESTED PERSONS, AND THE
PUBLIC, AND SEEK THEIR REVIEW AND COMMENTS.
  (C) REVIEW. THE PUBLIC  HEALTH  EMERGENCY  PLANNING  COMMISSION  SHALL
ANNUALLY REVIEW THE PUBLIC HEALTH EMERGENCY PLAN.
  (D)  REPORT.  EVERY  TWO  MONTHS  THE PUBLIC HEALTH EMERGENCY PLANNING
COMMISSION SHALL REPORT TO THE DISASTER PREPAREDNESS COMMISSION.
  S 29-I. DECLARING A STATE OF PUBLIC HEALTH EMERGENCY. 1.  DECLARATION.
A STATE OF PUBLIC HEALTH EMERGENCY MAY BE DECLARED BY THE GOVERNOR  UPON
THE  OCCURRENCE OF A "PUBLIC HEALTH EMERGENCY" AS DEFINED IN SUBDIVISION
THIRTEEN OF SECTION ONE THOUSAND THREE OF THE PUBLIC HEALTH LAW.   PRIOR
TO SUCH A DECLARATION, THE GOVERNOR SHALL CONSULT WITH THE PUBLIC HEALTH
AUTHORITY  AND  MAY CONSULT WITH ANY ADDITIONAL PUBLIC AND OTHER EXPERTS
AS NEEDED.  THE GOVERNOR MAY ACT TO DECLARE A  PUBLIC  HEALTH  EMERGENCY

S. 5361                             4

WITHOUT  CONSULTING  WITH  THE  PUBLIC HEALTH AUTHORITY OR OTHER EXPERTS
WHEN THE SITUATION CALLS FOR PROMPT AND TIMELY ACTION.
  2. CONTENT OF DECLARATION. A STATE OF PUBLIC HEALTH EMERGENCY SHALL BE
DECLARED BY AN EXECUTIVE ORDER THAT SPECIFIES:
  (A) THE NATURE OF THE PUBLIC HEALTH EMERGENCY;
  (B)  THE  POLITICAL  SUBDIVISIONS  OR GEOGRAPHIC AREAS SUBJECT TO SUCH
DECLARATION;
  (C) THE CONDITIONS THAT HAVE BROUGHT ABOUT THE PUBLIC HEALTH  EMERGEN-
CY;
  (D) THE DURATION OF THE STATE OF PUBLIC HEALTH EMERGENCY, IF LESS THAN
THIRTY DAYS; AND
  (E) THE PRIMARY PUBLIC HEALTH AUTHORITY RESPONDING TO THE EMERGENCY.
  3.  EFFECT OF DECLARATION. THE DECLARATION OF A STATE OF PUBLIC HEALTH
EMERGENCY SHALL ACTIVATE THE DISASTER RESPONSE AND RECOVERY  ASPECTS  OF
THE  STATE,  LOCAL  AND INTER-JURISDICTIONAL DISASTER EMERGENCY PLANS IN
THE AFFECTED POLITICAL SUBDIVISIONS OR GEOGRAPHIC AREAS.  SUCH  DECLARA-
TION  AUTHORIZES THE DEPLOYMENT AND USE OF ANY FORCES TO WHICH THE PLANS
APPLY, AND THE USE OR DISTRIBUTION OF ANY SUPPLIES, EQUIPMENT, MATERIALS
AND FACILITIES ASSEMBLED, STOCKPILED OR AVAILABLE  PURSUANT  TO  ARTICLE
TEN OF THE PUBLIC HEALTH LAW.
  (A)  EMERGENCY  POWERS. DURING A STATE OF PUBLIC HEALTH EMERGENCY, THE
GOVERNOR MAY:
  (1) SUSPEND, BY EXECUTIVE ORDER,  THE  PROVISIONS  OF  ANY  REGULATORY
STATUTE  PRESCRIBING  PROCEDURES  FOR  CONDUCTING STATE BUSINESS, OR THE
ORDERS, RULES AND REGULATIONS OF ANY STATE AGENCY, TO  THE  EXTENT  THAT
STRICT COMPLIANCE WITH THE SAME WOULD PREVENT, HINDER OR DELAY NECESSARY
ACTION (INCLUDING EMERGENCY PURCHASES) BY THE PUBLIC HEALTH AUTHORITY TO
RESPOND TO THE PUBLIC HEALTH EMERGENCY, OR INCREASE THE HEALTH THREAT TO
THE POPULATION.  THE LEGISLATURE MAY TERMINATE BY CONCURRENT RESOLUTION,
EXECUTIVE  ORDERS ISSUED UNDER THIS SUBPARAGRAPH. IN ADDITION, A SUSPEN-
SION PURSUANT TO THIS SUBPARAGRAPH SHALL BE  SUBJECT  TO  THE  FOLLOWING
STANDARDS AND LIMITATIONS:
  (I)  NO  SUSPENSION MAY BE MADE FOR A PERIOD IN EXCESS OF THIRTY DAYS,
PROVIDED, HOWEVER, THAT UPON RECONSIDERATION  OF  ALL  OF  THE  RELEVANT
FACTS  AND  CIRCUMSTANCES, THE GOVERNOR MAY EXTEND THE SUSPENSION FOR AN
ADDITIONAL PERIOD NOT TO EXCEED THIRTY DAYS EACH;
  (II) NO SUSPENSION SHALL BE MADE WHICH DOES NOT SAFEGUARD  THE  HEALTH
AND  WELFARE  OF THE PUBLIC AND WHICH IS NOT REASONABLY NECESSARY TO THE
RESPONSE TO THE PUBLIC HEALTH EMERGENCY;
  (III) ANY SUCH SUSPENSION ORDER SHALL SPECIFY THE STATUTE, LOCAL  LAW,
ORDINANCE, ORDER, RULE OR REGULATION OR PART THEREOF TO BE SUSPENDED AND
THE TERMS AND CONDITIONS OF THE SUSPENSION;
  (IV)  THE  ORDER MAY PROVIDE FOR SUCH SUSPENSION ONLY UNDER PARTICULAR
CIRCUMSTANCES, AND MAY PROVIDE FOR THE ALTERATION OR MODIFICATION OF THE
REQUIREMENTS OF SUCH STATUTE, LOCAL LAW, ORDINANCE, ORDER, RULE OR REGU-
LATION SUSPENDED, AND MAY INCLUDE OTHER TERMS AND CONDITIONS;
  (V) ANY SUCH SUSPENSION ORDER SHALL PROVIDE FOR THE MINIMUM  DEVIATION
FROM  THE REQUIREMENTS OF THE STATUTE, LOCAL LAW, ORDINANCE, ORDER, RULE
OR REGULATION SUSPENDED  CONSISTENT  WITH  THE  DISASTER  ACTION  DEEMED
NECESSARY;
  (VI)  WHEN  PRACTICABLE,  SPECIALISTS SHALL BE ASSIGNED TO ASSIST WITH
THE RELATED EMERGENCY ACTIONS TO AVOID NEEDLESS ADVERSE EFFECTS  RESULT-
ING FROM SUCH SUSPENSION; AND
  (VII)  SUCH  SUSPENSIONS  SHALL  BE EFFECTIVE FROM THE TIME AND IN THE
MANNER PRESCRIBED IN SUCH ORDERS AND SHALL BE PUBLISHED AS SOON AS PRAC-
TICABLE IN THE STATE BULLETIN;

S. 5361                             5

  (2) UTILIZE ALL AVAILABLE RESOURCES OF THE  STATE  AND  ITS  POLITICAL
SUBDIVISIONS  AS  REASONABLY  NECESSARY  TO RESPOND TO THE PUBLIC HEALTH
EMERGENCY;
  (3)  TRANSFER  THE  DIRECTION, PERSONNEL OR FUNCTIONS OF STATE DEPART-
MENTS AND AGENCIES  TO  PERFORM  OR  FACILITATE  RESPONSE  AND  RECOVERY
PROGRAMS REGARDING THE PUBLIC HEALTH EMERGENCY;
  (4)  MOBILIZE ALL OR ANY PART OF THE ORGANIZED MILITIA INTO SERVICE OF
THE STATE. AN ORDER DIRECTING THE ORGANIZED MILITIA TO REPORT FOR ACTIVE
DUTY SHALL STATE THE PURPOSE FOR WHICH IT IS MOBILIZED  AND  THE  OBJEC-
TIVES TO BE ACCOMPLISHED;
  (5)  PROVIDE  AID TO AND SEEK AID FROM OTHER STATES IN ACCORDANCE WITH
ANY INTERSTATE EMERGENCY COMPACT MADE WITH THIS STATE; AND
  (6) SEEK AID FROM THE FEDERAL GOVERNMENT IN  ACCORDANCE  WITH  FEDERAL
PROGRAMS OR REQUIREMENTS.
  (B)  COORDINATION.  THE  PUBLIC  HEALTH AUTHORITY SHALL COORDINATE ALL
MATTERS PERTAINING TO THE PUBLIC HEALTH EMERGENCY RESPONSE OF THE STATE.
THE PUBLIC HEALTH AUTHORITY SHALL HAVE PRIMARY  JURISDICTION,  RESPONSI-
BILITY, AND AUTHORITY FOR:
  (1)  PLANNING  AND EXECUTING PUBLIC HEALTH EMERGENCY ASSESSMENT, MITI-
GATION, PREPAREDNESS RESPONSE AND RECOVERY FOR THE STATE;
  (2) COORDINATING PUBLIC HEALTH EMERGENCY RESPONSE  BETWEEN  STATE  AND
MUNICIPAL AUTHORITIES;
  (3)   COLLABORATING  WITH  RELEVANT  FEDERAL  GOVERNMENT  AUTHORITIES,
ELECTED OFFICIALS OF OTHER STATES, PRIVATE ORGANIZATIONS OR COMPANIES;
  (4) COORDINATING RECOVERY OPERATIONS AND MITIGATION INITIATIVES SUBSE-
QUENT TO THE PUBLIC HEALTH EMERGENCY; AND
  (5) ORGANIZING PUBLIC INFORMATION ACTIVITIES  REGARDING  STATE  PUBLIC
HEALTH EMERGENCY RESPONSE OPERATIONS.
  (C)  IDENTIFICATION. AFTER THE DECLARATION OF A STATE OF PUBLIC HEALTH
EMERGENCY, SPECIAL IDENTIFICATION FOR ALL EMPLOYEES OF THE PUBLIC HEALTH
AUTHORITIES WORKING DURING THE EMERGENCY SHALL  BE  ISSUED  AS  SOON  AS
POSSIBLE.  THE IDENTIFICATION SHALL INDICATE THE AUTHORITY OF THE BEARER
TO EXERCISE PUBLIC HEALTH FUNCTIONS  AND  EMERGENCY  POWERS  DURING  THE
STATE  OF  PUBLIC HEALTH EMERGENCY. SUCH IDENTIFICATION SHALL BE WORN IN
PLAIN VIEW.
  4. ENFORCEMENT. DURING A STATE OF PUBLIC HEALTH EMERGENCY, THE  PUBLIC
HEALTH  AUTHORITY MAY REQUEST ASSISTANCE IN ENFORCING ORDERS PURSUANT TO
ARTICLE TEN OF THE PUBLIC HEALTH LAW FROM THE PUBLIC  SAFETY  AUTHORITY.
THE  PUBLIC  SAFETY  AUTHORITY MAY REQUEST ASSISTANCE FROM THE ORGANIZED
MILITIA IN ENFORCING THE ORDERS OF THE PUBLIC HEALTH AUTHORITY.
  5. TERMINATION OF DECLARATION. (A) EXECUTIVE ORDER. THE GOVERNOR SHALL
TERMINATE THE DECLARATION OF A STATE OF PUBLIC HEALTH EMERGENCY BY EXEC-
UTIVE ORDER UPON FINDING THAT THE OCCURRENCE OF  AN  ILLNESS  OR  HEALTH
CONDITION  THAT  CAUSED THE EMERGENCY NO LONGER POSES A HIGH PROBABILITY
OF A LARGE NUMBER OF DEATHS IN THE AFFECTED POPULATION, A  LARGE  NUMBER
OF  INCIDENTS  OF  SERIOUS  PERMANENT  OR  LONG  TERM  DISABILITY IN THE
AFFECTED POPULATION OR A SIGNIFICANT RISK OF SUBSTANTIAL FUTURE HARM  TO
A LARGE NUMBER OF PEOPLE IN THE AFFECTED POPULATION.
  (B) AUTOMATIC TERMINATION. NOTWITHSTANDING ANY OTHER PROVISION OF LAW,
THE  DECLARATION  OF  A STATE OF PUBLIC HEALTH EMERGENCY SHALL BE TERMI-
NATED AUTOMATICALLY AFTER THIRTY DAYS UNLESS  RENEWED  BY  THE  GOVERNOR
UNDER  THE SAME STANDARDS AND PROCEDURES SET FORTH IN THIS SECTION.  ANY
SUCH RENEWAL SHALL ALSO BE TERMINATED AUTOMATICALLY  AFTER  THIRTY  DAYS
UNLESS  RENEWED  BY THE GOVERNOR UNDER THE SAME STANDARDS AND PROCEDURES
SET FORTH IN THIS SECTION.

S. 5361                             6

  (C) STATE LEGISLATURE. THE STATE LEGISLATURE, BY MAJORITY VOTE OF  THE
SENATE  AND  THE  ASSEMBLY,  MAY TERMINATE THE DECLARATION OF A STATE OF
PUBLIC HEALTH EMERGENCY AT ANY TIME FROM THE DATE OF  ORIGINAL  DECLARA-
TION  UPON FINDING THAT THE OCCURRENCE OF AN ILLNESS OR HEALTH CONDITION
THAT CAUSED THE EMERGENCY DOES NOT OR NO LONGER POSES A HIGH PROBABILITY
OF  A  LARGE NUMBER OF DEATHS IN THE AFFECTED POPULATION, A LARGE NUMBER
OF INCIDENTS OF  SERIOUS  PERMANENT  OR  LONG  TERM  DISABILITY  IN  THE
AFFECTED  POPULATION OR A SIGNIFICANT RISK OF SUBSTANTIAL FUTURE HARM TO
A LARGE NUMBER OF PEOPLE IN THE AFFECTED POPULATION.   SUCH  TERMINATION
BY THE STATE LEGISLATURE SHALL OVERRIDE ANY RENEWAL BY THE GOVERNOR.
  (D)  CONTENT  OF  TERMINATION ORDER. ALL ORDERS OR LEGISLATIVE ACTIONS
TERMINATING THE DECLARATION OF A STATE OF PUBLIC HEALTH EMERGENCY  SHALL
INDICATE  THE NATURE OF THE EMERGENCY, THE AREA THAT WAS THREATENED, AND
THE CONDITIONS THAT MAKE POSSIBLE THE TERMINATION OF THE DECLARATION.
  S 3. The public health law is amended by adding a new  article  10  to
read as follows:
                               ARTICLE 10
                    STATE EMERGENCY HEALTH POWERS ACT
TITLE I.   FINDINGS, PURPOSES AND DEFINITIONS (SS 1000-1003).
      II.  SPECIAL  POWERS  DURING  STATE  OF  PUBLIC  HEALTH EMERGENCY;
             MANAGEMENT OF PROPERTY (SS 1010-1016).
      III. SPECIAL POWERS  DURING  STATE  OF  PUBLIC  HEALTH  EMERGENCY;
             PROTECTION OF PERSONS (SS 1020-1027).
      IV.  PUBLIC  INFORMATION  REGARDING  PUBLIC HEALTH EMERGENCIES (SS
             1030-1031).
      V.   MISCELLANEOUS (SS 1040-1047).
                                 TITLE I
                   FINDINGS, PURPOSES AND DEFINITIONS
SECTION 1000. SHORT TITLE.
        1001. LEGISLATIVE FINDINGS.
        1002. PURPOSES.
        1003. DEFINITIONS.
  S 1000. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE  CITED  AS
THE "STATE EMERGENCY HEALTH POWERS ACT".
  S 1001. LEGISLATIVE FINDINGS. THE LEGISLATURE FINDS THAT:
  1.  THE  STATE  MUST DO MORE TO PROTECT THE HEALTH, SAFETY AND GENERAL
WELL BEING OF ITS CITIZENS.
  2. NEW AND EMERGING DANGERS, INCLUDING EMERGENT AND  RESURGENT  INFEC-
TIOUS  DISEASES  AND INCIDENTS OF CIVILIAN MASS CASUALTIES, POSE SERIOUS
AND IMMEDIATE THREATS.
  3. A RENEWED  FOCUS  ON  THE  PREVENTION,  DETECTION,  MANAGEMENT  AND
CONTAINMENT OF PUBLIC HEALTH EMERGENCIES IS NEEDED.
  4.  EMERGENCY  HEALTH  THREATS, INCLUDING THOSE CAUSED BY BIOTERRORISM
MAY REQUIRE THE EXERCISE OF EXTRAORDINARY GOVERNMENT  POWERS  AND  FUNC-
TIONS.
  5.  THE  STATE  MUST  HAVE  THE ABILITY TO RESPOND, RAPIDLY AND EFFEC-
TIVELY, TO POTENTIAL OR ACTUAL PUBLIC HEALTH EMERGENCIES.
  6. THE EXERCISE OF EMERGENCY HEALTH POWERS  MUST  PROMOTE  THE  COMMON
GOOD.
  7.  EMERGENCY  HEALTH POWERS MUST BE GROUNDED IN A THOROUGH SCIENTIFIC
UNDERSTANDING OF PUBLIC HEALTH THREATS AND DISEASE TRANSMISSION.
  8. GUIDED BY PRINCIPLES OF JUSTICE AND ANTIDISCRIMINATION, IT  IS  THE
DUTY OF THE STATE TO ACT WITH FAIRNESS AND TOLERANCE TOWARDS INDIVIDUALS
AND GROUPS.

S. 5361                             7

  9.  THE RIGHTS OF PEOPLE TO LIBERTY, BODILY INTEGRITY AND PRIVACY MUST
BE RESPECTED TO THE FULLEST EXTENT POSSIBLE CONSISTENT WITH  MAINTAINING
AND PRESERVING THE PUBLIC'S HEALTH AND SECURITY.
  10.  THIS ARTICLE IS NECESSARY TO PROTECT THE HEALTH AND SAFETY OF THE
CITIZENS OF THE STATE.
  S 1002. PURPOSES. THE PURPOSES OF THIS ARTICLE ARE:
  1. TO REQUIRE THE DEVELOPMENT OF A COMPREHENSIVE PLAN TO PROVIDE FOR A
COORDINATED, APPROPRIATE RESPONSE IN THE EVENT OF A PUBLIC HEALTH  EMER-
GENCY;
  2.  TO AUTHORIZE THE REPORTING AND COLLECTION OF DATA AND RECORDS, THE
MANAGEMENT OF PROPERTY, THE PROTECTION OF PERSONS AND ACCESS TO COMMUNI-
CATIONS;
  3. TO FACILITATE THE EARLY DETECTION OF A HEALTH EMERGENCY, AND  ALLOW
FOR  IMMEDIATE  INVESTIGATION OF SUCH AN EMERGENCY BY GRANTING ACCESS TO
INDIVIDUALS' HEALTH INFORMATION UNDER SPECIFIED CIRCUMSTANCES;
  4. TO GRANT STATE AND LOCAL OFFICIALS THE AUTHORITY TO USE AND  APPRO-
PRIATE  PROPERTY  AS  NECESSARY FOR THE CARE, TREATMENT, VACCINATION AND
HOUSING OF PATIENTS, AND TO DESTROY CONTAMINATED FACILITIES  OR  MATERI-
ALS;
  5.  TO  GRANT STATE AND LOCAL OFFICIALS THE AUTHORITY TO PROVIDE CARE,
TREATMENT AND VACCINATION TO PERSONS  WHO  ARE  ILL  OR  WHO  HAVE  BEEN
EXPOSED  TO  CONTAGIOUS  DISEASES,  AND TO SEPARATE AFFECTED INDIVIDUALS
FROM THE POPULATION AT LARGE TO INTERRUPT DISEASE TRANSMISSION;
  6. TO ENSURE THAT THE NEEDS OF INFECTED OR EXPOSED PERSONS ARE PROPER-
LY ADDRESSED TO THE FULLEST EXTENT POSSIBLE, GIVEN THE PRIMARY  GOAL  OF
CONTROLLING SERIOUS HEALTH THREATS; AND
  7.  TO  PROVIDE STATE AND LOCAL OFFICIALS WITH THE ABILITY TO PREVENT,
DETECT, MANAGE AND  CONTAIN  EMERGENCY  HEALTH  THREATS  WITHOUT  UNDULY
INTERFERING WITH CIVIL RIGHTS AND LIBERTIES.
  S 1003. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
  1.  "BIOTERRORISM" IS THE INTENTIONAL USE OF ANY MICROORGANISM, VIRUS,
INFECTIOUS SUBSTANCE, OR BIOLOGICAL PRODUCT THAT MAY BE ENGINEERED AS  A
RESULT  OF  BIOTECHNOLOGY,  OR  ANY NATURALLY OCCURRING OR BIOENGINEERED
COMPONENT OF ANY SUCH  MICROORGANISM,  VIRUS,  INFECTIOUS  SUBSTANCE  OR
BIOLOGICAL PRODUCT, TO CAUSE DEATH, DISEASE OR OTHER BIOLOGICAL MALFUNC-
TION  IN A HUMAN, AN ANIMAL, A PLANT OR ANOTHER LIVING ORGANISM IN ORDER
TO INFLUENCE THE CONDUCT OF GOVERNMENT, OR TO  INTIMIDATE  OR  COERCE  A
CIVILIAN POPULATION.
  2. "CHAIN OF CUSTODY" IS THE METHODOLOGY OF TRACKING SPECIMENS FOR THE
PURPOSE   OF   MAINTAINING   CONTROL  AND  ACCOUNTABILITY  FROM  INITIAL
COLLECTION TO FINAL DISPOSITION OF  THE  SPECIMENS,  AND  PROVIDING  FOR
ACCOUNTABILITY  AT  EACH STAGE OF COLLECTING, HANDLING, TESTING, STORING
AND TRANSPORTING THE SPECIMENS AND REPORTING TEST RESULTS.
  3. "CONTAGIOUS DISEASE" IS AN INFECTIOUS DISEASE THAT CAN BE TRANSMIT-
TED FROM PERSON TO PERSON.
  4. "HEALTH CARE FACILITY" MEANS ANY NON-FEDERAL INSTITUTION,  BUILDING
OR  AGENCY,  OR  PORTION  THEREOF,  WHETHER PUBLIC OR PRIVATE (PROFIT OR
NOT-FOR-PROFIT) THAT IS USED, OPERATED OR  DESIGNED  TO  PROVIDE  HEALTH
SERVICES,  MEDICAL  TREATMENT,  OR NURSING, REHABILITATIVE OR PREVENTIVE
CARE TO ANY PERSON OR PERSONS. THIS INCLUDES, BUT  IS  NOT  LIMITED  TO:
AMBULATORY  SURGICAL  FACILITIES, HEALTH MAINTENANCE ORGANIZATIONS, HOME
HEALTH AGENCIES, HOSPICES,  HOSPITALS,  INFIRMARIES,  INTERMEDIATE  CARE
FACILITIES, KIDNEY TREATMENT CENTERS, LONG TERM CARE FACILITIES, MEDICAL
ASSISTANCE  FACILITIES,  MENTAL  HEALTH  CENTERS, OUTPATIENT FACILITIES,
PUBLIC HEALTH CENTERS, REHABILITATION FACILITIES, RESIDENTIAL  TREATMENT
FACILITIES,  SKILLED  NURSING FACILITIES AND ADULT DAYCARE CENTERS. THIS

