senate Bill S5361

2009-2010 Legislative Session

Creates the state emergency health powers act and enacts legislation relating to terrorism

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Veterans, Homeland Security And Military Affairs Committee

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

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view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2010 referred to veterans, homeland security and military affairs
Apr 27, 2009 referred to veterans, homeland security and military affairs

S5361 (ACTIVE) - Details

See Assembly Version of this Bill:
Current Committee:
Senate Veterans, Homeland Security And Military Affairs
Law Section:
Executive Law
Laws Affected:
Add §§29-h & 29-i, amd §21, Exec L; add Art 10 Title I §§1000 - 1003, Title II §§1010 - 1016, Title III §§1020 - 1027, Title IV §§1030 - 1031, Title V §§1040 - 1047, Pub Health L; amd Pen L, generally; amd CP L, generally; amd §§1310, 1311-a & 1313, CPLR; add §30, amd §1825, Tax L
Versions Introduced in 2011-2012 Legislative Session:

S5361 (ACTIVE) - Summary

Creates the state emergency health powers act; establishes measures to detect and track potential and existing public health emergencies and measures to declare a state of public emergency; authorizes special powers during a state of public emergency for the control of property and the control of persons; and further establishes procedures for dissemination of information to the public (view more) enacts legislation relating to terrorism; including the crimes of agricultural adulteration in the first and second degrees, cyber-terrorism, hazardous use of a laser pointer, structuring in the first and second degrees, criminal facilitation of terrorism and conspiracy to commit terrorism; geographical jurisdiction of offenses, special aircraft jurisdiction of the state; search warrant of a foreign electronic communications service or a foreign remote computing service; liability of providers; roving interceptions.

S5361 (ACTIVE) - Sponsor Memo

S5361 (ACTIVE) - Bill Text download pdf

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


                       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


  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.


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