senate Bill S4719B

2013-2014 Legislative Session

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

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Sponsored By

Archive: Last Bill Status Via A6530 - Vetoed by Governor


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

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Actions

view actions (25)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Dec 17, 2014 tabled
vetoed memo.536
Dec 05, 2014 delivered to governor
Jun 16, 2014 returned to assembly
passed senate
3rd reading cal.1383
substituted for s4719b
Jun 16, 2014 substituted by a6530b
ordered to third reading cal.1383
committee discharged and committed to rules
Jun 02, 2014 print number 4719b
amend and recommit to finance
May 28, 2014 reported and committed to finance
Mar 12, 2014 print number 4719a
amend (t) and recommit to veterans, homeland security and military affairs
Jan 08, 2014 referred to veterans, homeland security and military affairs
returned to senate
died in assembly
Jun 17, 2013 referred to governmental operations
delivered to assembly
passed senate
ordered to third reading cal.1386
committee discharged and committed to rules
May 30, 2013 reported and committed to finance
Apr 19, 2013 referred to veterans, homeland security and military affairs

Votes

view votes

Jun 16, 2014 - Rules committee Vote

S4719B
21
0
committee
21
Aye
0
Nay
2
Aye with Reservations
0
Absent
2
Excused
0
Abstained
show Rules committee vote details

May 28, 2014 - Veterans, Homeland Security and Military Affairs committee Vote

S4719A
12
0
committee
12
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: May 28, 2014

aye wr (1)

Jun 17, 2013 - Rules committee Vote

S4719
23
0
committee
23
Aye
0
Nay
1
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show committee vote details

May 30, 2013 - Veterans, Homeland Security and Military Affairs committee Vote

S4719
10
0
committee
10
Aye
0
Nay
3
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: May 30, 2013

aye wr (3)

Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

Co-Sponsors

S4719 - Bill Details

See Assembly Version of this Bill:
A6530B
Law Section:
Executive Law
Laws Affected:
Amd §§23 & 24, Exec L

S4719 - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S4719

TITLE OF BILL: An act to amend the executive law, in relation to
essential vehicles and personnel in response to emergencies

PURPOSE OR GENERAL IDEA OF BILL: This bill would amend the executive
law to allow home health aides and hospice caregivers the designation
as "essential personnel" in cases of declared emergencies.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 - gives home health aids and agencies licensed under article
36 of the public health law (home care) the designation as essential
personnel in cases of declared emergencies.

Section 2 - effective date.

JUSTIFICATION: By enacting this legislation, New York State would
ensure that home health and hospice personnel are included in the
"essential personnel" designation in cases of declared 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.

PRIOR LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.

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

                                  4719

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 19, 2013
                               ___________

Introduced  by  Sen.  LANZA  -- 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 essential vehicles and
  personnel in response to emergencies

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

  Section 1. 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, WHICH SHALL INCLUDE PERSONNEL  DEPLOYED  BY  HOME  HEALTH
AGENCIES  LICENSED  OR  CERTIFIED UNDER ARTICLE THIRTY-SIX OF THE PUBLIC
HEALTH LAW, OR BY HOSPICES CERTIFIED UNDER ARTICLE FORTY OF  THE  PUBLIC
HEALTH  LAW,  AND  THEIR  VEHICLES, REQUIRING ACCESS IN ORDER TO PROVIDE
CARE AND TREATMENT TO INDIVIDUALS IN THEIR HOMES OR SHELTERS DURING SUCH
EMERGENCIES;
  S 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10093-02-3

Co-Sponsors

S4719A - Bill Details

See Assembly Version of this Bill:
A6530B
Law Section:
Executive Law
Laws Affected:
Amd §§23 & 24, Exec L

S4719A - Bill Texts

view summary

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

view 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.

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                    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.

Co-Sponsors

S4719B (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A6530B
Law Section:
Executive Law
Laws Affected:
Amd §§23 & 24, Exec L

S4719B (ACTIVE) - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S4719B

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
personnel 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 procedures for
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 full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4719--B

                       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 -- reported favorably from said committee  and  committed  to  the
  Committee  on  Finance  -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10093-08-4

S. 4719--B                          2

agencies,  police  agencies,  fire departments and fire companies, local
emergency  management  agencies,  commercial  and  volunteer   ambulance
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
PROCEDURES FOR 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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