S. 5361                             8

ALSO INCLUDES, BUT IS NOT LIMITED TO,  THE  FOLLOWING  RELATED  PROPERTY
WHEN  USED  FOR  OR  IN  CONNECTION  WITH  THE  FOREGOING: LABORATORIES,
RESEARCH FACILITIES, PHARMACIES, LAUNDRY  FACILITIES,  HEALTH  PERSONNEL
TRAINING  AND  LODGING  FACILITIES,  PATIENT, GUEST AND HEALTH PERSONNEL
FOOD SERVICE FACILITIES, AND OFFICES AND OFFICE  BUILDINGS  FOR  PERSONS
ENGAGED IN HEALTH CARE PROFESSIONS OR SERVICES.
  5.  "HEALTH CARE PROVIDER" IS ANY PERSON OR ENTITY WHO PROVIDES HEALTH
CARE SERVICES INCLUDING, BUT NOT LIMITED TO, HOSPITALS, MEDICAL  CLINICS
AND  OFFICES, SPECIAL CARE FACILITIES, MEDICAL LABORATORIES, PHYSICIANS,
PHARMACISTS, DENTISTS, PHYSICIAN ASSISTANTS, NURSE PRACTITIONERS, REGIS-
TERED AND OTHER NURSES,  PARAMEDICS,  EMERGENCY  MEDICAL  OR  LABORATORY
TECHNICIANS, AND AMBULANCE AND EMERGENCY MEDICAL WORKERS.
  6.  "INFECTIOUS  DISEASE"  IS A DISEASE CAUSED BY A LIVING ORGANISM OR
OTHER PATHOGEN, INCLUDING A FUNGUS,  BACILLUS,  PARASITE,  PROTOZOAN  OR
VIRUS. AN INFECTIOUS DISEASE MAY OR MAY NOT BE TRANSMISSIBLE FROM PERSON
TO PERSON, ANIMAL TO PERSON OR INSECT TO PERSON.
  7. "INFECTIOUS WASTE" IS:
  (A)  "BIOLOGICAL  WASTE,"  WHICH  INCLUDES  BLOOD  AND BLOOD PRODUCTS,
EXCRETIONS, EXUDATES, SECRETIONS, SUCTIONING AND OTHER BODY FLUIDS,  AND
WASTE MATERIALS SATURATED WITH BLOOD OR BODY FLUIDS;
  (B) "CULTURES AND STOCKS," WHICH INCLUDES ETIOLOGIC AGENTS AND ASSOCI-
ATED  BIOLOGICALS,  INCLUDING  SPECIMEN CULTURES, AND DISHES AND DEVICES
USED TO TRANSFER, INOCULATE AND MIX CULTURES, WASTES FROM PRODUCTION  OF
BIOLOGICALS AND SERUMS, AND DISCARDED LIVE AND ATTENUATED VACCINES;
  (C)  "PATHOLOGICAL  WASTE,"  WHICH  INCLUDES  BIOPSY MATERIALS AND ALL
HUMAN TISSUES, ANATOMICAL PARTS THAT EMANATE FROM  SURGERY,  OBSTETRICAL
PROCEDURES,  NECROPSY,  AUTOPSY  AND  LABORATORY  PROCEDURES, AND ANIMAL
CARCASSES EXPOSED TO PATHOGENS IN RESEARCH AND  THE  BEDDING  AND  OTHER
WASTE  FROM  SUCH ANIMALS, BUT DOES NOT INCLUDE TEETH OR FORMALDEHYDE OR
OTHER PRESERVATIVE AGENTS; AND
  (D) "SHARPS," WHICH INCLUDES NEEDLES, INTRAVENOUS TUBING WITH  NEEDLES
ATTACHED,  SCALPEL  BLADES,  LANCETS, BREAKABLE GLASS TUBES AND SYRINGES
THAT HAVE BEEN REMOVED FROM THEIR ORIGINAL STERILE CONTAINERS.
  8. "ISOLATION" IS THE PHYSICAL SEPARATION AND CONFINEMENT OF AN  INDI-
VIDUAL  OR GROUPS OF INDIVIDUALS WHO ARE INFECTED OR REASONABLY BELIEVED
TO BE INFECTED WITH A CONTAGIOUS DISEASE OR POSSIBLY CONTAGIOUS  DISEASE
FROM  NON-ISOLATED  INDIVIDUALS, TO PREVENT OR LIMIT THE TRANSMISSION OF
THE DISEASE TO NON-ISOLATED INDIVIDUALS.
  9. "MENTAL HEALTH SUPPORT PERSONNEL" INCLUDES, BUT IS NOT LIMITED  TO,
PSYCHIATRISTS,  PSYCHOLOGISTS, SOCIAL WORKERS AND VOLUNTEER CRISIS COUN-
SELING GROUPS.
  10. "ORGANIZED MILITIA" IS THE ORGANIZED  MILITIA  AS  CONSTITUTED  IN
SUBDIVISION ONE OF SECTION TWO OF THE MILITARY LAW.
  11.  "PROTECTED  HEALTH INFORMATION" IS ANY INFORMATION, WHETHER ORAL,
WRITTEN, ELECTRONIC, VISUAL OR IN ANY OTHER FORM,  THAT  RELATES  TO  AN
INDIVIDUAL'S  PAST,  PRESENT OR FUTURE PHYSICAL OR MENTAL HEALTH STATUS,
CONDITION, TREATMENT, SERVICE, PRODUCTS PURCHASE OR PROVISION  OF  CARE,
AND THAT REVEALS THE IDENTITY OF THE INDIVIDUAL WHOSE HEALTH CARE IS THE
SUBJECT  OF  THE  INFORMATION,  OR  WHERE THERE IS A REASONABLE BASIS TO
BELIEVE SUCH INFORMATION COULD BE UTILIZED (EITHER ALONE OR  WITH  OTHER
INFORMATION  THAT  IS  OR  SHOULD REASONABLY BE KNOWN TO BE AVAILABLE TO
PREDICTABLE RECIPIENTS OF SUCH INFORMATION) TO REVEAL  THE  IDENTITY  OF
THAT INDIVIDUAL.
  12. "PUBLIC HEALTH AUTHORITY" IS THE DEPARTMENT OR ANY MUNICIPAL AGEN-
CY THAT ACTS PRINCIPALLY TO PROTECT AND PRESERVE THE PUBLIC'S HEALTH, OR

S. 5361                             9

ANY OFFICER OR EMPLOYEE OF THE DEPARTMENT OR SUCH AN AGENCY WHEN AUTHOR-
IZED BY LAW, RULE OR REGULATION TO ACT.
  13.  "PUBLIC  HEALTH EMERGENCY" IS AN OCCURRENCE OR IMMINENT THREAT OF
AN ILLNESS OR HEALTH CONDITION THAT IS BELIEVED TO BE CAUSED BY  BIOTER-
RORISM, AND POSES A HIGH PROBABILITY OF ANY OF THE FOLLOWING HARMS:
  (A) A LARGE NUMBER OF DEATHS IN THE AFFECTED POPULATION,
  (B)  A  LARGE  NUMBER  OF  SERIOUS  OR  LONG  TERM DISABILITIES IN THE
AFFECTED POPULATION, OR
  (C) WIDESPREAD EXPOSURE TO AN INFECTIOUS OR TOXIC AGENT THAT  POSES  A
SIGNIFICANT  RISK OF SUBSTANTIAL FUTURE HARM TO A LARGE NUMBER OF PEOPLE
IN THE AFFECTED POPULATION.
  14. "PUBLIC SAFETY AUTHORITY" MEANS THE DIVISION OF  STATE  POLICE  OR
ANY  MUNICIPAL  POLICE OR SHERIFF'S DEPARTMENT, OR ANY POLICE OFFICER OF
SUCH DIVISION OR DEPARTMENT WHEN AUTHORIZED BY LAW, RULE  OR  REGULATION
TO ACT.
  15.  "QUARANTINE"  IS  THE  PHYSICAL  SEPARATION AND CONFINEMENT OF AN
INDIVIDUAL, OR GROUP OR GROUPS OF INDIVIDUALS WHO ARE OR MAY  HAVE  BEEN
EXPOSED  TO  A CONTAGIOUS OR POSSIBLY CONTAGIOUS DISEASE, AND WHO DO NOT
SHOW SIGNS OR SYMPTOMS OF A  CONTAGIOUS  DISEASE,  FROM  NON-QUARANTINED
INDIVIDUALS  TO PREVENT OR LIMIT THE TRANSMISSION OF THE DISEASE TO NON-
QUARANTINED INDIVIDUALS.
  16. "SPECIMENS" INCLUDE, BUT ARE NOT LIMITED TO, BLOOD, SPUTUM, URINE,
STOOL, OTHER BODILY FLUIDS, WASTES, TISSUES AND  CULTURES  NECESSARY  TO
PERFORM REQUIRED TESTS.
  17.  "TESTS" INCLUDE, BUT ARE NOT LIMITED TO, ANY DIAGNOSTIC OR INVES-
TIGATIVE ANALYSES NECESSARY TO PREVENT THE SPREAD OF DISEASE OR  PROTECT
THE PUBLIC'S HEALTH, SAFETY AND WELFARE.
  18.  "TRIAL  COURT" MEANS THE SUPREME COURT HAVING JURISDICTION IN THE
COUNTY WHERE AN ACTION IS TO BE TAKEN.
                                TITLE II
                  SPECIAL POWERS DURING STATE OF PUBLIC
                HEALTH EMERGENCY; MANAGEMENT OF PROPERTY
SECTION 1010. EMERGENCY MEASURES CONCERNING FACILITIES AND MATERIALS.
        1011. ACCESS TO AND CONTROL OF FACILITIES AND PROPERTY; GENERAL-
                LY.
        1012. SAFE DISPOSAL OF INFECTIOUS WASTE.
        1013. SAFE DISPOSAL OF HUMAN REMAINS.
        1014. CONTROL OF HEALTH CARE SUPPLIES.
        1015. COMPENSATION.
        1016. DESTRUCTION OF PROPERTY.
  S 1010. EMERGENCY MEASURES CONCERNING FACILITIES  AND  MATERIALS.  THE
PUBLIC  HEALTH  AUTHORITY  MAY  EXERCISE,  FOR SUCH PERIOD AS A STATE OF
PUBLIC HEALTH EMERGENCY EXISTS,  THE  FOLLOWING  POWERS  OVER  DANGEROUS
FACILITIES AND MATERIALS:
  1.  FACILITIES.  TO  CLOSE, DIRECT AND COMPEL THE EVACUATION OF, OR TO
DECONTAMINATE OR CAUSE TO BE DECONTAMINATED ANY FACILITY FOR WHICH THERE
IS REASONABLE CAUSE TO BELIEVE  THAT  SUCH  FACILITY  MAY  ENDANGER  THE
PUBLIC HEALTH; AND
  2.  MATERIALS.  TO  DECONTAMINATE  OR  CAUSE  TO BE DECONTAMINATED, OR
DESTROY ANY MATERIAL FOR WHICH THERE IS REASONABLE CAUSE TO BELIEVE THAT
SUCH MATERIAL MAY ENDANGER THE PUBLIC HEALTH.
  S 1011. ACCESS TO AND CONTROL OF FACILITIES AND  PROPERTY;  GENERALLY.
THE  PUBLIC  HEALTH AUTHORITY MAY EXERCISE, FOR SUCH PERIOD AS THE STATE
OF PUBLIC HEALTH  EMERGENCY  EXISTS,  THE  FOLLOWING  POWERS  CONCERNING
FACILITIES, MATERIALS, ROADS, OR PUBLIC AREAS:

S. 5361                            10

  1.  USE  OF  FACILITIES  AND MATERIALS. TO PROCURE, BY CONDEMNATION OR
OTHERWISE, CONSTRUCT, LEASE, TRANSPORT,  STORE,  MAINTAIN,  RENOVATE  OR
DISTRIBUTE SUCH MATERIALS AND FACILITIES AS MAY BE REASONABLE AND NECES-
SARY  TO  RESPOND TO THE PUBLIC HEALTH EMERGENCY, WITH THE RIGHT TO TAKE
IMMEDIATE  POSSESSION  THEREOF.  SUCH  MATERIALS  AND  FACILITIES  SHALL
INCLUDE, BUT ARE NOT LIMITED TO, COMMUNICATION DEVICES, COMMON CARRIERS,
REAL ESTATE, FUELS, FOOD AND CLOTHING;
  2. USE OF HEALTH CARE FACILITIES. TO REQUIRE A HEALTH CARE FACILITY TO
PROVIDE SERVICES OR THE USE OF ITS FACILITY IF SUCH SERVICES OR USE  ARE
REASONABLE  AND NECESSARY TO RESPOND TO THE PUBLIC HEALTH EMERGENCY AS A
CONDITION OF LICENSURE, AUTHORIZATION OR THE ABILITY TO  CONTINUE  DOING
BUSINESS  IN  THE  STATE AS A HEALTH CARE FACILITY.  THE USE OF A HEALTH
CARE FACILITY MAY INCLUDE TRANSFERRING THE MANAGEMENT AND SUPERVISION OF
THE HEALTH CARE FACILITY TO THE PUBLIC HEALTH AUTHORITY FOR A LIMITED OR
UNLIMITED PERIOD OF TIME, BUT SHALL NOT  EXCEED  THE  DECLARATION  OF  A
STATE OF PUBLIC HEALTH EMERGENCY;
  3. CONTROL OF MATERIALS. TO INSPECT, CONTROL, RESTRICT AND REGULATE BY
RATIONING  AND  USING  QUOTAS,  PROHIBITIONS ON SHIPMENTS, ALLOCATION OR
OTHER MEANS THE USE, SALE, DISPENSING, DISTRIBUTION,  OR  TRANSPORTATION
OF SUCH FOOD, FUEL, CLOTHING AND OTHER COMMODITIES, AS MAY BE REASONABLE
AND NECESSARY TO RESPOND TO THE PUBLIC HEALTH EMERGENCY; AND
  4.  CONTROL OF ROADS AND PUBLIC AREAS.  (A) TO PRESCRIBE ROUTES, MODES
OF TRANSPORTATION AND DESTINATIONS  IN  CONNECTION  WITH  EVACUATION  OF
PERSONS OR THE PROVISION OF EMERGENCY SERVICES, AND
  (B) TO CONTROL OR LIMIT INGRESS AND EGRESS TO AND FROM ANY STRICKEN OR
THREATENED  PUBLIC  AREA,  THE MOVEMENT OF PERSONS WITHIN SUCH AREA, AND
THE OCCUPANCY OF PREMISES THEREIN, IF  SUCH  ACTION  IS  REASONABLE  AND
NECESSARY TO RESPOND TO THE PUBLIC HEALTH EMERGENCY.
  S 1012. SAFE DISPOSAL OF INFECTIOUS WASTE. THE PUBLIC HEALTH AUTHORITY
MAY  EXERCISE,  FOR SUCH PERIOD OF THE STATE OF PUBLIC HEALTH EMERGENCY,
THE FOLLOWING POWERS REGARDING THE SAFE DISPOSAL OF INFECTIOUS WASTE:
  1. ADOPT MEASURES. TO ADOPT AND ENFORCE SUCH MEASURES TO  PROVIDE  FOR
THE SAFE DISPOSAL OF INFECTIOUS WASTE AS MAY BE REASONABLE AND NECESSARY
TO  RESPOND  TO  THE PUBLIC HEALTH EMERGENCY. SUCH MEASURES MAY INCLUDE,
BUT ARE NOT LIMITED TO, THE COLLECTION, STORAGE, HANDLING,  DESTRUCTION,
TREATMENT, TRANSPORTATION AND DISPOSAL OF INFECTIOUS WASTE;
  2.  CONTROL OF FACILITIES. TO REQUIRE ANY BUSINESS OR FACILITY AUTHOR-
IZED TO COLLECT, STORE, HANDLE, DESTROY, TREAT, TRANSPORT OR DISPOSE  OF
INFECTIOUS WASTE UNDER THE LAWS OF THIS STATE, AND ANY LANDFILL BUSINESS
OR  OTHER SUCH PROPERTY, TO ACCEPT INFECTIOUS WASTE, OR PROVIDE SERVICES
OR THE USE OF THE BUSINESS, FACILITY  OR  PROPERTY  IF  SUCH  ACTION  IS
REASONABLE  AND NECESSARY TO RESPOND TO THE PUBLIC HEALTH EMERGENCY AS A
CONDITION OF LICENSURE, AUTHORIZATION OR THE ABILITY TO  CONTINUE  DOING
BUSINESS  IN  THE  STATE  AS SUCH BUSINESS OR FACILITY.   THE USE OF THE
BUSINESS, FACILITY OR PROPERTY MAY INCLUDE TRANSFERRING  THE  MANAGEMENT
AND  SUPERVISION  OF  SUCH  BUSINESS, FACILITY OR PROPERTY TO THE PUBLIC
HEALTH AUTHORITY FOR A LIMITED OR UNLIMITED PERIOD OF  TIME,  BUT  SHALL
NOT  EXCEED  THE  TERMINATION  OF  THE  DECLARATION OF A STATE OF PUBLIC
HEALTH EMERGENCY;
  3. USE OF FACILITIES. TO PROCURE, BY CONDEMNATION  OR  OTHERWISE,  ANY
BUSINESS  OR  FACILITY  AUTHORIZED  TO  COLLECT, STORE, HANDLE, DESTROY,
TREAT, TRANSPORT OR DISPOSE OF INFECTIOUS WASTE UNDER THE LAWS  OF  THIS
STATE,  AND  ANY  LANDFILL  BUSINESS  OR  OTHER  SUCH PROPERTY AS MAY BE
REASONABLE AND NECESSARY TO RESPOND TO THE PUBLIC HEALTH EMERGENCY, WITH
THE POWER TO TAKE IMMEDIATE POSSESSION THEREOF; AND

