senate Bill S4719A

Amended

Requires counties and cities with a population of one million or more to prepare comprehensive emergency management plans

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 19 / Apr / 2013
    • REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
  • 30 / May / 2013
    • REPORTED AND COMMITTED TO FINANCE
  • 17 / Jun / 2013
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 17 / Jun / 2013
    • ORDERED TO THIRD READING CAL.1386
  • 17 / Jun / 2013
    • PASSED SENATE
  • 17 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 17 / Jun / 2013
    • REFERRED TO GOVERNMENTAL OPERATIONS
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
  • 12 / Mar / 2014
    • AMEND (T) AND RECOMMIT TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
  • 12 / Mar / 2014
    • PRINT NUMBER 4719A
  • 28 / May / 2014
    • REPORTED AND COMMITTED TO FINANCE
  • 02 / Jun / 2014
    • AMEND AND RECOMMIT TO FINANCE
  • 02 / Jun / 2014
    • PRINT NUMBER 4719B
  • 16 / Jun / 2014
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 16 / Jun / 2014
    • ORDERED TO THIRD READING CAL.1383
  • 16 / Jun / 2014
    • SUBSTITUTED BY A6530B

Summary

Requires counties and cities with a population of one million or more to prepare comprehensive emergency management plans.

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Bill Details

Versions:
S4719
S4719A
S4719B
Legislative Cycle:
2013-2014
Law Section:
Executive Law
Laws Affected:
Amd ยงยง23 & 24, Exec L

Votes

Sponsor Memo

BILL NUMBER:S4719A

TITLE OF BILL: An act to amend the executive law, in relation to
requiring counties and cities with a population of one million or more
to prepare comprehensive emergency management plans

Purpose Or General Idea Of Bill:

The purpose of this bill is to require counties and cities with a
population of one million or more to adopt comprehensive emergency
management plans, which would include provisions for the deployment of
home health care and hospice personell during local emergencies.

Summary Of Specific Provisions:

Section 1 would require all counties and all cities with a population
of one million or more to prepare a comprehensive emergency management
plan.

Section 2 would require the preparation of such plans to be adopted
with the coordination, advice, and assistance from organizations that
provide home health care services and organizations that provide
hospice services, in addition to the other entities already provided
for by law.

Section 3 would require such plans to include procedures for the
deployment of physicians, nurses, medical professionals, personnel
deployed by certified home health agencies, long term home health care
programs or licensed home care services agencies governed under
article thirty-six of the public health law, personnel deployed by
hospices certified pursuant to article forty of the public health law
or any other personnel deemed necessary, including deployment in areas
where access has otherwise been restricted or subject to curfew in
declared emergencies.

Section 4 would require each county and each city with a population of
one million or more to revise such plans in the event such revisions
are needed to comply with the provisions of this act. Such revised
plans would also be required to be submitted to the disaster
preparedness commission.

Section 5 would clarify that during a local state of emergency, local
orders may establish a curfew and prohibit and control pedestrian and
vehicular traffic, except essential emergency vehicles and personnel,
and except as consistent with local comprehensive emergency management
plans.

Section 6 provides for an immediate effective date.

Effects Of Present Law Which This Bill Would Alter:

Currently, the executive law permits counties, cities, towns, and
villages to adopt local comprehensive emergency management plans.
This bill would require all counties and all cities with a population
of one million or more to prepare such plans.


In addition, this bill would clarify that personnel providing home
health care services and hospice services should be consulted in the
preparation of such plans and that such plans include provisions for
the deployment of such personnel during an emergency.

Justification:

By enacting this legislation, New York State would help to ensure that
the deployment of home health and hospice personnel is adequately
addressed during local emergencies. Access to patients in restricted
zones was a major problem for home care and hospice staff in
responding to Hurricane Sandy as well as other emergency situations,
and this bill seeks to prevent such situations in the future.

Prior Legislative History:

2013: A6530 - referred to governmental operations

Fiscal Implications:

None.

Effective Date:

This act shall take effect immediately.

