assembly Bill A6728

2011-2012 Legislative Session

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

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Archive: Last Bill Status - In Assembly Committee

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

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view actions (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to health
May 24, 2011 held for consideration in health
Mar 25, 2011 referred to health



A6728 (ACTIVE) - Details

Current Committee:
Assembly Health
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 2009-2010 Legislative Session:

A6728 (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.

A6728 (ACTIVE) - Bill Text download pdf

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


                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             March 25, 2011

Introduced by M. of A. TENNEY -- read once and referred to the Committee
  on Health

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
for immediate investigation by granting access  to  individuals'  health

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