S. 5361                            11

  4. IDENTIFICATION. ALL BAGS, BOXES AND OTHER CONTAINERS FOR INFECTIOUS
WASTE SHALL BE CLEARLY IDENTIFIED AS CONTAINING INFECTIOUS WASTE AND  IF
KNOWN, THE TYPE OF INFECTIOUS WASTE.
  S  1013.  SAFE DISPOSAL OF HUMAN REMAINS.  THE PUBLIC HEALTH AUTHORITY
MAY EXERCISE, FOR SUCH PERIOD AS THE STATE OF  PUBLIC  HEALTH  EMERGENCY
EXISTS,  THE  FOLLOWING  POWERS  REGARDING  THE  SAFE  DISPOSAL OF HUMAN
REMAINS:
  1. ADOPT MEASURES. TO ADOPT AND ENFORCE SUCH MEASURES TO  PROVIDE  FOR
THE SAFE DISPOSAL OF HUMAN REMAINS AS MAY BE REASONABLE AND NECESSARY TO
RESPOND  TO THE PUBLIC HEALTH EMERGENCY.  SUCH MEASURES MAY INCLUDE, BUT
ARE NOT LIMITED TO, THE EMBALMING, BURIAL, CREMATION, INTERMENT,  DISIN-
TERMENT, TRANSPORTATION AND DISPOSAL OF HUMAN REMAINS;
  2. POSSESSION. TO TAKE POSSESSION OR CONTROL OF ANY HUMAN REMAINS;
  3.  DISPOSAL.  TO  ORDER THE DISPOSAL OF ANY HUMAN REMAINS OF A PERSON
WHO HAS DIED OF A CONTAGIOUS DISEASE THROUGH BURIAL OR CREMATION  WITHIN
TWENTY-FOUR  HOURS  AFTER DEATH.  TO THE EXTENT POSSIBLE, THE RELIGIOUS,
CULTURAL, FAMILY AND INDIVIDUAL BELIEFS OF THE DECEASED OR  HIS  OR  HER
FAMILY SHALL BE CONSIDERED WHEN DISPOSING OF ANY HUMAN REMAINS;
  4.  CONTROL OF FACILITIES. TO REQUIRE ANY BUSINESS OR FACILITY AUTHOR-
IZED TO EMBALM, BURY, CREMATE, INTER, DISINTER, TRANSPORT OR DISPOSE  OF
HUMAN  REMAINS  UNDER THE LAWS OF THIS STATE TO ACCEPT ANY HUMAN REMAINS
OR PROVIDE THE USE OF ITS BUSINESS  OR  FACILITY  IF  SUCH  ACTIONS  ARE
REASONABLE  AND NECESSARY TO RESPOND TO THE PUBLIC HEALTH EMERGENCY AS A
CONDITION OF LICENSURE, AUTHORIZATION OR THE ABILITY TO  CONTINUE  DOING
BUSINESS  IN  THE  STATE AS SUCH A BUSINESS OR FACILITY.  THE USE OF THE
BUSINESS OR FACILITY MAY INCLUDE TRANSFERRING THE MANAGEMENT AND  SUPER-
VISION OF SUCH BUSINESS OR FACILITY TO THE PUBLIC HEALTH AUTHORITY FOR A
LIMITED  OR  UNLIMITED  PERIOD  OF TIME, BUT SHALL NOT EXCEED THE TERMI-
NATION OF THE DECLARATION OF A STATE OF PUBLIC HEALTH EMERGENCY;
  5. USE OF FACILITIES. TO PROCURE, BY CONDEMNATION  OR  OTHERWISE,  ANY
BUSINESS  OR  FACILITY  AUTHORIZED  TO  EMBALM,  BURY,  CREMATE,  INTER,
DISINTER, TRANSPORT OR DISPOSE OF HUMAN REMAINS UNDER THE LAWS  OF  THIS
STATE AS MAY BE REASONABLE AND NECESSARY TO RESPOND TO THE PUBLIC HEALTH
EMERGENCY WITH THE POWER TO TAKE IMMEDIATE POSSESSION THEREOF;
  6.  LABELING.  EVERY  HUMAN  REMAIN PRIOR TO DISPOSAL SHALL BE CLEARLY
LABELED WITH ALL AVAILABLE INFORMATION TO IDENTIFY THE DECEDENT AND  THE
CIRCUMSTANCES  OF  DEATH. ANY REMAINS OF A DECEASED PERSON WITH A CONTA-
GIOUS DISEASE SHALL HAVE AN EXTERNAL,  CLEARLY  VISIBLE  TAG  INDICATING
THAT  THE  HUMAN  REMAINS  ARE  INFECTED  AND,  IF KNOWN, THE CONTAGIOUS
DISEASE;
  7. IDENTIFICATION. EVERY PERSON IN CHARGE OF DISPOSING  OF  ANY  HUMAN
REMAINS  SHALL  MAINTAIN  A  WRITTEN  OR ELECTRONIC RECORD OF EACH HUMAN
REMAIN AND ALL AVAILABLE  INFORMATION  TO  IDENTIFY  THE  DECEDENT,  THE
CIRCUMSTANCES OF DEATH AND THE DISPOSAL THEREOF. IF HUMAN REMAINS CANNOT
BE IDENTIFIED, PRIOR TO DISPOSAL A QUALIFIED PERSON SHALL, TO THE EXTENT
POSSIBLE,  TAKE  FINGERPRINTS  AND  ONE OR MORE PHOTOGRAPHS OF THE HUMAN
REMAINS, OBTAIN IDENTIFYING DENTAL INFORMATION, AND COLLECT A DNA SPECI-
MEN. ALL INFORMATION GATHERED PURSUANT  TO  THIS  SUBDIVISION  SHALL  BE
PROMPTLY FORWARDED TO THE PUBLIC HEALTH AUTHORITY.
  S  1014.  CONTROL OF HEALTH CARE SUPPLIES. 1. PROCUREMENT.  THE PUBLIC
HEALTH  AUTHORITY  MAY  PURCHASE  AND  DISTRIBUTE  ANTI-TOXINS,  SERUMS,
VACCINES, IMMUNIZING AGENTS, ANTIBIOTICS AND OTHER PHARMACEUTICAL AGENTS
OR MEDICAL SUPPLIES THAT IT DEEMS ADVISABLE IN THE INTEREST OF PREPARING
FOR  OR  CONTROLLING  A  PUBLIC HEALTH EMERGENCY, WITHOUT ANY ADDITIONAL
LEGISLATIVE AUTHORIZATION.

S. 5361                            12

  2. RATIONING. IF A STATE OF  PUBLIC  HEALTH  EMERGENCY  RESULTS  IN  A
STATEWIDE  OR  REGIONAL  SHORTAGE  OR THREATENED SHORTAGE OF ANY PRODUCT
COVERED BY SUBDIVISION ONE OF THIS SECTION, WHETHER OR NOT SUCH  PRODUCT
HAS  BEEN  PURCHASED  BY  THE PUBLIC HEALTH AUTHORITY, THE PUBLIC HEALTH
AUTHORITY  MAY  CONTROL,  RESTRICT  AND  REGULATE BY RATIONING AND USING
QUOTAS, PROHIBITIONS ON SHIPMENTS, ALLOCATION OR OTHER MEANS,  THE  USE,
SALE, DISPENSING, DISTRIBUTION OR TRANSPORTATION OF THE RELEVANT PRODUCT
NECESSARY TO PROTECT THE HEALTH, SAFETY AND WELFARE OF THE PEOPLE OF THE
STATE.
  3.  PRIORITY.  IN  MAKING  RATIONING  OR OTHER SUPPLY AND DISTRIBUTION
DECISIONS, THE PUBLIC HEALTH AUTHORITY MAY  GIVE  PREFERENCE  TO  HEALTH
CARE PROVIDERS, DISASTER RESPONSE PERSONNEL AND MORTUARY STAFF.
  4. DISTRIBUTION. DURING A STATE OF PUBLIC HEALTH EMERGENCY, THE PUBLIC
HEALTH  AUTHORITY  MAY  PROCURE,  STORE  AND DISTRIBUTE ANY ANTI-TOXINS,
SERUMS, VACCINES, IMMUNIZING AGENTS, ANTIBIOTICS  AND  OTHER  PHARMACEU-
TICAL  AGENTS  OR  MEDICAL  SUPPLIES  LOCATED WITHIN THE STATE AS MAY BE
REASONABLE AND NECESSARY TO RESPOND TO THE PUBLIC HEALTH EMERGENCY, WITH
THE RIGHT TO TAKE IMMEDIATE POSSESSION THEREOF. IF A PUBLIC HEALTH EMER-
GENCY SIMULTANEOUSLY AFFECTS  MORE  THAN  ONE  STATE,  NOTHING  IN  THIS
SECTION  SHALL  BE  CONSTRUED  TO  ALLOW  THE PUBLIC HEALTH AUTHORITY TO
OBTAIN ANTI-TOXINS, SERUMS, VACCINES, IMMUNIZING AGENTS, ANTIBIOTICS AND
OTHER PHARMACEUTICAL AGENTS OR MEDICAL SUPPLIES FOR THE PRIMARY  PURPOSE
OF  HOARDING  SUCH  PRODUCTS  OR  PREVENTING  THEIR  FAIR  AND EQUITABLE
DISTRIBUTION AMONG AFFECTED STATES.
  S 1015. COMPENSATION. THE STATE SHALL PAY  JUST  COMPENSATION  TO  THE
OWNER OF ANY FACILITY OR MATERIAL THAT IS LAWFULLY TAKEN OR APPROPRIATED
BY  THE PUBLIC HEALTH AUTHORITY FOR ITS TEMPORARY OR PERMANENT USE UNDER
THIS TITLE ACCORDING TO  THE  PROCEDURES  AND  STANDARDS  SET  FORTH  IN
SECTION  ONE THOUSAND FORTY-FOUR OF THIS ARTICLE. COMPENSATION SHALL NOT
BE PROVIDED FOR FACILITIES OR  MATERIALS  THAT  ARE  CLOSED,  EVACUATED,
DECONTAMINATED  OR  DESTROYED  WHEN THERE IS REASONABLE CAUSE TO BELIEVE
THAT THEY MAY ENDANGER THE PUBLIC HEALTH PURSUANT TO SECTION  ONE  THOU-
SAND TWENTY OF THIS ARTICLE.
  S 1016. DESTRUCTION OF PROPERTY. TO THE EXTENT PRACTICABLE, CONSISTENT
WITH  THE  PROTECTION  OF PUBLIC HEALTH, PRIOR TO THE DESTRUCTION OF ANY
PROPERTY PURSUANT TO THIS  TITLE,  THE  PUBLIC  HEALTH  AUTHORITY  SHALL
INSTITUTE  APPROPRIATE  CIVIL  PROCEEDINGS  AGAINST  THE  PROPERTY TO BE
DESTROYED IN ACCORDANCE WITH THE EXISTING LAWS AND RULES OF  THE  COURTS
OF THIS STATE, OR ANY SUCH RULES THAT MAY BE DEVELOPED BY THE COURTS FOR
USE DURING A STATE OF PUBLIC HEALTH EMERGENCY.  ANY PROPERTY ACQUIRED BY
THE  PUBLIC HEALTH AUTHORITY THROUGH SUCH PROCEEDINGS SHALL, AFTER ENTRY
OF THE ORDER, BE DISPOSED OF BY DESTRUCTION PURSUANT  TO  THE  TERMS  OF
SUCH ORDER.
                                TITLE III
  SPECIAL POWERS DURING STATE OF PUBLIC HEALTH EMERGENCY; PROTECTION OF
                                 PERSONS
SECTION 1020. PROTECTION OF PERSONS.
        1021. MEDICAL EXAMINATIONS AND TESTING.
        1022. VACCINATION AND TREATMENT.
        1023. ISOLATION AND QUARANTINE.
        1024. PROCEDURES FOR ISOLATION AND QUARANTINE.
        1025. COLLECTION OF LABORATORY SPECIMENS; PERFORMANCE OF TESTS.
        1026. ACCESS AND DISCLOSURE OF PROTECTED HEALTH INFORMATION.
        1027. LICENSING AND APPOINTMENT OF HEALTH PERSONNEL.
  S  1020.  PROTECTION OF PERSONS. DURING A STATE OF PUBLIC HEALTH EMER-
GENCY, THE PUBLIC HEALTH AUTHORITY SHALL USE EVERY  AVAILABLE  MEANS  TO

S. 5361                            13

PREVENT  THE  TRANSMISSION  OF INFECTIOUS DISEASE AND TO ENSURE THAT ALL
CASES OF CONTAGIOUS DISEASE ARE SUBJECT TO PROPER CONTROL AND TREATMENT.
  S  1021.  MEDICAL  EXAMINATIONS  AND TESTING. DURING A STATE OF PUBLIC
HEALTH EMERGENCY, THE PUBLIC HEALTH AUTHORITY MAY PERFORM PHYSICAL EXAM-
INATIONS AND/OR TESTS AS NECESSARY FOR THE DIAGNOSIS  AND  TREATMENT  OF
INDIVIDUALS.
  1.  MEDICAL  EXAMINATIONS  AND TESTS MAY BE PERFORMED BY ANY QUALIFIED
PERSON AUTHORIZED TO DO SO BY THE PUBLIC HEALTH AUTHORITY.
  2. MEDICAL EXAMINATIONS AND TESTS SHALL NOT BE  REASONABLY  LIKELY  TO
RESULT IN SERIOUS HARM TO THE AFFECTED INDIVIDUAL.
  3.  THE PUBLIC HEALTH AUTHORITY MAY ISOLATE OR QUARANTINE, PURSUANT TO
SECTION ONE THOUSAND  TWENTY-THREE  OF  THIS  TITLE,  ANY  PERSON  WHOSE
REFUSAL OF MEDICAL EXAMINATION OR TESTING RESULTS IN UNCERTAINTY REGARD-
ING WHETHER SUCH PERSON HAS BEEN EXPOSED TO OR IS INFECTED WITH A CONTA-
GIOUS  OR  POSSIBLY  CONTAGIOUS  DISEASE, OR OTHERWISE POSES A DANGER TO
PUBLIC HEALTH.
  S 1022. VACCINATION AND TREATMENT. DURING A  STATE  OF  PUBLIC  HEALTH
EMERGENCY,  THE PUBLIC HEALTH AUTHORITY MAY EXERCISE THE FOLLOWING EMER-
GENCY POWERS OVER PERSONS AS NECESSARY  TO  ADDRESS  THE  PUBLIC  HEALTH
EMERGENCY:
  1.  VACCINATION.  TO VACCINATE PEOPLE AS PROTECTION AGAINST INFECTIOUS
DISEASE AND TO PREVENT THE SPREAD OF CONTAGIOUS OR  POSSIBLY  CONTAGIOUS
DISEASE.
  (A) VACCINATION MAY BE PERFORMED BY ANY QUALIFIED PERSON AUTHORIZED TO
DO SO BY THE PUBLIC HEALTH AUTHORITY.
  (B) TO PREVENT THE SPREAD OF CONTAGIOUS OR POSSIBLY CONTAGIOUS DISEASE
THE  PUBLIC  HEALTH  AUTHORITY  MAY  ISOLATE  OR QUARANTINE, PURSUANT TO
SECTION ONE THOUSAND TWENTY-THREE OF THIS TITLE, PERSONS WHO ARE  UNABLE
OR  UNWILLING  FOR  REASONS OF HEALTH, RELIGION OR CONSCIENCE TO UNDERGO
VACCINATION PURSUANT TO THIS SUBDIVISION.
  2. TREATMENT. TO TREAT PEOPLE EXPOSED TO OR INFECTED WITH DISEASE.
  (A) TREATMENT MAY BE ADMINISTERED BY ANY QUALIFIED  PERSON  AUTHORIZED
TO DO SO BY THE PUBLIC HEALTH AUTHORITY.
  (B)  TREATMENT  SHALL NOT BE SUCH THAT IT IS REASONABLY LIKELY TO LEAD
TO SERIOUS HARM TO THE AFFECTED INDIVIDUAL.
  (C) TO PREVENT THE SPREAD OF CONTAGIOUS OR POSSIBLY CONTAGIOUS DISEASE
A PUBLIC HEALTH AUTHORITY MAY ISOLATE OR QUARANTINE PURSUANT TO  SECTION
ONE  THOUSAND  TWENTY-THREE  OF  THIS  TITLE,  PERSONS WHO ARE UNABLE OR
UNWILLING FOR REASONS OF  HEALTH,  RELIGION  OR  CONSCIENCE  TO  UNDERGO
TREATMENT PURSUANT TO THIS SUBDIVISION.
  S  1023. ISOLATION AND QUARANTINE. 1. AUTHORIZATION. DURING THE PUBLIC
HEALTH EMERGENCY, A PUBLIC HEALTH AUTHORITY MAY ISOLATE OR QUARANTINE AN
INDIVIDUAL OR GROUPS OF INDIVIDUALS. THIS INCLUDES INDIVIDUALS OR GROUPS
WHO HAVE NOT BEEN VACCINATED, TREATED, TESTED OR  EXAMINED  PURSUANT  TO
SECTIONS  ONE  THOUSAND  TWENTY-ONE  AND ONE THOUSAND TWENTY-TWO OF THIS
TITLE. THE PUBLIC HEALTH AUTHORITY MAY ALSO ESTABLISH AND MAINTAIN PLAC-
ES OF ISOLATION AND QUARANTINE, AND SET RULES AND MAKE ORDERS.   FAILURE
TO OBEY SUCH RULES, ORDERS OR PROVISIONS SHALL CONSTITUTE A MISDEMEANOR.
  2. CONDITIONS AND PRINCIPLES. THE PUBLIC HEALTH AUTHORITY SHALL ADHERE
TO  THE FOLLOWING CONDITIONS AND PRINCIPLES WHEN ISOLATING OR QUARANTIN-
ING INDIVIDUALS OR GROUPS OF INDIVIDUALS:
  (A) ISOLATION AND QUARANTINE SHALL BE BY THE LEAST  RESTRICTIVE  MEANS
NECESSARY  TO  PREVENT THE SPREAD OF A CONTAGIOUS OR POSSIBLY CONTAGIOUS
DISEASE TO OTHERS AND MAY INCLUDE, BUT NOT BE LIMITED TO, CONFINEMENT TO
PRIVATE HOMES, OR OTHER PRIVATE AND PUBLIC PREMISES;

S. 5361                            14

  (B) ISOLATED INDIVIDUALS SHALL BE CONFINED SEPARATELY FROM QUARANTINED
INDIVIDUALS;
  (C) THE HEALTH STATUS OF ISOLATED AND QUARANTINED INDIVIDUALS SHALL BE
MONITORED  REGULARLY  TO  DETERMINE IF THEY REQUIRE ISOLATION OR QUARAN-
TINE;
  (D) IF A QUARANTINED INDIVIDUAL SUBSEQUENTLY BECOMES  INFECTED  OR  IS
REASONABLY  BELIEVED TO HAVE BECOME INFECTED WITH A CONTAGIOUS OR POSSI-
BLY CONTAGIOUS DISEASE HE OR SHE SHALL PROMPTLY BE REMOVED TO ISOLATION;
  (E) ISOLATED AND QUARANTINED INDIVIDUALS MUST BE IMMEDIATELY  RELEASED
WHEN  THEY  POSE  NO  SUBSTANTIAL  RISK  OF TRANSMITTING A CONTAGIOUS OR
POSSIBLY CONTAGIOUS DISEASE TO OTHERS;
  (F) THE NEEDS OF PERSONS ISOLATED AND QUARANTINED SHALL  BE  ADDRESSED
IN  A  SYSTEMATIC  AND  COMPETENT FASHION INCLUDING, BUT NOT LIMITED TO,
PROVIDING ADEQUATE FOOD, CLOTHING, SHELTER, MEANS OF COMMUNICATION  WITH
THOSE  IN  ISOLATION OR QUARANTINE AND OUTSIDE SUCH SETTINGS, MEDICATION
AND COMPETENT MEDICAL CARE;
  (G) PREMISES USED FOR ISOLATION AND QUARANTINE SHALL BE MAINTAINED  IN
A  SAFE  AND HYGIENIC MANNER, AND BE DESIGNED TO MINIMIZE THE LIKELIHOOD
OF FURTHER TRANSMISSION OF INFECTION OR OTHER HARMS TO PERSONS  ISOLATED
AND QUARANTINED; AND
  (H)  TO  THE EXTENT POSSIBLE, CULTURAL AND RELIGIOUS BELIEFS SHOULD BE
CONSIDERED IN ADDRESSING THE NEEDS OF INDIVIDUALS, AND ESTABLISHING  AND
MAINTAINING ISOLATION AND QUARANTINE PREMISES.
  3.  COOPERATION. PERSONS SUBJECT TO ISOLATION OR QUARANTINE SHALL OBEY
THE PUBLIC HEALTH AUTHORITY'S RULES AND ORDERS; AND SHALL NOT GO  BEYOND
THE ISOLATION OR QUARANTINE PREMISES. FAILURE TO OBEY SUCH RULES, ORDERS
AND PROVISIONS SHALL CONSTITUTE A MISDEMEANOR.
  4. ENTRY INTO ISOLATION OR QUARANTINE PREMISES.  (A) AUTHORIZED ENTRY.
THE  PUBLIC HEALTH AUTHORITY MAY AUTHORIZE PHYSICIANS, HEALTH CARE WORK-
ERS AND OTHERS TO HAVE ACCESS TO INDIVIDUALS IN ISOLATION OR  QUARANTINE
AS NECESSARY TO MEET THE NEEDS OF ISOLATED OR QUARANTINED INDIVIDUALS.
  (B)  UNAUTHORIZED  ENTRY. NO PERSON, OTHER THAN A PERSON AUTHORIZED BY
THE PUBLIC HEALTH AUTHORITY, SHALL ENTER ISOLATION OR  QUARANTINE  PREM-
ISES.  FAILURE TO OBEY THIS PARAGRAPH SHALL CONSTITUTE A MISDEMEANOR.
  (C)   POTENTIAL  ISOLATION  OR  QUARANTINE.  ANY  PERSON  ENTERING  AN
ISOLATION OR QUARANTINE PREMISES WITH OR WITHOUT  AUTHORIZATION  OF  THE
PUBLIC  HEALTH AUTHORITY MAY BE ISOLATED OR QUARANTINED PURSUANT TO THIS
SECTION.
  S 1024. PROCEDURES FOR  ISOLATION  AND  QUARANTINE.  DURING  A  PUBLIC
HEALTH  EMERGENCY,  THE  ISOLATION  AND  QUARANTINE  OF AN INDIVIDUAL OR
GROUPS OF INDIVIDUALS SHALL BE UNDERTAKEN IN ACCORDANCE WITH THE FOLLOW-
ING PROCEDURES:
  1. TEMPORARY ISOLATION AND QUARANTINE  WITHOUT  NOTICE.  (A)  AUTHORI-
ZATION.   THE PUBLIC HEALTH AUTHORITY MAY TEMPORARILY ISOLATE OR QUARAN-
TINE AN INDIVIDUAL OR GROUPS OF INDIVIDUALS THROUGH A WRITTEN  DIRECTIVE
IF  DELAY  IN  IMPOSING  THE ISOLATION OR QUARANTINE WOULD SIGNIFICANTLY
JEOPARDIZE THE PUBLIC HEALTH AUTHORITY'S ABILITY TO PREVENT OR LIMIT THE
TRANSMISSION OF A CONTAGIOUS OR POSSIBLY CONTAGIOUS DISEASE TO OTHERS.
  (B) CONTENT OF DIRECTIVE. THE  WRITTEN  DIRECTIVE  SHALL  SPECIFY  THE
FOLLOWING:  (I)  THE IDENTITY OF THE INDIVIDUAL OR GROUPS OF INDIVIDUALS
SUBJECT TO  ISOLATION  OR  QUARANTINE;  (II)  THE  PREMISES  SUBJECT  TO
ISOLATION  OR  QUARANTINE; (III) THE DATE AND TIME AT WHICH ISOLATION OR
QUARANTINE COMMENCES; (IV) THE SUSPECTED CONTAGIOUS DISEASE,  IF  KNOWN;
AND  (V) A COPY OF THIS TITLE AND THE RELEVANT DEFINITIONS OF THIS ARTI-
CLE.

