Senate Bill S7354

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

                                  7354

                            I N  S E N A T E

                             April 20, 2016
                               ___________

Introduced  by  Sen.  CROCI  -- 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 establishing  a  daily
  terror threat briefing to the governor

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

  Section 1. The executive law is amended by adding a new section  711-b
to read as follows:
   S  711-B. DAILY THREAT BRIEFING.  1. THE COMMISSIONER OF THE DIVISION
OF HOMELAND SECURITY AND EMERGENCY SERVICES, TOGETHER  WITH  THE  SUPER-
INTENDENT  OF STATE POLICE, SHALL DELIVER A DAILY TERROR THREAT BRIEFING
TO THE GOVERNOR. THE DAILY TERROR THREAT BRIEFING SHALL PROVIDE INFORMA-
TION INCLUDING, BUT NOT LIMITED TO:
  (A) THE STATE'S CURRENT THREAT LEVEL;
  (B) IMMINENT THREATS TO NEW YORK STATE;
  (C) IDENTIFICATION OF POTENTIAL INADEQUACIES IN THE STATE'S  POLICIES,
PROTOCOLS, AND STRATEGIES TO DETECT, RESPOND TO AND RECOVER FROM TERROR-
IST ACTS OR THREATS AND OTHER NATURAL AND MAN-MADE DISASTERS;
  (D)  THE  RESULTS  OF  ANY  AND ALL DRILLS AND SIMULATIONS DESIGNED TO
ASSESS AND PREPARE RESPONSES TO TERRORIST ACTS;
  (E) ANY AND ALL INFORMATION SHARING AMONG LOCAL, STATE AND FEDERAL LAW
ENFORCEMENT AGENCIES WHICH HAS ASSISTED IN THE EARLY  IDENTIFICATION  OF
AND RESPONSE TO POTENTIAL TERRORIST ACTIVITIES;
  (F)  ANY  INADEQUACIES  OF  STATE  AND  LOCAL PUBLIC HEALTH SYSTEMS TO
RESPOND TO TERRORIST ACTS INCLUDING THE AVAILABILITY  OF  EARLY  WARNING
SYSTEMS  DESIGNED  TO  DETECT POTENTIAL THREATS AND DETERMINING ADEQUACY
AND AVAILABILITY OF NECESSARY VACCINES AND PHARMACEUTICALS AND  HOSPITAL
CAPACITY;
  (G) ANY INADEQUACIES IN THE TRAINING OF FIRST RESPONDERS OR THE EQUIP-
MENT  UTILIZED  BY FIRST RESPONDERS THAT MAY BE USED TO MONITOR, DETECT,
RESPOND TO AND MITIGATE THE  CONSEQUENCES  OF  A  POTENTIAL  BIOLOGICAL,
CHEMICAL OR RADIOLOGICAL TERRORIST ACT OR THREAT;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14879-01-6
              

