Senate Bill S5351

                                 BILL NUMBER:  S5351

 TITLE OF BILL :  An act to amend the executive law, in relation to
the establishment of the New York state business continuity act of
2009


 PURPOSE :

This bill seeks to establish a New York state business continuity
program.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 of this bill would provide that this law shall be known and
may be cited as the New York state business continuity act.

Section 2 of this bill would amend the executive law to add a new
section 716 to establish a New York state business continuity program.
Pursuant to such section, the New York State Office of Homeland
Security would be directed to conduct an investigation and study on
the issue of the establishment of a New York state business continuity
program. Such investigation and study would be required to be
completed on or before December 31, 2010.

Within 90 days of the completion of such investigation and study, such
              

Office must also complete and deliver, to the chair of the Senate
Standing Committee on Veterans, Homeland Security and Military Affairs
and the chair of the Assembly Standing Committee on Governmental
Operations, a report on such investigation and study, containing
recommendations to the legislature on the establishment of a New York
state business continuity program.

Such recommendations shall include what measures need to be taken by
New York State to establish such a program, what laws should be
amended or added to establish such a program, and what fiscal
resources would need to be appropriated and expended, if any, to
establish such a program.

Section 3 of this bill would provide for an immediate effective date.

 JUSTIFICATION :

New York State presently exists in a dangerous and uncertain world.
The lessons of September 11th and Hurricane Katrina demonstrate that
our State, its government, and its people need to be prepared for
predictable surprises, and have the capacity to respond and recover
from such events when and if they occur.

This bill seeks to provide the mechanism for the establishment of a
New York state business continuity program. Such a program is a
necessary and prudent step toward preparing New York State's response
and recovery to a predictable surprise.  Such a program, by terms of
this bill, would be developed in partnership with the New York State
Office of Homeland Security, after thoughtful study and investigation.

The report and recommendations required under this bill would provide
the framework for the establishment of the Program, upon which a
successful establishment and implementation could be based. This bill
seeks to direct New York State's Homeland Security efforts in a
responsible, thoughtful manner, using experience, intelligence and the
principles of risk management to seek the best possible outcome for
the citizens of New York State.

 PRIOR LEGISLATIVE HISTORY :

2008 - S.5531 - Referred to the Standing Committee on Veterans,
Homeland Security and Military Affairs.

 FISCAL IMPLICATIONS :

None noted, for although some staff time at the New York State Office
of Homeland Security would be required to accomplish the
investigation, study and report required under this bill, its actions
could easily be performed with current resources.

 EFFECTIVE DATE :
This bill would take effect immediately.