S. 5361                            15

  (C) COPIES. A COPY OF THE WRITTEN DIRECTIVE  SHALL  BE  GIVEN  TO  THE
INDIVIDUAL  TO  BE ISOLATED OR QUARANTINED OR, IF THE ORDER APPLIES TO A
GROUP OF INDIVIDUALS AND IT IS IMPRACTICAL TO PROVIDE INDIVIDUAL COPIES,
IT MAY BE POSTED IN A CONSPICUOUS PLACE IN THE ISOLATION  OR  QUARANTINE
PREMISES.
  (D)  PETITION  FOR  CONTINUED ISOLATION OR QUARANTINE. WITHIN TEN DAYS
AFTER ISSUING THE WRITTEN DIRECTIVE, THE PUBLIC HEALTH  AUTHORITY  SHALL
FILE  A PETITION PURSUANT TO SUBDIVISION TWO OF THIS SECTION FOR A COURT
ORDER AUTHORIZING THE CONTINUED ISOLATION OR QUARANTINE OF THE  ISOLATED
OR QUARANTINED INDIVIDUAL OR GROUPS OF INDIVIDUALS.
  2.  ISOLATION OR QUARANTINE WITH NOTICE. (A) AUTHORIZATION. THE PUBLIC
HEALTH AUTHORITY MAY MAKE A WRITTEN PETITION TO A  TRIAL  COURT  FOR  AN
ORDER AUTHORIZING THE ISOLATION OR QUARANTINE OF AN INDIVIDUAL OR GROUPS
OF INDIVIDUALS.
  (B) CONTENT OF PETITION. A PETITION PURSUANT TO THIS SUBDIVISION SHALL
SPECIFY  THE  FOLLOWING: (I) THE IDENTITY OF THE INDIVIDUAL OR GROUPS OF
INDIVIDUALS SUBJECT  TO  ISOLATION  OR  QUARANTINE;  (II)  THE  PREMISES
SUBJECT  TO  ISOLATION  OR  QUARANTINE; (III) THE DATE AND TIME AT WHICH
ISOLATION  OR  QUARANTINE  COMMENCES;  (IV)  THE  SUSPECTED   CONTAGIOUS
DISEASE, IF KNOWN; (V) A STATEMENT OF COMPLIANCE WITH THE CONDITIONS AND
PRINCIPLES  FOR ISOLATION AND QUARANTINE AS STATED IN SUBDIVISION TWO OF
SECTION ONE THOUSAND TWENTY-THREE OF THIS TITLE; AND (VI) A STATEMENT OF
THE BASIS UPON WHICH ISOLATION OR QUARANTINE IS JUSTIFIED IN  COMPLIANCE
WITH  THIS TITLE. THE PETITION SHALL BE ACCOMPANIED BY THE SWORN AFFIDA-
VIT OF THE PUBLIC HEALTH AUTHORITY ATTESTING TO THE  FACTS  ASSERTED  IN
THE PETITION, TOGETHER WITH ANY FURTHER INFORMATION THAT MAY BE RELEVANT
AND MATERIAL TO THE COURT'S CONSIDERATION.
  (C)  NOTICE. NOTICE TO THE INDIVIDUAL OR GROUPS OF INDIVIDUALS IDENTI-
FIED IN THE PETITION SHALL BE ACCOMPLISHED WITHIN TWENTY-FOUR  HOURS  IN
ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES.
  (D)  HEARING. A HEARING MUST BE HELD ON ANY PETITION FILED PURSUANT TO
THIS SUBDIVISION   WITHIN FIVE  DAYS  OF  FILING  OF  THE  PETITION.  IN
EXTRAORDINARY  CIRCUMSTANCES  AND FOR GOOD CAUSE SHOWN THE PUBLIC HEALTH
AUTHORITY MAY APPLY TO CONTINUE THE HEARING DATE  ON  A  PETITION  FILED
PURSUANT TO THIS SECTION FOR UP TO TEN DAYS, WHICH CONTINUANCE THE COURT
MAY  GRANT  IN  ITS  DISCRETION  GIVING  DUE REGARD TO THE RIGHTS OF THE
AFFECTED INDIVIDUALS, THE PROTECTION OF THE PUBLIC'S HEALTH, THE SEVERI-
TY OF THE EMERGENCY AND THE  AVAILABILITY  OF  NECESSARY  WITNESSES  AND
EVIDENCE.
  (E)  ORDER.  THE COURT SHALL GRANT THE PETITION IF, BY A PREPONDERANCE
OF THE EVIDENCE, ISOLATION OR  QUARANTINE  IS  SHOWN  TO  BE  REASONABLY
NECESSARY TO PREVENT OR LIMIT THE TRANSMISSION OF A CONTAGIOUS OR POSSI-
BLY CONTAGIOUS DISEASE TO OTHERS.
  (I) AN ORDER AUTHORIZING ISOLATION OR QUARANTINE MAY DO SO FOR A PERI-
OD NOT TO EXCEED THIRTY DAYS.
  (II)  SUCH  ORDER SHALL (A) IDENTIFY THE ISOLATED OR QUARANTINED INDI-
VIDUALS OR GROUPS OF INDIVIDUALS BY NAME OR SHARED OR SIMILAR CHARACTER-
ISTICS  OR  CIRCUMSTANCES;  (B)  SPECIFY  FACTUAL  FINDINGS   WARRANTING
ISOLATION OR QUARANTINE PURSUANT TO THIS ARTICLE; (C) INCLUDE ANY CONDI-
TIONS  NECESSARY  TO  ENSURE THAT ISOLATION OR QUARANTINE IS CARRIED OUT
WITHIN THE STATED PURPOSES AND RESTRICTIONS OF THIS ARTICLE; AND (D)  BE
SERVED  ON  AFFECTED  INDIVIDUALS OR GROUPS OF INDIVIDUALS IN ACCORDANCE
WITH THE CIVIL PRACTICE LAW AND RULES.
  (F) CONTINUANCES. PRIOR TO THE EXPIRATION OF AN ORDER ISSUED  PURSUANT
TO  PARAGRAPH  (E)  OF THIS SUBDIVISION, THE PUBLIC HEALTH AUTHORITY MAY
MOVE TO CONTINUE ISOLATION OR QUARANTINE FOR ADDITIONAL PERIODS  NOT  TO

S. 5361                            16

EXCEED  THIRTY  DAYS  EACH. THE TRIAL COURT SHALL CONSIDER THE MOTION IN
ACCORDANCE WITH STANDARDS SET FORTH IN SUCH PARAGRAPH.
  3.  RELIEF  FROM ISOLATION AND QUARANTINE.  (A) RELEASE. AN INDIVIDUAL
OR GROUP OF INDIVIDUALS ISOLATED OR QUARANTINED PURSUANT TO THIS ARTICLE
MAY APPLY TO THE TRIAL COURT FOR AN ORDER TO SHOW CAUSE WHY THE INDIVID-
UAL OR GROUP OF INDIVIDUALS SHOULD NOT BE RELEASED.    THE  COURT  SHALL
RULE  ON  THE  APPLICATION TO SHOW CAUSE WITHIN FORTY-EIGHT HOURS OF ITS
FILING. IF THE COURT GRANTS THE APPLICATION, THE COURT SHALL SCHEDULE  A
HEARING  ON  THE ORDER TO SHOW CAUSE WITHIN TWENTY-FOUR HOURS FROM ISSU-
ANCE OF THE ORDER TO SHOW CAUSE. THE ISSUANCE OF AN ORDER TO SHOW  CAUSE
SHALL NOT STAY OR ENJOIN AN ISOLATION OR QUARANTINE ORDER.
  (B) REMEDIES FOR BREACH OF CONDITIONS. AN INDIVIDUAL OR GROUP OF INDI-
VIDUALS  ISOLATED  OR QUARANTINED PURSUANT TO THIS ARTICLE MAY REQUEST A
HEARING IN THE TRIAL COURT FOR REMEDIES REGARDING BREACHES TO THE CONDI-
TIONS OF ISOLATION OR QUARANTINE. A REQUEST FOR A HEARING SHALL NOT STAY
OR ENJOIN AN ISOLATION OR QUARANTINE ORDER.
  (I) UPON RECEIPT OF A REQUEST  PURSUANT  TO  THIS  PARAGRAPH  ALLEGING
EXTRAORDINARY CIRCUMSTANCES JUSTIFYING THE IMMEDIATE GRANTING OF RELIEF,
THE  COURT  SHALL FIX A DATE FOR HEARING ON THE MATTERS ALLEGED NOT MORE
THAN TWENTY-FOUR HOURS FROM RECEIPT OF THE REQUEST.
  (II) OTHERWISE, UPON RECEIPT OF A REQUEST PURSUANT TO  THIS  PARAGRAPH
THE  COURT  SHALL FIX A DATE FOR A HEARING ON THE MATTERS ALLEGED WITHIN
FIVE DAYS FROM RECEIPT OF THE REQUEST.
  (C) EXTENSIONS. IN ANY PROCEEDINGS BROUGHT  FOR  RELIEF,  IN  EXTRAOR-
DINARY CIRCUMSTANCES AND FOR GOOD CAUSE SHOWN, THE PUBLIC HEALTH AUTHOR-
ITY MAY MOVE THE COURT TO EXTEND THE TIME FOR A HEARING, WHICH EXTENSION
THE COURT IN ITS DISCRETION MAY GRANT GIVING DUE REGARD TO THE RIGHTS OF
THE  AFFECTED  INDIVIDUALS,  THE  PROTECTION OF THE PUBLIC'S HEALTH, THE
SEVERITY OF THE EMERGENCY AND THE AVAILABILITY  OF  NECESSARY  WITNESSES
AND EVIDENCE.
  4.  PROCEEDINGS.  A RECORD OF THE PROCEEDINGS PURSUANT TO THIS SECTION
SHALL BE MADE AND RETAINED. IN THE EVENT THAT, GIVEN A STATE  OF  PUBLIC
HEALTH  EMERGENCY,  PARTIES  CANNOT  PERSONALLY APPEAR BEFORE THE COURT,
PROCEEDINGS MAY BE CONDUCTED BY THEIR AUTHORIZED REPRESENTATIVES AND  BE
HELD VIA ANY MEANS THAT ALLOWS ALL PARTIES TO FULLY PARTICIPATE.
  5.  COURT  TO APPOINT COUNSEL AND CONSOLIDATE CLAIMS. (A) APPOINTMENT.
THE COURT SHALL APPOINT COUNSEL AT STATE EXPENSE TO  REPRESENT  INDIVID-
UALS OR GROUPS OF INDIVIDUALS WHO ARE OR WHO ARE ABOUT TO BE ISOLATED OR
QUARANTINED  PURSUANT  TO THE PROVISIONS OF THIS ARTICLE AND WHO ARE NOT
OTHERWISE REPRESENTED BY COUNSEL. APPOINTMENTS SHALL BE MADE IN  ACCORD-
ANCE  WITH THE PROCEDURES TO BE SPECIFIED IN THE PUBLIC HEALTH EMERGENCY
PLAN AND SHALL LAST THROUGHOUT THE DURATION OF THE ISOLATION OR  QUARAN-
TINE  OF  THE  INDIVIDUAL  OR  GROUP OF INDIVIDUALS.   THE PUBLIC HEALTH
AUTHORITY SHALL PROVIDE ADEQUATE MEANS  OF  COMMUNICATION  BETWEEN  SUCH
INDIVIDUALS OR GROUPS AND THEIR COUNSEL.
  (B)  CONSOLIDATION.  IN  ANY  PROCEEDINGS  BROUGHT  PURSUANT  TO  THIS
SECTION, TO PROMOTE THE FAIR AND  EFFICIENT  OPERATION  OF  JUSTICE  AND
HAVING  GIVEN  DUE REGARD TO THE RIGHTS OF THE AFFECTED INDIVIDUALS, THE
PROTECTION OF THE PUBLIC'S HEALTH, THE SEVERITY OF THE EMERGENCY AND THE
AVAILABILITY OF NECESSARY WITNESSES AND EVIDENCE, THE  COURT  MAY  ORDER
THE CONSOLIDATION OF INDIVIDUAL CLAIMS INTO GROUP CLAIMS WHERE:
  (I)  THE  NUMBER OF INDIVIDUALS INVOLVED OR TO BE AFFECTED IS SO LARGE
AS TO RENDER INDIVIDUAL PARTICIPATION IMPRACTICAL;
  (II) THERE ARE QUESTIONS OF LAW  OR  FACT  COMMON  TO  THE  INDIVIDUAL
CLAIMS OR RIGHTS TO BE DETERMINED;

S. 5361                            17

  (III)  THE  GROUP CLAIMS OR RIGHTS TO BE DETERMINED ARE TYPICAL OF THE
AFFECTED INDIVIDUALS' CLAIMS OR RIGHTS; AND
  (IV)  THE  ENTIRE  GROUP WILL BE ADEQUATELY REPRESENTED IN THE CONSOL-
IDATION.
  S 1025. COLLECTION OF LABORATORY SPECIMENS; PERFORMANCE OF TESTS.  THE
PUBLIC HEALTH AUTHORITY MAY, FOR SUCH PERIOD  AS  THE  STATE  OF  PUBLIC
HEALTH  EMERGENCY  EXISTS, COLLECT SPECIMENS AND PERFORM TESTS ON LIVING
PERSONS PURSUANT TO SECTION ONE THOUSAND TWENTY-ONE OF  THIS  TITLE  AND
ALSO UPON DECEASED PERSONS AND ANIMALS (LIVING OR DECEASED), AND ACQUIRE
ANY  PREVIOUSLY  COLLECTED SPECIMENS OR TEST RESULTS THAT ARE REASONABLE
AND NECESSARY TO RESPOND TO THE PUBLIC HEALTH EMERGENCY.
  1. MARKING. ALL SPECIMENS SHALL BE CLEARLY MARKED.
  2. CONTAMINATION. SPECIMEN COLLECTION, HANDLING, STORAGE AND TRANSPORT
TO THE TESTING SITE SHALL BE PERFORMED IN A MANNER THAT WILL  REASONABLY
PRECLUDE  SPECIMEN  CONTAMINATION  OR  ADULTERATION, AND PROVIDE FOR THE
SAFE COLLECTION, STORAGE, HANDLING AND TRANSPORT OF SUCH SPECIMEN.
  3. CHAIN OF CUSTODY. ANY PERSON AUTHORIZED  TO  COLLECT  SPECIMENS  OR
PERFORM  TESTS  SHALL  USE  CHAIN OF CUSTODY PROCEDURES TO ENSURE PROPER
RECORD KEEPING, HANDLING, LABELING AND IDENTIFICATION OF SPECIMENS TO BE
TESTED. THIS REQUIREMENT APPLIES TO ALL SPECIMENS,  INCLUDING  SPECIMENS
COLLECTED USING ON-SITE TESTING KITS.
  4.  CRIMINAL INVESTIGATION. RECOGNIZING THAT, DURING A STATE OF PUBLIC
HEALTH EMERGENCY, ANY  SPECIMEN  COLLECTED  OR  TEST  PERFORMED  MAY  BE
EVIDENCE  IN  A CRIMINAL INVESTIGATION, ANY BUSINESS, FACILITY OR AGENCY
AUTHORIZED TO COLLECT SPECIMENS OR  PERFORM  TESTS  SHALL  PROVIDE  SUCH
SUPPORT  AS  IS  REASONABLE  AND NECESSARY TO AID IN A RELEVANT CRIMINAL
INVESTIGATION.
  S 1026. ACCESS AND DISCLOSURE OF PROTECTED  HEALTH  INFORMATION.    1.
ACCESS.  ACCESS  TO  PROTECTED  HEALTH  INFORMATION  OF PERSONS WHO HAVE
PARTICIPATED IN MEDICAL TESTING, TREATMENT,  VACCINATION,  ISOLATION  OR
QUARANTINE  PROGRAMS, OR EFFORTS BY THE PUBLIC HEALTH AUTHORITY DURING A
PUBLIC HEALTH EMERGENCY SHALL BE  LIMITED  TO  THOSE  PERSONS  HAVING  A
LEGITIMATE NEED TO ACQUIRE OR USE SUCH INFORMATION TO:
  (A)  PROVIDE  TREATMENT  TO  THE INDIVIDUAL WHO IS THE SUBJECT OF SUCH
INFORMATION;
  (B) CONDUCT EPIDEMIOLOGIC RESEARCH; OR
  (C) INVESTIGATE THE CAUSES OF TRANSMISSION.
  2. DISCLOSURE. PROTECTED HEALTH INFORMATION HELD BY THE PUBLIC  HEALTH
AUTHORITY  SHALL  NOT BE DISCLOSED TO ANOTHER PERSON WITHOUT INDIVIDUAL,
WRITTEN, SPECIFIC, INFORMED CONSENT, EXCEPT FOR DISCLOSURES MADE:
  (A) DIRECTLY TO THE INDIVIDUAL;
  (B) TO THE INDIVIDUAL'S IMMEDIATE FAMILY MEMBERS OR PERSONAL REPRESEN-
TATIVE;
  (C) TO APPROPRIATE FEDERAL AGENCIES OR AUTHORITIES PURSUANT TO FEDERAL
LAW;
  (D) PURSUANT TO A COURT ORDER TO AVERT A CLEAR DANGER TO AN INDIVIDUAL
OR THE PUBLIC HEALTH; OR
  (E) TO IDENTIFY A DECEASED INDIVIDUAL OR DETERMINE THE MANNER OR CAUSE
OF DEATH.
  S 1027. LICENSING AND APPOINTMENT  OF  HEALTH  PERSONNEL.  THE  PUBLIC
HEALTH  AUTHORITY  MAY  EXERCISE, FOR SUCH PERIOD AS THE STATE OF PUBLIC
HEALTH EMERGENCY EXISTS, THE FOLLOWING EMERGENCY  POWERS  REGARDING  THE
LICENSING AND APPOINTMENT OF HEALTH PERSONNEL:
  1. HEALTH CARE PROVIDERS. TO REQUIRE IN-STATE HEALTH CARE PROVIDERS TO
ASSIST  IN  THE PERFORMANCE OF VACCINATION, EXAMINATION AND TREATMENT OF

S. 5361                            18

ANY PERSON AS A CONDITION OF CONTINUED LICENSURE AUTHORIZATION,  OR  THE
ABILITY TO CONTINUE TO FUNCTION AS A HEALTH CARE PROVIDER IN THIS STATE.
  2.  HEALTH  CARE  PROVIDERS  FROM  OTHER JURISDICTIONS. TO APPOINT AND
PRESCRIBE THE DUTIES OF SUCH OUT-OF-STATE EMERGENCY HEALTH CARE  PROVID-
ERS  AS  MAY BE REASONABLE AND NECESSARY TO RESPOND TO THE PUBLIC HEALTH
EMERGENCY.
  (A) THE APPOINTMENT OF OUT-OF-STATE EMERGENCY  HEALTH  CARE  PROVIDERS
PURSUANT TO THIS SUBDIVISION MAY BE FOR A LIMITED OR UNLIMITED TIME, BUT
SHALL NOT EXCEED THE TERMINATION OF THE DECLARATION OF A STATE OF PUBLIC
HEALTH  EMERGENCY. THE PUBLIC HEALTH AUTHORITY MAY TERMINATE THE OUT-OF-
STATE APPOINTMENTS AT ANY TIME OR FOR ANY REASON PROVIDED THAT ANY  SUCH
TERMINATION  WILL  NOT  JEOPARDIZE THE HEALTH, SAFETY AND WELFARE OF THE
PEOPLE OF THIS STATE.
  (B) THE PUBLIC  HEALTH  AUTHORITY  MAY  WAIVE  ANY  OR  ALL  LICENSING
REQUIREMENTS,  PERMITS  AND  FEES  REQUIRED  BY STATE LAW AND APPLICABLE
ORDERS, RULES OR REGULATIONS FOR HEALTH CARE PROVIDERS FROM OTHER JURIS-
DICTIONS TO PRACTICE IN THIS STATE.
  (C) ANY OUT-OF-STATE EMERGENCY HEALTH CARE PROVIDER APPOINTED PURSUANT
TO THIS SUBDIVISION SHALL NOT BE HELD LIABLE FOR ANY CIVIL DAMAGES AS  A
RESULT  OF  MEDICAL  CARE  OR  TREATMENT  RELATED TO THE RESPONSE TO THE
PUBLIC HEALTH EMERGENCY UNLESS SUCH DAMAGES  RESULT  FROM  PROVIDING  OR
FAILING  TO PROVIDE MEDICAL CARE OR TREATMENT UNDER CIRCUMSTANCES DEMON-
STRATING A RECKLESS DISREGARD FOR THE CONSEQUENCES SO AS TO  AFFECT  THE
LIFE OR HEALTH OF THE PATIENT.
  3.  PERSONNEL  TO  PERFORM  DUTIES  OF MEDICAL EXAMINER OR CORONER. TO
AUTHORIZE A MEDICAL EXAMINER OR CORONER TO  APPOINT  AND  PRESCRIBE  THE
DUTIES  OF SUCH EMERGENCY ASSISTANT MEDICAL EXAMINERS OR CORONERS AS MAY
BE REQUIRED FOR THE PROPER PERFORMANCE OF THE DUTIES OF THE OFFICE.
  (A) THE APPOINTMENT OF EMERGENCY ASSISTANT MEDICAL EXAMINERS OR CORON-
ERS PURSUANT TO THIS SUBDIVISION MAY BE FOR A LIMITED OR UNLIMITED TIME,
BUT SHALL NOT EXCEED THE TERMINATION OF THE DECLARATION OF  A  STATE  OF
PUBLIC  HEALTH  EMERGENCY. THE MEDICAL EXAMINER OR CORONER MAY TERMINATE
SUCH EMERGENCY APPOINTMENTS AT ANY TIME OR FOR ANY REASON, PROVIDED THAT
ANY SUCH TERMINATION WILL NOT IMPEDE THE PERFORMANCE OF  DUTIES  OF  THE
OFFICE.
  (B)  THE  MEDICAL  EXAMINER  OR CORONER MAY WAIVE ANY OR ALL LICENSING
REQUIREMENTS, PERMITS AND FEES REQUIRED  BY  STATE  LAW  AND  APPLICABLE
ORDERS, RULES AND REGULATIONS FOR THE PERFORMANCE OF SUCH DUTIES.
  (C)  ANY  EMERGENCY  ASSISTANT  MEDICAL  EXAMINER OR CORONER APPOINTED
PURSUANT TO THIS SUBDIVISION, AND ACTING WITHOUT MALICE AND  WITHIN  THE
SCOPE OF HIS OR HER PRESCRIBED DUTIES SHALL BE IMMUNE FROM CIVIL LIABIL-
ITY IN THE PERFORMANCE OF SUCH DUTIES.
                                TITLE IV
         PUBLIC INFORMATION REGARDING PUBLIC HEALTH EMERGENCIES
SECTION 1030. DISSEMINATION OF INFORMATION.
        1031. ACCESS TO MENTAL HEALTH SUPPORT PERSONNEL.
  S  1030.  DISSEMINATION  OF  INFORMATION.  THE PUBLIC HEALTH AUTHORITY
SHALL INFORM THE PEOPLE OF THE STATE WHEN A STATE OF PUBLIC HEALTH EMER-
GENCY HAS BEEN DECLARED OR TERMINATED, HOW  TO  PROTECT  THEMSELVES  AND
WHAT ACTIONS ARE BEING TAKEN TO CONTROL THE EMERGENCY.
  1.  MEANS  OF DISSEMINATION. THE PUBLIC HEALTH AUTHORITY SHALL PROVIDE
INFORMATION BY ALL AVAILABLE AND REASONABLE MEANS  CALCULATED  TO  BRING
THE INFORMATION PROMPTLY TO THE ATTENTION OF THE GENERAL PUBLIC.
  2.  LANGUAGES.  IF  THE  PUBLIC HEALTH AUTHORITY HAS REASON TO BELIEVE
THERE ARE LARGE NUMBERS OF PEOPLE  OF  THE  STATE  WHO  LACK  SUFFICIENT
SKILLS  IN  ENGLISH  TO  UNDERSTAND  THE  INFORMATION, THE PUBLIC HEALTH