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

                                 4719--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 19, 2013
                               ___________

Introduced  by  Sens.  LANZA,  SAVINO,  AVELLA, PARKER -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Veterans, Homeland Security and Military Affairs -- recommitted to the
  Committee  on  Veterans,  Homeland  Security  and  Military Affairs in
  accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the executive law, in relation to requiring counties and
  cities with a population of one million or more to prepare  comprehen-
  sive emergency management plans

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

  Section 1. Subdivision 1 of  section  23  of  the  executive  law,  as
amended  by  section  4  of part B of chapter 56 of the laws of 2010, is
amended to read as follows:
  1. Each county, except those contained within the city  of  New  York,
and  each CITY WITH A POPULATION OF ONE MILLION OR MORE, SHALL PREPARE A
COMPREHENSIVE EMERGENCY MANAGEMENT PLAN. EACH city WITH A POPULATION  OF
LESS  THAN  ONE  MILLION,  town  and  village is authorized to prepare A
comprehensive emergency management [plans] PLAN.  The disaster prepared-
ness commission shall provide assistance and advice for the  development
of  such  plans.  [City]  EACH  CITY  WITH A POPULATION OF LESS THAN ONE
MILLION, town and village [plans] PLAN shall  be  coordinated  with  the
county plan.
  S  2.  Subdivision 5 of section 23 of the executive law, as amended by
section 4 of part B of chapter 56 of the laws of  2010,  is  amended  to
read as follows:
  5.  In  preparing such plans, cooperation, advice and assistance shall
be sought from local government officials, regional and  local  planning
agencies,  police  agencies,  fire departments and fire companies, local
emergency  management  agencies,  commercial  and  volunteer   ambulance

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10093-06-4

S. 4719--A                          2

services,  health  and social services officials, community action agen-
cies, the chief administrator  of  the  courts,  organizations  for  the
elderly and the handicapped, ORGANIZATIONS THAT PROVIDE HOME HEALTH CARE
SERVICES,  ORGANIZATIONS THAT PROVIDE HOSPICE SERVICES, other interested
groups and the  general  public.  Such  advice  and  assistance  may  be
obtained through public hearings held on public notice, or through other
appropriate methods.
  S  3.  Subparagraphs  17  and  18  of  paragraph b of subdivision 7 of
section 23 of the executive law, as amended by section 4 of  part  B  of
chapter 56 of the laws of 2010, are amended and a new subparagraph 19 is
added to read as follows:
  (17)  continued  operation  of  governments of political subdivisions;
[and]
  (18) utilization and coordination of programs  to  assist  individuals
with  household  pets  and  service  animals  following a disaster, with
particular attention to means of evacuation, shelter and  transportation
options[.]; AND
  (19)  PROCEDURES  FOR  THE  DEPLOYMENT  OF PHYSICIANS, NURSES, MEDICAL
PROFESSIONALS, PERSONNEL DEPLOYED BY  CERTIFIED  HOME  HEALTH  AGENCIES,
LONG TERM HOME HEALTH CARE PROGRAMS OR LICENSED HOME CARE SERVICES AGEN-
CIES GOVERNED UNDER ARTICLE THIRTY-SIX OF THE PUBLIC HEALTH LAW, PERSON-
NEL  DEPLOYED  BY  HOSPICES  CERTIFIED  PURSUANT TO ARTICLE FORTY OF THE
PUBLIC HEALTH LAW OR ANY OTHER  PERSONNEL  DEEMED  NECESSARY,  INCLUDING
DEPLOYMENT  IN  AREAS  WHERE  ACCESS  HAS  OTHERWISE  BEEN RESTRICTED OR
SUBJECT TO CURFEW IN DECLARED EMERGENCIES.
  S 4. Each county, and each city with a population of  one  million  or
more,  that  on  the  effective  date of this act has already prepared a
comprehensive emergency management plan shall revise such  plan  in  the
event  such  revisions  are needed to comply with the provisions of this
act, and shall submit such revised plan  to  the  disaster  preparedness
commission  on  or before the one hundred eightieth day after the effec-
tive date of this act.
  S 5. Paragraph a of subdivision 1 of section 24 of the executive  law,
as  added  by  chapter  640  of  the laws of 1978, is amended to read as
follows:
  a. the establishment of a curfew and the prohibition  and  control  of
pedestrian  and  vehicular  traffic, except essential emergency vehicles
and personnel, AND EXCEPT AS CONSISTENT WITH A LOCAL COMPREHENSIVE EMER-
GENCY MANAGEMENT PLAN;
  S 6. This act shall take effect immediately.

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