S. 5361                            19

AUTHORITY SHALL MAKE REASONABLE EFFORTS TO PROVIDE  THE  INFORMATION  IN
THE PRIMARY LANGUAGES OF THOSE PEOPLE AS WELL AS IN ENGLISH.
  3.  ACCESSIBILITY.  THE  PROVISION  OF  INFORMATION SHALL BE MADE IN A
MANNER ACCESSIBLE TO INDIVIDUALS WITH DISABILITIES.
  S 1031. ACCESS TO MENTAL HEALTH SUPPORT PERSONNEL.  DURING  AND  AFTER
THE DECLARATION OF A STATE OF PUBLIC HEALTH EMERGENCY, THE PUBLIC HEALTH
AUTHORITY SHALL PROVIDE INFORMATION ABOUT AND REFERRALS TO MENTAL HEALTH
SUPPORT  PERSONNEL  TO  ADDRESS  PSYCHOLOGICAL  RESPONSES  TO THE PUBLIC
HEALTH EMERGENCY.
                                 TITLE V
                              MISCELLANEOUS
SECTION 1040. TITLES.
        1041. RULES AND REGULATIONS.
        1042. FINANCING AND EXPENSES.
        1043. LIABILITY.
        1044. COMPENSATION.
        1045. SEVERABILITY.
        1046. SAVING CLAUSE.
        1047. CONFLICTING LAWS.
  S 1040. TITLES. FOR THE PURPOSES OF THIS ARTICLE, THE  TITLES  OF  THE
TITLES,  SECTIONS,  SUBDIVISIONS AND PARAGRAPHS ARE INSTRUCTIVE, BUT NOT
BINDING.
  S 1041. RULES AND REGULATIONS. THE PUBLIC HEALTH AUTHORITY  AND  OTHER
AFFECTED  AGENCIES ARE AUTHORIZED TO PROMULGATE AND IMPLEMENT SUCH RULES
AND REGULATIONS AS ARE REASONABLE AND NECESSARY TO IMPLEMENT AND  EFFEC-
TUATE  THE  PROVISIONS  OF THIS ARTICLE. THE PUBLIC HEALTH AUTHORITY AND
OTHER AFFECTED AGENCIES SHALL HAVE THE POWER TO ENFORCE  THE  PROVISIONS
OF THIS ARTICLE THROUGH THE IMPOSITION OF FINES AND PENALTIES, THE ISSU-
ANCE OF ORDERS AND SUCH OTHER REMEDIES AS ARE PROVIDED BY LAW, BUT NOTH-
ING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE SPECIFIC ENFORCEMENT
POWERS ENUMERATED IN THIS ARTICLE.
  S 1042. FINANCING AND EXPENSES. 1. TRANSFER OF FUNDS. THE GOVERNOR MAY
TRANSFER  FROM  ANY FUND AVAILABLE TO THE GOVERNOR IN THE STATE TREASURY
SUCH SUMS AS MAY BE NECESSARY DURING A STATE OF PUBLIC HEALTH EMERGENCY.
  2. REPAYMENT. MONIES SO TRANSFERRED SHALL BE REPAID TO THE  FUND  FROM
WHICH  THEY  WERE  TRANSFERRED  WHEN  MONIES  BECOME  AVAILABLE FOR THAT
PURPOSE, BY LEGISLATIVE APPROPRIATION OR OTHERWISE.
  3.  CONDITIONS.  A  TRANSFER  OF  FUNDS  BY  THE  GOVERNOR  UNDER  THE
PROVISIONS  OF  THIS  SECTION  MAY  BE MADE ONLY WHEN ONE OR MORE OF THE
FOLLOWING CONDITIONS EXIST:
  (A) NO APPROPRIATION OR OTHER AUTHORIZATION IS AVAILABLE TO  MEET  THE
PUBLIC HEALTH EMERGENCY.
  (B)  AN  APPROPRIATION IS INSUFFICIENT TO MEET THE PUBLIC HEALTH EMER-
GENCY.
  (C) FEDERAL MONIES  AVAILABLE  FOR  SUCH  A  PUBLIC  HEALTH  EMERGENCY
REQUIRE THE USE OF STATE OR OTHER PUBLIC MONIES.
  4.  EXPENSES.  ALL  EXPENSES  INCURRED  BY THE STATE DURING A STATE OF
PUBLIC HEALTH EMERGENCY SHALL BE SUBJECT TO THE FOLLOWING LIMITATIONS:
  (A) NO EXPENSE SHALL BE INCURRED AGAINST THE MONIES  AUTHORIZED  UNDER
THIS SECTION, WITHOUT THE GENERAL APPROVAL OF THE GOVERNOR.
  (B)  MONIES AUTHORIZED FOR A STATE OF PUBLIC HEALTH EMERGENCY IN PRIOR
FISCAL YEARS MAY BE USED IN SUBSEQUENT FISCAL YEARS ONLY FOR THE  PUBLIC
HEALTH EMERGENCY FOR WHICH THEY WERE AUTHORIZED.
  S 1043. LIABILITY. 1. STATE IMMUNITY. NEITHER THE STATE, ITS POLITICAL
SUBDIVISIONS,  NOR,  EXCEPT  IN  CASES  OF  GROSS  NEGLIGENCE OR WILLFUL
MISCONDUCT, THE GOVERNOR, THE PUBLIC  HEALTH  AUTHORITY  AND  ANY  OTHER

S. 5361                            20

STATE  OR  LOCAL  OFFICIAL REFERENCED IN THIS ARTICLE, IS LIABLE FOR THE
DEATH OF OR ANY INJURY TO PERSONS, OR DAMAGE TO PROPERTY, AS A RESULT OF
COMPLYING WITH OR ATTEMPTING TO COMPLY WITH THIS ARTICLE OR ANY RULE  OR
REGULATION PROMULGATED PURSUANT TO THIS ARTICLE DURING A STATE OF PUBLIC
HEALTH EMERGENCY.
  2.  PRIVATE  LIABILITY. (A) DURING A STATE OF PUBLIC HEALTH EMERGENCY,
ANY PERSON OWNING OR CONTROLLING REAL PROPERTY  OR  OTHER  PREMISES  WHO
VOLUNTARILY  AND  WITHOUT COMPENSATION GRANTS A LICENSE OR PRIVILEGE, OR
OTHERWISE PERMITS THE DESIGNATION OR USE OF THE WHOLE  OR  ANY  PART  OR
PARTS  OF  SUCH  REAL PROPERTY OR PREMISES FOR THE PURPOSE OF SHELTERING
PERSONS, TOGETHER WITH SUCH PERSON'S SUCCESSORS  IN  INTEREST,  IF  ANY,
SHALL  NOT  BE  CIVILLY  LIABLE  FOR NEGLIGENTLY CAUSING THE DEATH OF OR
INJURY TO ANY PERSON ON OR ABOUT SUCH REAL PROPERTY  OR  PREMISES  UNDER
SUCH  LICENSE, PRIVILEGE OR OTHER PERMISSION, OR FOR NEGLIGENTLY CAUSING
LOSS OF OR DAMAGE TO THE PROPERTY OF SUCH PERSON.
  (B) DURING A STATE OF PUBLIC HEALTH  EMERGENCY,  ANY  PRIVATE  PERSON,
FIRM  OR  CORPORATION, AND THE EMPLOYEES AND AGENTS OF SUCH PERSON, FIRM
OR CORPORATION IN THE PERFORMANCE OF  A  CONTRACT  WITH  AND  UNDER  THE
DIRECTION OF THE STATE OR ITS POLITICAL SUBDIVISION UNDER THE PROVISIONS
OF  THIS ARTICLE SHALL NOT BE CIVILLY LIABLE FOR CAUSING THE DEATH OF OR
INJURY TO ANY PERSON, OR DAMAGE TO ANY PROPERTY, EXCEPT IN THE EVENT  OF
GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
  (C)  DURING  A  STATE  OF PUBLIC HEALTH EMERGENCY, ANY PRIVATE PERSON,
FIRM OR CORPORATION, AND THE EMPLOYEES AND AGENTS OF SUCH  PERSON,  FIRM
OR  CORPORATION,  WHO RENDERS ASSISTANCE OR ADVICE AT THE REQUEST OF THE
STATE OR ITS POLITICAL SUBDIVISIONS UNDER THE PROVISIONS OF THIS ARTICLE
SHALL NOT BE CIVILLY LIABLE FOR CAUSING THE DEATH OF OR  INJURY  TO  ANY
PERSON,  OR  DAMAGE TO ANY PROPERTY, EXCEPT IN THE EVENT OF GROSS NEGLI-
GENCE OR WILLFUL MISCONDUCT.
  (D) THE IMMUNITIES PROVIDED IN THIS SECTION SHALL  NOT  APPLY  TO  ANY
PRIVATE  PERSON,  FIRM,  OR  CORPORATION, OR THE EMPLOYEES AND AGENTS OF
SUCH PERSON, FIRM OR CORPORATION WHOSE ACT OR OMISSION CAUSED  IN  WHOLE
OR  IN  PART  THE  PUBLIC  HEALTH  EMERGENCY, AND WHO WOULD OTHERWISE BE
LIABLE THEREFOR.
  S 1044. COMPENSATION. 1. TAKING. COMPENSATION FOR  PROPERTY  SHALL  BE
MADE  ONLY  IF  PRIVATE  PROPERTY IS LAWFULLY TAKEN OR APPROPRIATED BY A
PUBLIC HEALTH AUTHORITY FOR ITS TEMPORARY  OR  PERMANENT  USE  DURING  A
STATE  OF  PUBLIC  HEALTH EMERGENCY DECLARED BY THE GOVERNOR PURSUANT TO
THIS ARTICLE.
  2. ACTIONS. ANY ACTION AGAINST THE STATE WITH REGARD TO THE PAYMENT OF
COMPENSATION SHALL BE BROUGHT IN THE COURT OF CLAIMS IN ACCORDANCE  WITH
THE  STATE  CONSTITUTION,  EXISTING  STATE LAW, COURT RULES, OR ANY SUCH
RULES THAT MAY BE DEVELOPED BY THE COURTS FOR  USE  DURING  A  STATE  OF
PUBLIC HEALTH EMERGENCY.
  3.  AMOUNT. THE AMOUNT OF COMPENSATION SHALL BE CALCULATED IN THE SAME
MANNER AS COMPENSATION DUE  FOR  TAKING  OF  PROPERTY  PURSUANT  TO  THE
PROVISIONS  OF  THE EMINENT DOMAIN PROCEDURE LAW, EXCEPT THAT THE AMOUNT
OF COMPENSATION CALCULATED FOR ITEMS OBTAINED UNDER SECTION ONE THOUSAND
FOURTEEN OF THIS ARTICLE SHALL BE  LIMITED  TO  THE  COSTS  INCURRED  TO
PRODUCE THE ITEM.
  S 1045. SEVERABILITY. THE PROVISIONS OF THIS ARTICLE ARE SEVERABLE. IF
ANY  PROVISION  OF  THIS  ARTICLE  OR  ITS  APPLICATION TO ANY PERSON OR
CIRCUMSTANCES IS HELD INVALID IN A FEDERAL OR STATE COURT HAVING  JURIS-
DICTION, THE INVALIDITY WILL NOT AFFECT OTHER PROVISIONS OR APPLICATIONS
OF  THIS  ARTICLE THAT CAN BE GIVEN EFFECT WITHOUT THE INVALID PROVISION
OR APPLICATION.

S. 5361                            21

  S 1046. SAVING CLAUSE. THIS ARTICLE DOES NOT EXPLICITLY PREEMPT  OTHER
LAWS  OR REGULATIONS THAT PRESERVE TO A GREATER DEGREE THE POWERS OF THE
GOVERNOR OR PUBLIC HEALTH AUTHORITY, PROVIDED SUCH LAWS  OR  REGULATIONS
ARE  CONSISTENT,  AND  DO  NOT OTHERWISE RESTRICT OR INTERFERE, WITH THE
OPERATION OR ENFORCEMENT OF THE PROVISIONS OF THIS ARTICLE.
  S  1047. CONFLICTING LAWS. 1. FEDERAL SUPREMACY. THIS ARTICLE DOES NOT
RESTRICT ANY PERSON FROM COMPLYING WITH FEDERAL LAWS OR REGULATIONS.
  2. PRIOR CONFLICTING ACTS. IN THE EVENT OF  A  CONFLICT  BETWEEN  THIS
ARTICLE  AND  ANY  OTHER PROVISION OF LAW, RULE OR REGULATION CONCERNING
PUBLIC HEALTH POWERS, THE PROVISIONS OF THIS ARTICLE APPLY.
  S 4. The penal law is amended by adding a new article 280 to  read  as
follows:
                               ARTICLE 280
                     OFFENSES RELATED TO AGRICULTURE
SECTION 280.00 DEFINITIONS.
        280.05 AGRICULTURAL ADULTERATION IN THE SECOND DEGREE.
        280.10 AGRICULTURAL ADULTERATION IN THE FIRST DEGREE.
        280.15 LIMITATIONS OF APPLICATION.
S 280.00 DEFINITIONS.
  THE FOLLOWING DEFINITIONS ARE APPLICABLE TO THIS ARTICLE:
  1. "CROPS" MEANS CORN, WHEAT, OATS, RYE, BARLEY, HAY, POTATOES AND DRY
BEANS.
  2.  "FARM PRODUCT" MEANS ANY AGRICULTURAL, HORTICULTURAL, FLORICULTUR-
AL, OR VEGETABLE OR FRUIT PRODUCTS OF THE  SOIL,  AQUACULTURE  PRODUCTS,
LIVESTOCK  OR  MEAT,  DAIRY  PRODUCTS, POULTRY, EGGS, MILK, HONEY, MAPLE
TREE SAP AND MAPLE PRODUCTS PRODUCED THEREFROM, WOOL, HIDES, HAY,  STRAW
AND GRAINS.
  3.  "FOOD"  AND  "FOOD  PRODUCTS"  MEANS  ALL ARTICLES OF FOOD, DRINK,
CONFECTIONERY OR CONDIMENT, WHETHER SIMPLE, MIXED OR COMPOUND,  USED  OR
INTENDED  FOR  USE  BY  MAN  OR  ANIMALS,  AND  SHALL  ALSO  INCLUDE ALL
SUBSTANCES OR INGREDIENTS TO BE ADDED TO FOOD FOR ANY PURPOSE.
  4. "LIVESTOCK" MEANS CATTLE,  SHEEP,  HOGS,  GOATS,  HORSES,  POULTRY,
RATITES  (SUCH AS OSTRICHES, EMUS, RHEAS AND KIWIS), FARMED DEER, FARMED
BUFFALO, AND FUR BEARING ANIMALS.
  5. "PLANTS" MEANS TREES, SHRUBS, VINES, ANNUALS,  BIENNIALS,  PERENNI-
ALS,  VEGETABLES, FORAGE AND CEREAL PLANTS AND ALL OTHER PLANT CUTTINGS,
GRAFTS, SCIONS, BUDS, AND OTHER PARTS OF PLANTS AND  FRUIT,  VEGETABLES,
ROOTS, BULBS, SEEDS, WOOD AND LUMBER.
S 280.05 AGRICULTURAL ADULTERATION IN THE SECOND DEGREE.
  A  PERSON  IS GUILTY OF AGRICULTURAL ADULTERATION IN THE SECOND DEGREE
WHEN HE OR SHE:
  1. INTENTIONALLY DESIGNS, MANUFACTURES OR ALTERS GENETIC  MATERIAL  TO
CREATE  A BIOLOGICAL AGENT OR TOXIN WITH THE INTENT TO DESTROY A FOOD OR
FARM PRODUCT OR TO RENDER A FOOD OR FARM PRODUCT  OTHERWISE  UNDESIRABLE
FOR ITS CUSTOMARY USE; OR
  2.  INTENTIONALLY DESIGNS, DEVELOPS OR UTILIZES A PROCESS OR PROCESSES
TO GENETICALLY ALTER ANY PLANT USED FOR HUMAN OR  LIVESTOCK  CONSUMPTION
WITH  THE  INTENT TO RENDER SUCH PLANT TOXIC OR UNFIT FOR HUMAN OR LIVE-
STOCK CONSUMPTION.
  AGRICULTURAL ADULTERATION IN THE SECOND DEGREE IS A CLASS D FELONY.
S 280.10 AGRICULTURAL ADULTERATION IN THE FIRST DEGREE.
  A PERSON IS GUILTY OF AGRICULTURAL ADULTERATION IN  THE  FIRST  DEGREE
WHEN HE OR SHE:
  1.  INTENTIONALLY  INTRODUCES  A  BIOLOGICAL  ORGANISM, TOXIN OR TOXIC
CHEMICAL WITH THE INTENTION OF CAUSING HARM TO OR DISEASE  OR  DEATH  OF

S. 5361                            22

LIVESTOCK,  OR  RENDERING THE PRODUCTS OF SUCH LIVESTOCK UNFIT FOR HUMAN
CONSUMPTION;
  2.  INTENTIONALLY  CONTAMINATES,  ADULTERATES,  DEFILES,  CORRUPTS  OR
ALTERS A FOOD OR FARM PRODUCT WITH THE INTENT TO INJURE, SICKEN OR  KILL
PERSONS OR LIVESTOCK; OR
  3. INTENTIONALLY INTRODUCES ANY BIOLOGICAL ORGANISM TO PLANTS OR CROPS
WITH  THE INTENT TO RENDER SUCH PLANTS OR CROPS TOXIC OR OTHERWISE UNFIT
FOR HUMAN OR LIVESTOCK CONSUMPTION, OR UNDESIRABLE FOR  THEIR  CUSTOMARY
USE,  OR  TO CAUSE THE LAND UPON WHICH SUCH PLANTS OR CROPS ARE PRODUCED
TO BE UNSUITABLE FOR FURTHER AGRICULTURAL USE OR PRODUCTION.
  AGRICULTURAL ADULTERATION IN THE FIRST DEGREE IS A CLASS C FELONY.
S 280.15 LIMITATIONS OF APPLICATION.
  THIS ARTICLE DOES NOT  APPLY  TO  ANY  PROPERLY  CONDUCTED  SCIENTIFIC
TESTS,  EXPERIMENTS,  INVESTIGATIONS  OR OTHER LAWFUL ACTIVITY INVOLVING
THE USE OF CROPS, FARM  PRODUCTS,  FOOD,  FOOD  PRODUCTS,  LIVESTOCK  OR
PLANTS,  AS  DEFINED  IN  THIS ARTICLE, PERFORMED FOR ONE OR MORE OF THE
FOLLOWING PURPOSES:
  1. ANY PURPOSE SPECIFICALLY PERMITTED BY LAW;
  2. ANY  PEACEFUL  PURPOSE  RELATED  TO  AN  INDUSTRIAL,  AGRICULTURAL,
RESEARCH,  MEDICAL,  OR PHARMACEUTICAL ACTIVITY OR OTHER PEACEFUL ACTIV-
ITY;
  3. ANY PURPOSE DIRECTLY RELATED TO PROTECTION AGAINST TOXIC  CHEMICALS
AND TO PROTECTION AGAINST CHEMICAL WEAPONS;
  4.  ANY  MILITARY  PURPOSE  OF THE UNITED STATES THAT IS NOT CONNECTED
WITH THE USE OF A CHEMICAL WEAPON OR THAT IS NOT DEPENDENT ON THE USE OF
THE TOXIC OR POISONOUS PROPERTIES OF THE CHEMICAL WEAPON TO CAUSE  DEATH
OR OTHER HARM; AND
  5.  ANY  LAW  ENFORCEMENT PURPOSE, INCLUDING ANY DOMESTIC RIOT CONTROL
PURPOSE AND INCLUDING IMPOSITION OF CAPITAL PUNISHMENT.
  S 5. The penal law is amended by adding a new section 490.27  to  read
as follows:
S 490.27 CRIME OF CYBER-TERRORISM.
  1.  A  PERSON IS GUILTY OF THE CRIME OF CYBER-TERRORISM WHEN, WITH THE
INTENT TO INTIMIDATE OR COERCE A CIVILIAN POPULATION  OR  INFLUENCE  THE
POLICY  OF  A  UNIT OF GOVERNMENT BY INTIMIDATION OR COERCION, HE OR SHE
COMMITS A DENIAL OF SERVICE ATTACK AGAINST ANY COMPUTER NETWORK ADMINIS-
TERED OR OPERATED BY A LOCAL, STATE  OR  FEDERAL  GOVERNMENT  ENTITY,  A
UTILITY, INCLUDING ELECTRICITY OR WATER, OR A FINANCIAL INSTITUTION.
  2.  FOR  THE  PURPOSE OF THIS SECTION "DENIAL OF SERVICE ATTACK" MEANS
PREVENTING AUTHORIZED ACCESS TO  COMPUTER  RESOURCES  OR  DELAYING  TIME
CRITICAL  COMPUTER  OPERATIONS  BY INUNDATING OR OTHERWISE OVERLOADING A
COMPUTER NETWORK, OR ATTEMPTING TO  INUNDATE  OR  OTHERWISE  OVERLOAD  A
COMPUTER SERVICE.
  CRIME OF CYBER-TERRORISM IS A CLASS D FELONY.
  S  6.  Subdivision 4 of section 156.25 of the penal law, as amended by
chapter 89 of the laws of 1993, is amended to read as follows:
  4. he OR SHE intentionally alters in any manner or  destroys  computer
data  or  a computer program so as to cause damages, INCLUDING DAMAGE TO
ANY COMPUTER OR COMPUTERS AFFECTED BY THE ALTERATION OR DESTRUCTION,  in
an aggregate amount exceeding one thousand dollars.
  S 7. Section 156.26 of the penal law, as amended by chapter 590 of the
laws of 2008, is amended to read as follows:
S 156.26 Computer tampering in the second degree.
  A  person is guilty of computer tampering in the second degree when he
or she commits the crime of computer tampering in the fourth degree  and
he or she intentionally alters in any manner or destroys:

S. 5361                            23

  1. computer data or a computer program so as to cause damages, INCLUD-
ING  DAMAGE  TO  ANY COMPUTER OR COMPUTERS AFFECTED BY THE ALTERATION OR
DESTRUCTION, in an aggregate amount exceeding three thousand dollars; or
  2.  computer  material that contains records of the medical history or
medical treatment of an identified or readily identifiable individual or
individuals and as a result of  such  alteration  or  destruction,  such
individual  or individuals suffer serious physical injury, and he or she
is aware of and consciously disregards a substantial  and  unjustifiable
risk that such serious physical injury may occur.
  Computer tampering in the second degree is a class D felony.
  S  8.  Section  156.27 of the penal law, as added by chapter 89 of the
laws of 1993, is amended to read as follows:
S 156.27 Computer tampering in the first degree.
  A person is guilty of computer tampering in the first degree  when  he
OR  SHE commits the crime of computer tampering in the fourth degree and
he OR SHE intentionally alters in any manner or destroys  computer  data
or  a  computer  program so as to cause damages, INCLUDING DAMAGE TO ANY
COMPUTER OR COMPUTERS AFFECTED BY THE ALTERATION OR DESTRUCTION,  in  an
aggregate amount exceeding fifty thousand dollars.
  Computer tampering in the first degree is a class C felony.
  S 9. Section 190.26 of the penal law is amended by adding a new subdi-
vision 4 to read as follows:
  4. WHEN UPON AN AIRCRAFT OR IN AN AIRPORT, PRETENDS TO BE A PILOT OR A
MEMBER  OF  AN  AVIATION  FLIGHT  OR  GROUND CREW, OR WEARS, DISPLAYS OR
POSSESSES WITHOUT AUTHORITY, ANY UNIFORM, BADGE,  INSIGNIA,  IDENTIFICA-
TION  OR  FACSIMILE  THEREOF  BY WHICH SUCH PILOT, FLIGHT OR GROUND CREW
MEMBER IS DISTINGUISHED, OR FALSELY EXPRESSES BY HIS  OR  HER  WORDS  OR
ACTIONS  THAT HE OR SHE IS A PILOT OR FLIGHT OR GROUND CREW MEMBER OR IS
ACTING WITH THE APPROVAL OR AUTHORITY OF ANY AIRLINE, AIRPORT, TRANSPOR-
TATION AUTHORITY OR AVIATION REGULATORY AGENCY.
  S 10. Paragraph (a) of subdivision 1 of section 460.10  of  the  penal
law,  as separately amended by chapters 312 and 472 of the laws of 2008,
is amended to read as follows:
  (a) Any of the felonies set forth in this  chapter:  sections  120.05,
120.10  and 120.11 relating to assault; sections 125.10 to 125.27 relat-
ing to homicide; sections 130.25, 130.30 and 130.35  relating  to  rape;
sections 135.20 and 135.25 relating to kidnapping; section 135.35 relat-
ing  to labor trafficking; section 135.65 relating to coercion; sections
140.20, 140.25 and 140.30 relating to burglary; sections 145.05,  145.10
and  145.12  relating  to  criminal  mischief; article one hundred fifty
relating to arson; sections 155.30, 155.35, 155.40 and  155.42  relating
to grand larceny; sections 177.10, 177.15, 177.20 and 177.25 relating to
health  care  fraud;  article  one  hundred  sixty  relating to robbery;
sections  165.45,  165.50,  165.52  and  165.54  relating  to   criminal
possession  of  stolen  property; sections 165.72 and 165.73 relating to
trademark  counterfeiting;  sections  170.10,  170.15,  170.25,  170.30,
170.40,  170.65 and 170.70 relating to forgery; sections 175.10, 175.25,
175.35, 175.40 and 210.40 relating to false statements; sections 176.15,
176.20, 176.25 and 176.30 relating to insurance fraud;  sections  178.20
and  178.25  relating  to criminal diversion of prescription medications
and prescriptions; sections  180.03,  180.08,  180.15,  180.25,  180.40,
180.45,  200.00, 200.03, 200.04, 200.10, 200.11, 200.12, 200.20, 200.22,
200.25, 200.27, 215.00, 215.05 and 215.19 relating to bribery;  sections
187.10,  187.15,  187.20  and  187.25  relating  to residential mortgage
fraud, sections 190.40 and 190.42 relating to  criminal  usury;  section
190.65 relating to schemes to defraud; sections 205.60 and 205.65 relat-

S. 5361                            24

ing to hindering prosecution; sections 210.10, 210.15, and 215.51 relat-
ing  to  perjury and contempt; section 215.40 relating to tampering with
physical evidence; sections  220.06,  220.09,  220.16,  220.18,  220.21,
220.31, 220.34, 220.39, 220.41, 220.43, 220.46, 220.55 and 220.60 relat-
ing  to  controlled  substances;  sections 225.10 and 225.20 relating to
gambling; sections 230.25, 230.30,  and  230.32  relating  to  promoting
prostitution;  section  230.34  relating  to  sex  trafficking; sections
235.06, 235.07, 235.21 and 235.22 relating to obscenity; sections 263.10
and 263.15 relating to  promoting  a  sexual  performance  by  a  child;
sections   265.02,  265.03,  265.04,  265.11,  265.12,  265.13  and  the
provisions of section 265.10  which  constitute  a  felony  relating  to
firearms  and  other  dangerous  weapons; and sections 265.14 and 265.16
relating to criminal sale of a  firearm;  and  section  275.10,  275.20,
275.30,  or  275.40  relating  to  unauthorized recordings; and sections
470.05, 470.10, 470.15 and 470.20 relating to money laundering; SECTIONS
470.21, 470.22, 470.23  AND  470.24  RELATING  TO  MONEY  LAUNDERING  IN
SUPPORT  OF  TERRORISM; SECTIONS 470.30 AND 470.35 RELATING TO STRUCTUR-
ING; AND ARTICLE FOUR HUNDRED NINETY RELATING TO TERRORISM; or
  S 11. Subdivision 1 of section 470.25 of the penal law, as amended  by
chapter 489 of the laws of 2000, is amended to read as follows:
  1.  Any  person  convicted  of  a violation of section 470.05, 470.10,
470.15, [or] 470.20, 470.21, 470.22, 470.23 OR 470.24  of  this  article
may  be  sentenced to pay a fine not in excess of two times the value of
the monetary instruments which are the proceeds  of  specified  criminal
activity. When a fine is imposed pursuant to this subdivision, the court
shall  make  a  finding  as  to the value of such monetary instrument or
instruments. If the record  does  not  contain  sufficient  evidence  to
support  such  a finding the court may conduct a hearing upon the issue.
In imposing a fine, the court shall  consider  the  seriousness  of  the
conduct,  whether  the  amount  of  the  fine is disproportionate to the
conduct in which he engaged, its impact  on  victims,  as  well  as  the
economic  circumstances of the convicted person, including the effect of
the imposition of such a fine upon his immediate family.
  S 12. Section 470.00 of the penal law  is  amended  by  adding  a  new
subdivision 11 to read as follows:
  11. "STRUCTURING" MEANS, FOR PURPOSES OF SECTIONS 470.30 AND 470.35 OF
THIS  ARTICLE,  A PERSON STRUCTURES A TRANSACTION IF THAT PERSON, ACTING
ALONE, OR IN CONJUNCTION WITH, OR ON BEHALF OF, OTHER PERSONS,  CONDUCTS
OR  ATTEMPTS  TO  CONDUCT  ONE  OR MORE TRANSACTIONS IN CURRENCY, IN ANY
AMOUNT, WITH ONE OR MORE FINANCIAL INSTITUTIONS, OR  WITH  ONE  OR  MORE
TRADES  OR BUSINESSES, ON ONE OR MORE DAYS, IN ANY MANNER, IN SUCH A WAY
AS TO EVADE THE REPORTING REQUIREMENTS UNDER  TITLE  31  OF  THE  UNITED
STATES CODE. "IN ANY MANNER" INCLUDES, BUT IS NOT LIMITED TO, THE BREAK-
ING DOWN OF A SINGLE SUM OF CURRENCY EXCEEDING TEN THOUSAND DOLLARS INTO
SMALLER  SUMS,  INCLUDING  SUMS AT OR BELOW TEN THOUSAND DOLLARS, OR THE
CONDUCT OF A TRANSACTION, OR SERIES OF CURRENCY TRANSACTIONS,  INCLUDING
TRANSACTIONS AT OR BELOW TEN THOUSAND DOLLARS.  THE TRANSACTION OR TRAN-
SACTIONS  NEED NOT EXCEED THE TEN THOUSAND DOLLAR REPORTING THRESHOLD AT
ANY SINGLE FINANCIAL INSTITUTION OR AT ANY SINGLE TRADE OR BUSINESS,  ON
ANY  SINGLE DAY IN ORDER TO CONSTITUTE STRUCTURING WITHIN THE MEANING OF
THIS DEFINITION.
  S 13. The penal law is amended by adding two new sections  470.30  and
470.35 to read as follows:
S 470.30 STRUCTURING IN THE SECOND DEGREE.
  A PERSON IS GUILTY OF STRUCTURING IN THE SECOND DEGREE WHEN HE OR SHE:

S. 5361                            25

  1.  CAUSES  OR ATTEMPTS TO CAUSE A FINANCIAL INSTITUTION NOT TO FILE A
WRITTEN REPORT PURSUANT TO SUBCHAPTER II  OF  TITLE  31  OF  THE  UNITED
STATES CODE OR ANY REGULATION PRESCRIBED THEREUNDER; OR
  2. CAUSES OR ATTEMPTS TO CAUSE A FINANCIAL INSTITUTION TO FILE A WRIT-
TEN  REPORT  REQUIRED  BY SUBCHAPTER II OF TITLE 31 OF THE UNITED STATES
CODE OR ANY REGULATION PRESCRIBED THEREUNDER THAT  CONTAINS  A  MATERIAL
OMISSION OR MISSTATEMENT OF FACT; OR
  3.  STRUCTURES  OR ASSISTS IN STRUCTURING, OR ATTEMPTS TO STRUCTURE OR
ASSIST IN STRUCTURING, ANY TRANSACTION FOR  THE  PURPOSE  OF  EVADING  A
REPORTING  REQUIREMENT OF SUBCHAPTER II OF TITLE 31 OF THE UNITED STATES
CODE OR ANY REGULATION PRESCRIBED THEREUNDER.
  STRUCTURING IN THE SECOND DEGREE IS A CLASS E FELONY.
S 470.35 STRUCTURING IN THE FIRST DEGREE.
  A PERSON IS GUILTY OF STRUCTURING IN THE FIRST DEGREE WHEN HE  OR  SHE
COMMITS THE CRIME OF STRUCTURING IN THE SECOND DEGREE:
  1. WITH INTENT TO PROMOTE THE CARRYING ON OF CRIMINAL CONDUCT; OR
  2.  AS  PART  OF A PATTERN OF ANY ILLEGAL ACTIVITY INVOLVING MORE THAN
ONE HUNDRED THOUSAND DOLLARS IN ANY TWELVE MONTH PERIOD.
  STRUCTURING IN THE FIRST DEGREE IS A CLASS D FELONY.
  S 14. The first undesignated paragraph of section 490.10 of the  penal
law,  as added by chapter 300 of the laws of 2001, is amended to read as
follows:
  A person commits soliciting or providing support for an act of terror-
ism in the second degree when, with  intent  that  material  support  or
resources will be used, in whole or in part, to plan, prepare, carry out
or aid in either an act of terrorism or the concealment of, or an escape
from,  an  act of terrorism, he or she (A) raises, solicits, collects or
provides material support or resources, OR (B) CONCEALS OR DISGUISES THE
NATURE OR OWNERSHIP OF  MATERIAL SUPPORT OR RESOURCES.
  S 15. The penal law is amended by adding two new sections  490.60  and
490.65 to read as follows:
S 490.60 CRIMINAL FACILITATION OF TERRORISM.
  1.  A  PERSON  IS  GUILTY  OF CRIMINAL FACILITATION OF TERRORISM WHEN,
BELIEVING IT PROBABLE THAT HE OR SHE IS RENDERING AID TO  A  PERSON  WHO
INTENDS  TO COMMIT AN OFFENSE DEFINED IN THIS ARTICLE, HE OR SHE ENGAGES
IN CONDUCT WHICH PROVIDES SUCH PERSON WITH MEANS OR OPPORTUNITY FOR  THE
COMMISSION  THEREOF  AND  WHICH  IN FACT AIDS SUCH PERSON TO COMMIT SUCH
OFFENSE.
  2. (A) WHEN A PERSON IS CONVICTED OF CRIMINAL FACILITATION OF  TERROR-
ISM PURSUANT TO THIS SECTION, AND THE OFFENSE HE OR SHE FACILITATED IS A
VIOLENT  FELONY OFFENSE, THE CRIME OF CRIMINAL FACILITATION OF TERRORISM
SHALL BE DEEMED A VIOLENT FELONY OFFENSE.
  (B) WHEN A PERSON IS CONVICTED OF CRIMINAL FACILITATION  OF  TERRORISM
PURSUANT  TO  THIS  SECTION, AND THE OFFENSE HE OR SHE FACILITATED IS AN
OFFENSE DEFINED IN THIS ARTICLE OR AN ATTEMPT OR  CONSPIRACY  TO  COMMIT
SUCH  OFFENSE,  OTHER  THAN THE CRIME OF TERRORISM AS DEFINED IN SECTION
490.25 OF THIS ARTICLE, THE CRIME OF CRIMINAL FACILITATION OF  TERRORISM
SHALL  BE DEEMED TO BE ONE CATEGORY LOWER THAN THE OFFENSE THE DEFENDANT
FACILITATED; PROVIDED, FURTHER, THAT WHEN A PERSON IS CONVICTED OF CRIM-
INAL FACILITATION OF TERRORISM PURSUANT TO THIS SECTION, AND THE OFFENSE
HE OR SHE FACILITATED IS A CLASS A-I FELONY OFFENSE, THE CRIME OF CRIMI-
NAL FACILITATION OF TERRORISM SHALL BE PUNISHED AS  A  CLASS  B  VIOLENT
FELONY OFFENSE.
  (C)  WHEN  A PERSON IS CONVICTED OF CRIMINAL FACILITATION OF TERRORISM
PURSUANT TO THIS SECTION, AND THE OFFENSE HE OR SHE FACILITATED  IS  THE
CRIME  OF  TERRORISM  AS  DEFINED IN SECTION 490.25 OF THIS ARTICLE, THE

S. 5361                            26

CRIME OF CRIMINAL FACILITATION OF TERRORISM SHALL BE DEEMED  TO  BE  THE
SAME  CATEGORY  AS THE OFFENSE LEVEL APPLICABLE TO THE SPECIFIED OFFENSE
UNDERLYING THE CRIME OF TERRORISM AS DEFINED IN SECTION 490.25  OF  THIS
ARTICLE.
  (D)  WHEN  A PERSON IS CONVICTED OF CRIMINAL FACILITATION OF TERRORISM
PURSUANT TO THIS SECTION, AND THE OFFENSE HE OR SHE  FACILITATED  IS  AN
ATTEMPT  OR  CONSPIRACY  TO  COMMIT THE CRIME OF TERRORISM AS DEFINED IN
SECTION 490.25 OF THIS ARTICLE, THE CRIME OF  CRIMINAL  FACILITATION  OF
TERRORISM  SHALL BE DEEMED TO BE ONE CATEGORY LOWER THAN THE OFFENSE THE
DEFENDANT FACILITATED.
S 490.65 CONSPIRACY TO COMMIT TERRORISM.
  1. A PERSON IS GUILTY OF CONSPIRACY TO  COMMIT  TERRORISM  WHEN,  WITH
INTENT  THAT  CONDUCT BE PERFORMED CONSTITUTING A FELONY OFFENSE DEFINED
IN THIS ARTICLE, HE OR SHE AGREES WITH ONE OR MORE PERSONS TO ENGAGE  IN
OR CAUSE THE PERFORMANCE OF SUCH CONDUCT.
  2. (A) WHEN A PERSON IS CONVICTED OF THE CRIME OF CONSPIRACY TO COMMIT
TERRORISM  PURSUANT TO THIS SECTION, AND THE OFFENSE HE OR SHE CONSPIRED
TO COMMIT IS A VIOLENT FELONY OFFENSE, THE CRIME OF CONSPIRACY TO COMMIT
TERRORISM SHALL BE DEEMED A VIOLENT FELONY OFFENSE.
  (B) WHEN A PERSON IS CONVICTED OF THE CRIME OF  CONSPIRACY  TO  COMMIT
TERRORISM PURSUANT TO THIS SECTION, OTHER THAN THE CRIME OF TERRORISM AS
DEFINED  IN  SECTION  490.25 OF THIS ARTICLE, THE CRIME OF CONSPIRACY TO
COMMIT TERRORISM SHALL BE DEEMED TO BE THE SAME CATEGORY AS THE  OFFENSE
LEVEL APPLICABLE TO THE UNDERLYING ARTICLE FOUR HUNDRED NINETY OFFENSE.
  (C)  WHEN  A  PERSON IS CONVICTED OF THE CRIME OF CONSPIRACY TO COMMIT
TERRORISM PURSUANT TO THIS SECTION FOR THE CRIME OF TERRORISM AS DEFINED
IN SECTION 490.25 OF THIS ARTICLE, THE CRIME  OF  CONSPIRACY  TO  COMMIT
TERRORISM  SHALL  BE DEEMED TO BE THE SAME CATEGORY AS THE OFFENSE LEVEL
APPLICABLE TO A CONVICTION FOR THE CRIME  OF  TERRORISM  AS  DEFINED  IN
SECTION 490.25 OF THIS ARTICLE THAT THE DEFENDANT CONSPIRED TO COMMIT.
  S  16.  Section  490.70  of the penal law is amended by adding two new
subdivisions 3 and 4 to read as follows:
  3. WITH RESPECT TO SECTION 490.60 OF THIS ARTICLE, THE  PROVISIONS  OF
SECTION 115.10 OF THIS CHAPTER SHALL APPLY.
  4.  WITH  RESPECT TO SECTION 490.65 OF THIS ARTICLE, THE PROVISIONS OF
SECTIONS 105.20, 105.25 AND 105.30 OF THIS CHAPTER SHALL APPLY.
  S 17. Paragraph (b) of subdivision 2 of section 490.25  of  the  penal
law,  as added by chapter 300 of the laws of 2001, is amended to read as
follows:
  (b) When a person is convicted of a crime  of  terrorism  pursuant  to
this  section,  and  the  specified  offense is a class C, D or E felony
offense, the crime of terrorism shall be deemed to be one category high-
er than the specified offense the defendant committed, or  one  category
higher  than  the offense level applicable to the defendant's conviction
for an attempt [or conspiracy]  to  commit  the  offense,  whichever  is
applicable.
  S  18.  Paragraph  (a) of subdivision 3 of section 490.05 of the penal
law, as amended by section 7 of part A of chapter 1 of the laws of 2004,
is amended to read as follows:
  (a) "Specified offense" for purposes of this article means a  class  A
felony  offense  other than an offense as defined in article two hundred
twenty,  a  violent  felony  offense  as  defined  in   section   70.02,
manslaughter in the second degree as defined in section 125.15, criminal
tampering  in  the  first  degree as defined in section 145.20, COMPUTER
TAMPERING IN THE THIRD DEGREE AS DEFINED  IN  SECTION  156.25,  COMPUTER
TAMPERING  IN  THE  SECOND DEGREE AS DEFINED IN SECTION 156.26, COMPUTER

S. 5361                            27

TAMPERING IN THE FIRST DEGREE AS DEFINED  IN  SECTION  156.27,  identity
theft  in the second degree as defined in section 190.79, identity theft
in the first degree as defined in section 190.80, unlawful possession of
personal  identification  information in the second degree as defined in
section 190.82, unlawful possession of personal identification  informa-
tion  in  the  first  degree  as defined in section 190.83, AGRICULTURAL
ADULTERATION IN THE SECOND DEGREE AS DEFINED IN SECTION 280.05, AGRICUL-
TURAL ADULTERATION IN THE FIRST DEGREE AS  DEFINED  IN  SECTION  280.10,
money laundering in support of terrorism in the fourth degree as defined
in section 470.21, money laundering in support of terrorism in the third
degree  as  defined  in  section  470.22, money laundering in support of
terrorism in the second degree as defined in section 470.23, money laun-
dering in support of terrorism in the first degree as defined in section
470.24 of this chapter, and  includes  an  attempt  [or  conspiracy]  to
commit any such offense.
  S 19. Section 20.20 of the criminal procedure law is amended by adding
a new subdivision 4 to read as follows:
  4.  THE OFFENSE WAS COMMITTED WITHIN THE SPECIAL AIRCRAFT JURISDICTION
OF THE STATE PURSUANT TO SECTION 20.25.
  S 20. The criminal procedure law is amended by adding  a  new  section
20.25 to read as follows:
S 20.25 GEOGRAPHICAL  JURISDICTION  OF OFFENSES; SPECIAL AIRCRAFT JURIS-
          DICTION OF THE STATE.
  1. AS USED IN THIS SECTION:
  (A) "AIRCRAFT" MEANS AN AIRCRAFT OPERATING AS A COMMON CARRIER.
  (B) "IN FLIGHT" MEANS  FROM  THE  MOMENT  ALL  EXTERNAL  DOORS  OF  AN
AIRCRAFT ARE CLOSED FOLLOWING BOARDING,
  (I)  THROUGH  THE  MOMENT  WHEN  ONE  EXTERNAL DOOR IS OPENED TO ALLOW
PASSENGERS TO LEAVE THE AIRCRAFT, OR
  (II) UNTIL, IF A  FORCED  LANDING,  COMPETENT  AUTHORITIES  TAKE  OVER
RESPONSIBILITY  FOR THE AIRCRAFT AND ANY INDIVIDUALS AND PROPERTY ON THE
AIRCRAFT.
  2. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF SECTION 20.30,
A PERSON MAY BE CONVICTED IN THE CRIMINAL COURTS OF  THIS  STATE  OF  AN
OFFENSE COMMITTED EITHER BY HIS OWN CONDUCT, OR BY THE CONDUCT OF ANOTH-
ER  FOR WHICH HE IS LEGALLY ACCOUNTABLE PURSUANT TO SECTION 20.00 OF THE
PENAL LAW, WHEN:
  (A) THE OFFENSE IS COMMITTED ON BOARD  AN  AIRCRAFT  WHILE  IN  FLIGHT
OUTSIDE THIS STATE; AND
  (B)  THE AIRCRAFT HAS ITS NEXT SCHEDULED DESTINATION WITHIN THIS STATE
AND IN FACT NEXT LANDS IN THIS STATE; AND
  (C) THE PERSON WHO  COMMITTED  THE  OFFENSE  IS  STILL  ON  BOARD  THE
AIRCRAFT WHEN IT LANDS IN THIS STATE.
  3.  EXCEPT  AS LIMITED BY SUBDIVISION TWO OF THIS SECTION, THE SPECIAL
AIRCRAFT JURISDICTION OF THIS STATE SHALL EXTEND TO AIRCRAFT  IN  FLIGHT
TO THE SAME EXTENT SUCH JURISDICTION MAY BE CLAIMED BY THE UNITED STATES
OF  AMERICA,  OR  TO WHATEVER EXTENT MAY BE RECOGNIZED BY THE USAGES AND
CUSTOMS OF INTERNATIONAL LAW  OR  BY  ANY  AGREEMENT,  INTERNATIONAL  OR
OTHERWISE,  TO  WHICH  THE UNITED STATES OF AMERICA OR THIS STATE MAY BE
PARTY.
  4. NOTHING CONTAINED HEREIN SHALL BE CONSTRUED TO LIMIT OR RESTRICT IN
ANY WAY (A) THE JURISDICTION OF THIS  STATE  OVER  ANY  PERSON  OR  WITH
RESPECT TO ANY SUBJECT WITHIN OR WITHOUT THE STATE WHICH JURISDICTION IS
EXERCISABLE  BY REASON OF CITIZENSHIP, RESIDENCE OR FOR ANY OTHER REASON
RECOGNIZED BY LAW; (B) JURISDICTION OR OWNERSHIP OF OR OVER THE AIRSPACE
OR LANDS THEREUNDER, WITHIN OR FORMING A PART OF THE BOUNDARIES OF  THIS

S. 5361                            28

STATE; OR (C) THE CONCURRENT JURISDICTION OF THE UNITED STATES OF AMERI-
CA  OVER  ANY OFFENSE COMMITTED WITHIN THE SPECIAL AIRCRAFT JURISDICTION
OF THE UNITED STATES AS DEFINED IN TITLE 49 OF THE UNITED STATES CODE.
  S  21. Subdivision 1 of section 60.22 of the criminal procedure law is
amended to read as follows:
  1. A defendant may not be convicted of  any  offense,  OTHER  THAN  AN
OFFENSE  DEFINED  IN ARTICLE FOUR HUNDRED NINETY OF THE PENAL LAW EXCEPT
WHEN PROSECUTED PURSUANT TO SUBPARAGRAPH  (XIII)  OF  PARAGRAPH  (A)  OF
SUBDIVISION  ONE  OF SECTION 125.27 OF THE PENAL LAW, upon the testimony
of an  accomplice  unsupported  by  corroborative  evidence  tending  to
connect the defendant with the commission of such offense.
  S  22.  Section 690.05 of the criminal procedure law, subdivision 2 as
amended by chapter 504 of the laws of 1991 and the opening paragraph  of
subdivision  2 as amended by chapter 424 of the laws of 1998, is amended
to read as follows:
S 690.05 Search warrants; in general; definition.
  1. Under circumstances prescribed in this article,  a  local  criminal
court  may, upon application of a police officer, a district attorney or
other public servant acting in the course of his official duties,  issue
a search warrant.
  2.  [A]  EXCEPT  AS  SPECIFIED IN SUBDIVISION THREE OF THIS SECTION, A
search warrant is a court order and process directing a  police  officer
to conduct:
  (a) a search of designated premises, or of a designated vehicle, or of
a  designated  person, for the purpose of seizing designated property or
kinds of property, and to deliver any property so obtained to the  court
which issued the warrant; or
  (b) a search of a designated premises for the purpose of searching for
and  arresting  a  person who is the subject of: (i) a warrant of arrest
issued pursuant to this chapter, a  superior  court  warrant  of  arrest
issued  pursuant to this chapter, or a bench warrant for a felony issued
pursuant to this chapter, where the designated premises is the  dwelling
of a third party who is not the subject of the arrest warrant; or
  (ii)  a  warrant  of arrest issued by any other state or federal court
for an offense which would constitute a felony under the  laws  of  this
state,  where  the  designated premises is the dwelling of a third party
who is not the subject of the arrest warrant.
  3. WHERE A SEARCH IS TO BE CONDUCTED OF  AN  ELECTRONIC  COMMUNICATION
SERVICE  OR  REMOTE COMPUTING SERVICE, A SEARCH WARRANT IS A COURT ORDER
DIRECTING AN EMPLOYEE OF THE ELECTRONIC COMMUNICATION SERVICE OR  REMOTE
COMPUTING SERVICE TO SEARCH THEIR RECORDS FOR THE DESIGNATED PROPERTY. A
SEARCH WARRANT IS PROPERLY SERVED ON AN ELECTRONIC COMMUNICATION SERVICE
OR  REMOTE COMPUTING SERVICE WHEN IT HAS BEEN DELIVERED BY HAND, OR IN A
MANNER REASONABLY ALLOWING FOR PROOF OF DELIVERY IF DELIVERED BY  UNITED
STATES  MAIL, OVERNIGHT DELIVERY SERVICE, OR FACSIMILE TO THE ELECTRONIC
COMMUNICATION SERVICE OR REMOTE COMPUTING SERVICE THAT IS THE SUBJECT OF
THE WARRANT.
  4. "ELECTRONIC COMMUNICATION SERVICE", "REMOTE COMPUTING SERVICE"  AND
"ELECTRONIC STORAGE" SHALL BE CONSTRUED IN ACCORDANCE WITH SECTIONS 2510
AND  2701  TO  2711  OF  TITLE  18 OF THE UNITED STATES CODE, AS AMENDED
THROUGH MARCH 1, 2001. THIS SECTION DOES NOT APPLY TO BUSINESSES THAT DO
NOT PROVIDE THOSE SERVICES TO THE GENERAL PUBLIC.
  S 23. The criminal procedure law is amended by adding  a  new  section
690.16 to read as follows:
S 690.16 SEARCH WARRANT OF A FOREIGN ELECTRONIC COMMUNICATION SERVICE OR
           A FOREIGN REMOTE COMPUTING SERVICE.

S. 5361                            29

  UPON  A  SHOWING  OF  REASONABLE  CAUSE,  A COURT SHALL ISSUE A SEARCH
WARRANT  DIRECTING  THAT  A  FOREIGN  ELECTRONIC  COMMUNICATION  SERVICE
PROVIDING  SERVICES  TO  THE  GENERAL PUBLIC OR REMOTE COMPUTING SERVICE
PROVIDING SERVICES  TO  THE  GENERAL  PUBLIC  PRODUCE  CERTAIN  RECORDS,
INCLUDING THOSE THAT WOULD REVEAL THE RECIPIENT OR DESTINATION OF COMMU-
NICATIONS SENT TO OR FROM CUSTOMERS OF THOSE SERVICES AND THE CONTENT OF
THOSE COMMUNICATIONS HELD IN ELECTRONIC STORAGE SO LONG AS:
  1.  THE  RECORDS  CONSTITUTE  EVIDENCE  OR TEND TO DEMONSTRATE THAT AN
OFFENSE WAS COMMITTED AGAINST THE LAWS OF THE STATE; AND
  2. THE LAWS OF THE  FOREIGN  STATE  RECOGNIZE  THE  ISSUANCE  OF  SUCH
WARRANT  AND  AUTHORIZE  THE FOREIGN ELECTRONIC COMMUNICATION SERVICE OR
FOREIGN REMOTE COMPUTING SERVICE TO COMPLY WITH IT.
  S 24. The criminal procedure law is amended by adding  a  new  section
690.17 to read as follows:
S 690.17 WARRANT OF ANOTHER STATE.
  A NEW YORK BUSINESS THAT PROVIDES ELECTRONIC COMMUNICATION SERVICES OR
REMOTE  COMPUTING  SERVICES  TO  THE  GENERAL PUBLIC, WHEN SERVED WITH A
WARRANT ISSUED BY ANOTHER STATE TO PRODUCE RECORDS THAT WOULD REVEAL THE
IDENTITY OF THE CUSTOMERS USING THOSE SERVICES; DATA STORED  BY,  OR  ON
BEHALF  OF,  THE  CUSTOMER;  THE CUSTOMER'S USAGE OF THOSE SERVICES; THE
RECIPIENT OR DESTINATION OF COMMUNICATIONS SENT TO OR FROM THOSE CUSTOM-
ERS; OR THE CONTENT OF THOSE COMMUNICATIONS, SHALL PRODUCE THOSE RECORDS
AS IF THAT WARRANT HAD BEEN ISSUED BY A NEW YORK COURT.
  S 25. The criminal procedure law is amended by adding  a  new  section
690.18 to read as follows:
S 690.18 LIABILITY OF PROVIDERS.
  NO CAUSE OF ACTION SHALL LIE AGAINST ANY FOREIGN OR NEW YORK ELECTRON-
IC  COMMUNICATION  SERVICE  OR  REMOTE COMPUTING SERVICE SUBJECT TO THIS
SECTION, ITS OFFICERS, EMPLOYEES, AGENTS, OR OTHER SPECIFIED PERSONS FOR
PROVIDING RECORDS, INFORMATION, FACILITIES OR ASSISTANCE  IN  ACCORDANCE
WITH THE TERMS OF A WARRANT ISSUED PURSUANT TO THIS CHAPTER.
  S  26.  Subdivision 4 of section 700.05 of the criminal procedure law,
as amended by chapter 744 of the laws of 1988, is  amended  to  read  as
follows:
  4.  "Justice,"  except as otherwise provided herein, means any justice
of an appellate division of the judicial department in which the  eaves-
dropping  warrant is to be executed, or any justice of the supreme court
of the judicial district in which the eavesdropping  warrant  is  to  be
executed,  or  any  county court judge of the county in which the eaves-
dropping warrant is to be executed. When the eavesdropping warrant is to
authorize the interception of oral communications occurring in a vehicle
or wire communications occurring over a WIRELESS telephone [located in a
vehicle], "justice" means any justice of the supreme court of the  judi-
cial  department  or  any  county court judge of the county in which the
eavesdropping device is to be installed or connected or of any  judicial
department  or  county in which communications are expected to be inter-
cepted. When such a justice issues such an eavesdropping  warrant,  such
warrant  may  be  executed  and  such oral or wire communications may be
intercepted anywhere in the state.
  S 27. Paragraph (b) of subdivision 8 of section 700.05 of the criminal
procedure law, as amended by chapter 472 of the laws of 2008, is amended
to read as follows:
  (b) Any of the following felonies: assault in  the  second  degree  as
defined  in section 120.05 of the penal law, assault in the first degree
as defined in section 120.10 of the penal law, reckless endangerment  in
the  first degree as defined in section 120.25 of the penal law, promot-

S. 5361                            30

ing a suicide attempt as defined in section 120.30  of  the  penal  law,
criminally  negligent homicide as defined in section 125.10 of the penal
law, manslaughter in the second degree as defined in section  125.15  of
the  penal  law,  manslaughter in the first degree as defined in section
125.20 of the penal law, murder in  the  second  degree  as  defined  in
section  125.25  of the penal law, murder in the first degree as defined
in section 125.27 of the penal law, abortion in  the  second  degree  as
defined in section 125.40 of the penal law, abortion in the first degree
as  defined in section 125.45 of the penal law, rape in the third degree
as defined in section 130.25 of the penal law, rape in the second degree
as defined in section 130.30 of the penal law, rape in the first  degree
as  defined  in  section 130.35 of the penal law, criminal sexual act in
the third degree as defined in section 130.40 of the penal law, criminal
sexual act in the second degree as defined  in  section  130.45  of  the
penal law, criminal sexual act in the first degree as defined in section
130.50  of the penal law, sexual abuse in the first degree as defined in
section 130.65 of the penal law,  unlawful  imprisonment  in  the  first
degree  as defined in section 135.10 of the penal law, kidnapping in the
second degree as defined in section 135.20 of the penal law,  kidnapping
in the first degree as defined in section 135.25 of the penal law, labor
trafficking  as  defined  in  section 135.35 of the penal law, custodial
interference in the first degree as defined in  section  135.50  of  the
penal  law, coercion in the first degree as defined in section 135.65 of
the penal law, criminal trespass in  the  first  degree  as  defined  in
section 140.17 of the penal law, burglary in the third degree as defined
in  section  140.20  of  the penal law, burglary in the second degree as
defined in section 140.25 of the penal law, burglary in the first degree
as defined in section 140.30 of the penal law, criminal mischief in  the
third  degree  as  defined  in section 145.05 of the penal law, criminal
mischief in the second degree as defined in section 145.10 of the  penal
law,  criminal mischief in the first degree as defined in section 145.12
of the penal law, criminal tampering in the first degree as  defined  in
section  145.20  of the penal law, arson in the fourth degree as defined
in section 150.05 of the penal law, arson in the third degree as defined
in section 150.10 of the penal  law,  arson  in  the  second  degree  as
defined in section 150.15 of the penal law, arson in the first degree as
defined  in section 150.20 of the penal law, grand larceny in the fourth
degree as defined in section 155.30 of the penal law, grand  larceny  in
the  third  degree  as defined in section 155.35 of the penal law, grand
larceny in the second degree as defined in section 155.40 of  the  penal
law,  grand  larceny in the first degree as defined in section 155.42 of
the penal law, COMPUTER TAMPERING IN THE  THIRD  DEGREE  AS  DEFINED  IN
SECTION 156.25 OF THE PENAL LAW, COMPUTER TAMPERING IN THE SECOND DEGREE
AS DEFINED IN SECTION 156.26 OF THE PENAL LAW, COMPUTER TAMPERING IN THE
FIRST  DEGREE AS DEFINED IN SECTION 156.27 OF THE PENAL LAW, health care
fraud in the fourth degree as defined in section  177.10  of  the  penal
law,  health care fraud in the third degree as defined in section 177.15
of the penal law, health care fraud in the second degree as  defined  in
section  177.20  of the penal law, health care fraud in the first degree
as defined in section 177.25 of the penal  law,  robbery  in  the  third
degree  as  defined  in  section 160.05 of the penal law, robbery in the
second degree as defined in section 160.10 of the penal law, robbery  in
the first degree as defined in section 160.15 of the penal law, unlawful
use  of  secret  scientific material as defined in section 165.07 of the
penal law, criminal possession of stolen property in the  fourth  degree
as  defined  in  section 165.45 of the penal law, criminal possession of

S. 5361                            31

stolen property in the third degree as defined in section 165.50 of  the
penal  law,  criminal possession of stolen property in the second degree
as defined by section 165.52 of the penal law,  criminal  possession  of
stolen  property in the first degree as defined by section 165.54 of the
penal law, trademark counterfeiting in the second degree as  defined  in
section  165.72  of the penal law, trademark counterfeiting in the first
degree as defined in section 165.73 of the penal  law,  forgery  in  the
second  degree as defined in section 170.10 of the penal law, forgery in
the first degree as defined in section 170.15 of the penal law, criminal
possession of a forged instrument in the second  degree  as  defined  in
section 170.25 of the penal law, criminal possession of a forged instru-
ment  in the first degree as defined in section 170.30 of the penal law,
criminal possession of forgery devices as defined in section  170.40  of
the  penal  law,  falsifying  business  records  in  the first degree as
defined in section 175.10  of  the  penal  law,  tampering  with  public
records  in  the  first degree as defined in section 175.25 of the penal
law, offering a false instrument for  filing  in  the  first  degree  as
defined  in section 175.35 of the penal law, issuing a false certificate
as defined in section 175.40 of the penal  law,  criminal  diversion  of
prescription  medications  and  prescriptions  in  the  second degree as
defined in section 178.20  of  the  penal  law,  criminal  diversion  of
prescription  medications  and  prescriptions  in  the  first  degree as
defined in section 178.25 of the penal law, residential  mortgage  fraud
in  the  fourth  degree  as  defined in section 187.10 of the penal law,
residential mortgage fraud in the third degree  as  defined  in  section
187.15 of the penal law, residential mortgage fraud in the second degree
as  defined  in  section  187.20  of the penal law, residential mortgage
fraud in the first degree as defined in section 187.25 of the penal law,
escape in the second degree as defined in section 205.10  of  the  penal
law,  escape  in  the  first  degree as defined in section 205.15 of the
penal law, absconding from temporary release  in  the  first  degree  as
defined  in section 205.17 of the penal law, promoting prison contraband
in the first degree as defined in  section  205.25  of  the  penal  law,
hindering  prosecution in the second degree as defined in section 205.60
of the penal law, hindering prosecution in the first degree  as  defined
in  section  205.65  of  the  penal  law,  sex trafficking as defined in
section 230.34 of the penal law, criminal possession of a weapon in  the
third  degree  as defined in subdivisions two, three and five of section
265.02 of the penal law, criminal possession of a weapon in  the  second
degree  as  defined  in  section  265.03  of  the  penal  law,  criminal
possession of a weapon in the first degree as defined in section  265.04
of  the penal law, manufacture, transport, disposition and defacement of
weapons and dangerous instruments and appliances defined as felonies  in
subdivisions  one,  two,  and  three of section 265.10 of the penal law,
sections 265.11, 265.12 and 265.13 of the penal law, or  prohibited  use
of  weapons as defined in subdivision two of section 265.35 of the penal
law, relating to firearms and other dangerous weapons, [or]  failure  to
disclose  the  origin  of  a recording in the first degree as defined in
section 275.40 of the penal law, AGRICULTURAL ADULTERATION IN THE SECOND
DEGREE AS DEFINED IN SECTION 280.05 OF THE PENAL  LAW,  OR  AGRICULTURAL
ADULTERATION  IN  THE  FIRST  DEGREE AS DEFINED IN SECTION 280.10 OF THE
PENAL LAW;
  S 28. Paragraph (o) of subdivision 8 of section 700.05 of the criminal
procedure law, as amended by chapter 489 of the laws of 2000, is amended
to read as follows:

S. 5361                            32

  (o) Money laundering in the first degree, as defined in section 470.20
of the penal law, money laundering in the second degree  as  defined  in
section 470.15 of the penal law, money laundering in the third degree as
defined  in  section  470.10  of such law, [and] money laundering in the
fourth degree as defined in section 470.05 of such law, MONEY LAUNDERING
IN  SUPPORT  OF  TERRORISM  IN  THE  FOURTH DEGREE AS DEFINED IN SECTION
470.21 OF SUCH LAW, MONEY LAUNDERING IN  SUPPORT  OF  TERRORISM  IN  THE
THIRD  DEGREE AS DEFINED IN SECTION 470.22 OF SUCH LAW, MONEY LAUNDERING
IN SUPPORT OF TERRORISM IN THE  SECOND  DEGREE  AS  DEFINED  IN  SECTION
470.23  OF SUCH LAW, AND MONEY LAUNDERING IN SUPPORT OF TERRORISM IN THE
FIRST DEGREE AS DEFINED IN SECTION 470.24 OF SUCH LAW, where the proper-
ty involved represents or is represented to be the proceeds of specified
criminal conduct which itself constitutes a  designated  offense  within
the  meaning of this subdivision, OR THE PROCEEDS OF AN ACT OF TERRORISM
AS DEFINED IN SUBDIVISION ONE OF SECTION 490.05 OF SUCH LAW, OR A  MONE-
TARY  INSTRUMENT  GIVEN,  RECEIVED  OR  INTENDED TO BE USED TO SUPPORT A
VIOLATION OF ARTICLE FOUR HUNDRED NINETY OF SUCH LAW.
  S 29. Paragraph (q) of subdivision 8 of section 700.05 of the criminal
procedure law, as amended by section 3 of part A of  chapter  1  of  the
laws of 2004, is amended to read as follows:
  (q)  Soliciting  or  providing  support for an act of terrorism in the
second degree as defined in section 490.10 of the penal law,  soliciting
or  providing  support  for  an  act of terrorism in the first degree as
defined in section 490.15 of the penal law, making a terroristic  threat
as  defined  in  section  490.20 of the penal law, crime of terrorism as
defined in section 490.25 of the penal law, CRIME OF CYBER-TERRORISM  AS
DEFINED  IN  SECTION  490.27  OF THE PENAL LAW, hindering prosecution of
terrorism in the second degree as defined in section 490.30 of the penal
law, hindering prosecution of terrorism in the first degree  as  defined
in  section  490.35  of the penal law, criminal possession of a chemical
weapon or biological weapon in the third degree as  defined  in  section
490.37  of  the  penal  law, criminal possession of a chemical weapon or
biological weapon in the second degree as defined in section  490.40  of
the  penal  law,  criminal possession of a chemical weapon or biological
weapon in the first degree as defined in section  490.45  of  the  penal
law, criminal use of a chemical weapon or biological weapon in the third
degree  as defined in section 490.47 of the penal law, criminal use of a
chemical weapon or biological weapon in the second degree as defined  in
section  490.50  of the penal law, and criminal use of a chemical weapon
or biological weapon in the first degree as defined in section 490.55 of
the penal law.
  S 30. Subdivision 2 of section 40.30 of the criminal procedure law  is
amended by adding a new paragraph (c) to read as follows:
  (C)  SUCH  PROSECUTION  OCCURRED IN A COURT OF ANY JURISDICTION WITHIN
THE UNITED STATES OTHER THAN A COURT OF  THIS  STATE,  AND  THE  PRESENT
PROSECUTION  IS FOR AN OFFENSE DEFINED IN ARTICLE FOUR HUNDRED NINETY OF
THE PENAL LAW.
  S 31. Subdivision 9 of section 40.50 of the criminal procedure law, as
added by chapter 516 of the laws of 1986, is amended to read as follows:
  9. A person who has been previously prosecuted for racketeering pursu-
ant to federal law, or any comparable offense pursuant  to  the  law  of
another   state  may  not  be  subsequently  prosecuted  for  enterprise
corruption based upon a pattern of criminal activity  that  specifically
includes  a  criminal  act  that  was  also specifically included in the
pattern of racketeering activity upon which the prior charge  of  racke-
teering  was  based;  provided,  however, that this section shall not be

S. 5361                            33

construed to prohibit the subsequent prosecution of  any  other  offense
specifically  included in or otherwise a part of a pattern of racketeer-
ing activity alleged in any such prior prosecution for  racketeering  or
other  comparable  offense, AND SHALL NOT PROHIBIT THE SUBSEQUENT PROSE-
CUTION OF ANY OFFENSE UNDER ARTICLE FOUR HUNDRED  NINETY  OF  THE  PENAL
LAW.
  S  32.  Section  210.40  of  the  criminal procedure law is amended by
adding a new subdivision 2-a to read as follows:
  2-A. IN ADDITION TO THE GROUNDS SPECIFIED IN SUBDIVISION ONE  OF  THIS
SECTION,  UPON  ANY MOTION TO DISMISS AN INDICTMENT OR ANY COUNT THEREOF
ALLEGING A VIOLATION OF ARTICLE FOUR HUNDRED NINETY OF  THE  PENAL  LAW,
THE  COURT  MUST ALSO CONSIDER WHETHER THE DEFENDANT PREVIOUSLY HAS BEEN
PROSECUTED IN A COURT OF ANY OTHER JURISDICTION WITHIN THE UNITED STATES
BASED UPON THE SAME ACT OR CRIMINAL TRANSACTION.
  S 33. Section 710.70 of the  criminal  procedure  law  is  amended  by
adding a new subdivision 4 to read as follows:
  4. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IN A CRIMINAL ACTION IN
WHICH  THE  DEFENDANT  IS  ACCUSED OF AN OFFENSE DEFINED IN ARTICLE FOUR
HUNDRED NINETY OF THE PENAL LAW, THE COURT MAY NOT SUPPRESS EVIDENCE  OR
ORDER  THAT  EVIDENCE BE EXCLUDED ON ACCOUNT OF A VIOLATION OF ANY RIGHT
ACCORDED BY THE FOURTH AMENDMENT  TO  THE  CONSTITUTION  OF  THE  UNITED
STATES  OR  SECTION  TWELVE  OF  ARTICLE ONE OF THE CONSTITUTION OF THIS
STATE, IF THE COURT FINDS AFTER A HEARING THAT THE LAW ENFORCEMENT OFFI-
CER OR OFFICERS ACTED IN GOOD FAITH.
  S 34. The criminal procedure law is amended by adding  a  new  section
700.75 to read as follows:
S 700.75 ROVING INTERCEPTIONS.
  IN  ANY  CASE  IN WHICH THE DESIGNATED OFFENSE IS DEFINED IN PARAGRAPH
(Q) OF SUBDIVISION EIGHT OF SECTION 700.05 OF THIS ARTICLE, THE REQUIRE-
MENTS OF THIS ARTICLE RELATING TO THE SPECIFICATION  OF  THE  FACILITIES
FROM  WHICH,  OR THE PLACE WHERE, THE COMMUNICATION IS TO BE INTERCEPTED
DO NOT APPLY IF:
  1. IN THE CASE OF AN APPLICATION  FOR  THE  INTERCEPTION  OF  AN  ORAL
COMMUNICATION:
  (A)  THE  APPLICATION CONTAINS A FULL AND COMPLETE STATEMENT AS TO WHY
SUCH SPECIFICATION IS NOT PRACTICAL AND IDENTIFIES THE PERSON COMMITTING
THE OFFENSE WHOSE COMMUNICATIONS ARE TO  BE  INTERCEPTED;  AND  (B)  THE
COURT FINDS THAT SUCH SPECIFICATION IS NOT PRACTICAL; OR
  2.  IN  THE  CASE  OF AN APPLICATION WITH RESPECT TO INTERCEPTION OF A
WIRE OR ELECTRONIC COMMUNICATION:
  (A) THE APPLICATION IDENTIFIES THE PERSON BELIEVED  TO  BE  COMMITTING
THE  OFFENSE  AND  WHOSE  COMMUNICATIONS  ARE  TO BE INTERCEPTED AND THE
APPLICANT MAKES A SHOWING OF A PURPOSE, ON THE PART OF THAT  PERSON,  TO
THWART INTERCEPTION BY CHANGING FACILITIES; AND (B) THE COURT FINDS THAT
SUCH PURPOSE HAS BEEN ADEQUATELY SHOWN.
  3.  INTERCEPTION  OF  COMMUNICATIONS UNDER AN ORDER ISSUED PURSUANT TO
THIS SECTION SHALL NOT BEGIN UNTIL THE FACILITIES  FROM  WHICH,  OR  THE
PLACE  WHERE,  THE  COMMUNICATION IS TO BE INTERCEPTED IS ASCERTAINED BY
THE PERSON IMPLEMENTING THE INTERCEPTION ORDER. A PROVIDER  OF  WIRE  OR
ELECTRONIC COMMUNICATIONS SERVICE THAT HAS RECEIVED AN ORDER AS PROVIDED
FOR  IN  SUBDIVISION TWO OF THIS SECTION MAY MOVE THE COURT TO MODIFY OR
QUASH THE ORDER ON THE GROUNDS THAT ITS ASSISTANCE WITH RESPECT  TO  THE
INTERCEPTION  CANNOT BE PERFORMED IN A TIMELY OR REASONABLE FASHION. THE
COURT, UPON NOTICE TO THE APPLICANT,  SHALL  DECIDE  SUCH  MOTION  EXPE-
DITIOUSLY.

S. 5361                            34

  S  35.  Subdivision  6  of  section 1310 of the civil practice law and
rules, as added by chapter 669 of the laws of 1984, is amended  to  read
as follows:
  6.  "Pre-conviction  forfeiture  crime" means only a felony defined in
article two hundred twenty  or  section  221.30  [or],  221.55,  470.21,
470.22, 470.23, OR 470.24 of the penal law.
  S 36. Section 1311-a of the civil practice law and rules is amended by
adding a new subdivision 7 to read as follows:
  7.  A  SUBPOENA  DUCES  TECUM  ISSUED  UNDER THIS SECTION OR ANY OTHER
PROVISION OF LAW IN AID OF A CIVIL FORFEITURE  ACTION  MAY  REQUIRE  THE
PRODUCTION  OF  RECORDS  BY ANY PERSON OR ENTITY PRESENT IN THE STATE OR
DOING BUSINESS IN THE STATE PERTAINING TO  PROPERTY  LOCATED  WITHIN  OR
WITHOUT THE STATE.
  S  37. The opening paragraph of section 1313 of the civil practice law
and rules is designated subdivision 1 and a new subdivision 2  is  added
to read as follows:
  2.  ANY PERSON OR ENTITY PRESENT IN THE STATE OR DOING BUSINESS IN THE
STATE AND IN POSSESSION OR CONTROL OF PROPERTY AGAINST WHICH  A  FORFEI-
TURE  JUDGMENT  MAY BE ENFORCED MUST COMPLY WITH A TEMPORARY RESTRAINING
ORDER OR PRELIMINARY INJUNCTION ISSUED UNDER THIS ARTICLE  WITH  RESPECT
TO  PROPERTY  LOCATED  WITHIN OR WITHOUT THE STATE. A CLAIMING AUTHORITY
MAY SEEK AN ORDER DIRECTING THAT SUCH  PERSON  OR  ENTITY  TRANSFER  THE
PROPERTY  TO  THE  CLAIMING  AGENT TO BE HELD DURING THE PENDENCY OF THE
ACTION.
  S 38. The tax law is amended by adding a new section  30  to  read  as
follows:
  S  30.  DISCLOSURE OF TAX RETURNS OR REPORTS OF PARTICULARS THEREIN IN
INVESTIGATION OR PROSECUTION OF STATE  OR  FEDERAL  TERRORISM  OFFENSES;
SECRECY  REQUIREMENT  AND  PENALTY FOR VIOLATION.  (A) DISCLOSURE OF TAX
RETURNS OR REPORTS OR PARTICULARS THEREIN IN CASES  INVOLVING  STATE  OR
FEDERAL TERRORISM OFFENSES.  (1) NOTWITHSTANDING ANY PROVISION OF LAW TO
THE  CONTRARY,  THE  COMMISSIONER  MAY  DIVULGE,  MAKE KNOWN OR DISCLOSE
RETURNS OR REPORTS OR PARTICULARS SET FORTH OR DISCLOSED IN  ANY  RETURN
OR REPORT REQUIRED UNDER ANY TAX OR OTHER IMPOSITION ADMINISTERED BY THE
COMMISSIONER  UPON  THE  GRANT OF AN EX PARTE ORDER ISSUED BY A SUPERIOR
COURT UNDER PARAGRAPH TWO OF THIS SUBDIVISION, OR IN RESPONSE TO A GRAND
JURY SUBPOENA OR UPON A PARTICULARIZED WRITTEN REQUEST OF  THE  ATTORNEY
GENERAL,  A STATE DISTRICT ATTORNEY, A FEDERAL PROSECUTOR, AN INDIVIDUAL
SPECIFIED IN 26 U.S.C. 6103(I)(1)(B) OR ANY OTHER ATTORNEY  REPRESENTING
THE  STATE  OR  THE UNITED STATES, WHICH STATES THAT SUCH INFORMATION IS
SOUGHT IN CONNECTION WITH AN INVESTIGATION OR PROSECUTION OF AN  ACT  OR
ACTS IN VIOLATION OF SECTION 470.21, 470.22, 470.23 OR 470.24 OR ARTICLE
FOUR  HUNDRED NINETY OF THE PENAL LAW OR A FEDERAL TERRORISM OFFENSE AND
THE INFORMATION IS OR MAY BE RELEVANT TO THE COMMISSION OF SUCH  ACT  OR
ACTS.  ANY  SUCH  RETURN  OR REPORT OR PARTICULARS MAY BE REDISCLOSED TO
FEDERAL, STATE OR LOCAL LAW ENFORCEMENT OFFICIALS PARTICIPATING  IN  THE
INVESTIGATION OF TERRORIST ACTS OR THREATS.
  (2)  SUCH  ATTORNEY  GENERAL,  DISTRICT  ATTORNEY, FEDERAL PROSECUTOR,
INDIVIDUAL SPECIFIED  IN  26  U.S.C.  6103(I)(1)(B)  OR  OTHER  ATTORNEY
REPRESENTING THE STATE OR THE UNITED STATES MAY MAKE AN APPLICATION TO A
SUPERIOR COURT FOR THE ORDER REFERRED TO IN PARAGRAPH ONE OF THIS SUBDI-
VISION.  UPON  SUCH  APPLICATION,  SUCH COURT MAY GRANT SUCH ORDER IF IT
DETERMINES ON THE BASIS OF THE FACTS SUBMITTED BY THE APPLICANT THAT:
  (A) THERE IS REASONABLE CAUSE TO BELIEVE THAT A CRIME IN VIOLATION  OF
SECTION  470.21, 470.22, 470.23 OR 470.24 OR ARTICLE FOUR HUNDRED NINETY
OF THE PENAL LAW OR A FEDERAL TERRORISM OFFENSE HAS BEEN COMMITTED;

S. 5361                            35

  (B) THERE IS REASONABLE CAUSE TO BELIEVE THAT SUCH RETURN OR REPORT OR
PARTICULARS ARE OR MAY BE RELEVANT TO A MATTER RELATING TO  THE  COMMIS-
SION  OF  SUCH  CRIME  IN VIOLATION OF SECTION 470.21, 470.22, 470.23 OR
470.24 OR ARTICLE FOUR HUNDRED NINETY OF THE  PENAL  LAW  OR  A  FEDERAL
TERRORISM OFFENSE; AND
  (C)  SUCH  RETURN  OR REPORT OR PARTICULARS ARE SOUGHT EXCLUSIVELY FOR
USE IN THE STATE OR  A  FEDERAL  CRIMINAL  INVESTIGATION  OR  PROCEEDING
CONCERNING  SUCH CRIME IN VIOLATION OF SECTION 470.21, 470.22, 470.23 OR
470.24 OR ARTICLE FOUR HUNDRED NINETY OF THE  PENAL  LAW  OR  A  FEDERAL
TERRORISM  OFFENSE,  AND  THE  INFORMATION SOUGHT TO BE DISCLOSED CANNOT
REASONABLY BE OBTAINED, UNDER THE CIRCUMSTANCES, FROM ANOTHER SOURCE.
  (3) IF ANY PERSON SPECIFIED IN PARAGRAPH ONE OF THIS  SUBDIVISION  HAS
RECEIVED  ANY  SUCH  RETURN  OR  REPORT  OR  PARTICULARS PURSUANT TO THE
PROVISIONS OF THIS SUBDIVISION, THEN SUCH PERSON  MAY  DISCLOSE  TO  THE
COMMISSIONER  ANY INFORMATION DISCOVERED DURING THE COURSE OF ANY INVES-
TIGATION OR JUDICIAL PROCEEDING REFERRED TO IN THIS  SUBDIVISION,  WHICH
MAY  RELATE TO A VIOLATION OR VIOLATIONS OF THE PROVISIONS OF ANY TAX OR
OTHER IMPOSITION ADMINISTERED BY THE COMMISSIONER.
  (4) IF SUCH ATTORNEY GENERAL, DISTRICT ATTORNEY,  FEDERAL  PROSECUTOR,
INDIVIDUAL  SPECIFIED  IN  26  U.S.C.  6103(I)(1)(B)  OR  OTHER ATTORNEY
REPRESENTING THE STATE OR  THE  UNITED  STATES  HAS  OBTAINED  ANY  SUCH
RETURNS  OR  REPORTS  OR  PARTICULARS PURSUANT TO THE PROVISIONS OF THIS
SUBDIVISION, THEN SUCH RETURNS OR REPORTS OR PARTICULARS MAY BE ADMITTED
INTO EVIDENCE AND DISCLOSED IN ANY  JUDICIAL  PROCEEDING  PERTAINING  TO
ENFORCEMENT OF A CRIME IN VIOLATION OF SECTION 470.21, 470.22, 470.23 OR
470.24  OR  ARTICLE  FOUR  HUNDRED  NINETY OF THE PENAL LAW OR A FEDERAL
TERRORISM OFFENSE OR RELATED CIVIL FORFEITURE (NOT INVOLVING TAX  ADMIN-
ISTRATION) TO WHICH THE STATE OR THE UNITED STATES IS A PARTY.
  (B)  THIS  SECTION SHALL NOT APPLY TO ANY DISCLOSURE OF THE RETURNS OR
REPORTS OR PARTICULARS DESCRIBED IN SUBDIVISION (A) OF THIS  SECTION  TO
THE  EXTENT THAT SUCH DISCLOSURE IS PERMITTED OR AUTHORIZED BY ANY OTHER
PROVISION OF THIS CHAPTER OR ANY PROVISION OF ANY TAX OR  OTHER  IMPOSI-
TION ADMINISTERED BY THE COMMISSIONER.
  (C)  SECRECY  REQUIREMENT  AND  PENALTY  FOR  VIOLATION. (1) EXCEPT IN
ACCORDANCE WITH PROPER JUDICIAL ORDER OR AS OTHERWISE PROVIDED  BY  LAW,
IT  SHALL  BE  UNLAWFUL FOR ANY PERSON TO WHOM THE RETURNS OR REPORTS OR
PARTICULARS DESCRIBED IN SUBDIVISION (A) OF THIS SECTION  ARE  DISCLOSED
IN  ACCORDANCE  WITH THIS SECTION TO DIVULGE OR MAKE KNOWN IN ANY MANNER
SUCH INCOME OR PARTICULARS FOR USES NOT AUTHORIZED UNDER THIS SECTION.
  (2) CROSS-REFERENCE. FOR CRIMINAL PENALTIES, SEE ARTICLE  37  OF  THIS
CHAPTER.
  S  39.  Section 1825 of the tax law, as amended by section 2 of part N
of chapter 686 of the laws of 2003, is amended to read as follows:
  S 1825. Violation of secrecy provisions of the  tax  law.--Any  person
who  violates the provisions of subdivision (b) of section twenty-one AS
ADDED BY CHAPTER 686 OF THE LAWS OF 2003, SECTION TWENTY-EIGHT, subdivi-
sion one of section two hundred two, subdivision eight  of  section  two
hundred  eleven,  subdivision  (a)  of  section  three hundred fourteen,
subdivision one or two of section  four  hundred  thirty-seven,  section
four  hundred  eighty-seven,  subdivision  one  or  two  of section five
hundred fourteen, subsection (e) of section  six  hundred  ninety-seven,
subsection  (a)  of section nine hundred ninety-four, subdivision (a) of
section eleven hundred forty-six, subdivision (a)  of  section  fourteen
hundred  eighteen, subsection (a) of section fourteen hundred sixty-sev-
en, subdivision (a) of section fifteen hundred eighteen, subdivision (a)
of section fifteen hundred fifty-five of this chapter,  and  subdivision

S. 5361                            36

(e)  of  section  11-1797  of the administrative code of the city of New
York shall be guilty of a misdemeanor.
  S  40. Subdivision 1 of section 21 of the executive law, as amended by
chapter 346 of the laws of 2002, is amended to read as follows:
  1. There is hereby created in  the  executive  department  a  disaster
preparedness  commission  consisting of the commissioners of transporta-
tion, health, division of criminal justice services,  education,  social
services,  economic  development,  agriculture  and markets, housing and
community renewal, general services, labor, environmental  conservation,
mental  health,  the president of the New York state energy research and
development authority, the superintendents of state  police,  insurance,
banking, the secretary of state, the state fire administrator, the chair
of  the public service commission, the adjutant general, the director of
the state office for technology, the chairman of the thruway  authority,
THE  DIRECTOR OF THE OFFICE OF HOMELAND SECURITY, the chief professional
officer of the state coordinating chapter of the American Red Cross  and
three  additional  members, to be appointed by the governor, two of whom
shall be chief executives. The governor shall designate the chair of the
commission.  The members of the commission, except those  who  serve  ex
officio,  shall  be allowed their actual and necessary expenses incurred
in the performance of their duties under this article but shall  receive
no  additional compensation for services rendered pursuant to this arti-
cle.
  S 41.  If  any  item,  clause,  sentence,  subparagraph,  subdivision,
section  or  other  part  of this act, or the application thereof to any
person or circumstances shall be held to be invalid, such holding  shall
not  affect,  impair  or  invalidate  the  remainder of this act, or the
application of such section or part of a section held  invalid,  to  any
other person or circumstances, but shall be confined in its operation to
the  item, clause, sentence, subparagraph, subdivision, section or other
part of this act directly involved in such holding, or to the person and
circumstances therein involved.
  S 42. This act shall take effect immediately, provided, however,  that
the provisions of section 700.75 of the criminal procedure law, as added
by  section thirty-four of this act, and the provisions of section 30 of
the tax law, as added by section thirty-eight of this act, shall  expire
and be deemed repealed two years after such date.