S. 7354                             2

  (H) ANY ASSESSMENTS ON THE VULNERABILITY OF CRITICAL INFRASTRUCTURE TO
TERRORIST ATTACKS OR BIOTERRORISM;
  (I)  THE STATUS OF ANY AND ALL COORDINATION OF STATE RESOURCES FOR THE
COLLECTION AND ANALYSIS OF INFORMATION RELATING TO TERRORIST THREATS AND
TERRORIST ACTIVITIES;
  (J) THE STATE'S CURRENT THREAT POSTURE AND COLLABORATIVE EFFORTS AMONG
LOCALITIES, REGIONS AND WITH OTHER STATES  TO  PREPARE  FOR  AND  DEFEND
AGAINST ACTS OF TERRORISM;
  (K)  ANY  CHANGES  TO  PLANS THAT HAVE BEEN DEVELOPED TO PROMOTE RAPID
RECOVERY FROM TERRORIST ATTACKS;
  (L) ANY CHANGES TO PLANS DEVELOPED  FOR  PURPOSES  OF  CONTAINING  AND
REMOVING HAZARDOUS MATERIALS USED IN A TERRORIST ATTACK;
  (M) ANY CHANGES TO PLANS DEVELOPED FOR PURPOSES OF PROTECTING CRITICAL
INFRASTRUCTURE; AND
  (N)  THE  STATUS OF ANY CYBER THREATS OR ATTACKS BEING INVESTIGATED BY
THE DIVISION.
  2. IN THE EVENT THAT THE GOVERNOR IS UNABLE TO RECEIVE  HIS/HER  DAILY
TERROR THREAT BRIEFING BY NINE A.M., THE COMMISSIONER OF THE DIVISION OF
HOMELAND  SECURITY AND EMERGENCY SERVICES, TOGETHER WITH THE SUPERINTEN-
DENT OF STATE POLICE, SHALL DELIVER THE BRIEFING TO THE TEMPORARY PRESI-
DENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY.
  S 2. The executive law is amended by adding a  new  section  223-a  to
read as follows:
  S  223-A.  DAILY  THREAT BRIEFING. 1. THE SUPERINTENDENT TOGETHER WITH
THE COMMISSIONER OF THE DIVISION  OF  HOMELAND  SECURITY  AND  EMERGENCY
SERVICES,  SHALL DELIVER A DAILY TERROR THREAT BRIEFING TO THE GOVERNOR.
THE DAILY BRIEFING SHALL PROVIDE INFORMATION INCLUDING, BUT NOT  LIMITED
TO:
  (A) THE STATE'S CURRENT THREAT LEVEL;
  (B) IMMINENT THREATS TO NEW YORK STATE;
  (C)  IDENTIFICATION OF POTENTIAL INADEQUACIES IN THE STATE'S POLICIES,
PROTOCOLS, AND STRATEGIES TO DETECT, RESPOND TO AND RECOVER FROM TERROR-
IST ACTS OR THREATS AND OTHER NATURAL AND MAN-MADE DISASTERS;
  (D) THE RESULTS OF ANY AND ALL  DRILLS  AND  SIMULATIONS  DESIGNED  TO
ASSESS AND PREPARE RESPONSES TO TERRORIST ACTS;
  (E) ANY AND ALL INFORMATION SHARING AMONG LOCAL, STATE AND FEDERAL LAW
ENFORCEMENT  AGENCIES  WHICH HAS ASSISTED IN THE EARLY IDENTIFICATION OF
AND RESPONSE TO POTENTIAL TERRORIST ACTIVITIES;
  (F) ANY INADEQUACIES OF STATE  AND  LOCAL  PUBLIC  HEALTH  SYSTEMS  TO
RESPOND  TO  TERRORIST  ACTS INCLUDING THE AVAILABILITY OF EARLY WARNING
SYSTEMS DESIGNED TO DETECT POTENTIAL THREATS  AND  DETERMINING  ADEQUACY
AND  AVAILABILITY OF NECESSARY VACCINES AND PHARMACEUTICALS AND HOSPITAL
CAPACITY;
  (G) ANY INADEQUACIES IN THE TRAINING OF FIRST RESPONDERS OR THE EQUIP-
MENT UTILIZED BY FIRST RESPONDERS THAT MAY BE USED TO  MONITOR,  DETECT,
RESPOND  TO  AND  MITIGATE  THE  CONSEQUENCES OF A POTENTIAL BIOLOGICAL,
CHEMICAL OR RADIOLOGICAL TERRORIST ACT OR THREAT;
  (H) ANY ASSESSMENTS ON THE VULNERABILITY OF CRITICAL INFRASTRUCTURE TO
TERRORIST ATTACKS OR BIOTERRORISM;
  (I) THE STATUS OF ANY AND ALL COORDINATION OF STATE RESOURCES FOR  THE
COLLECTION AND ANALYSIS OF INFORMATION RELATING TO TERRORIST THREATS AND
TERRORIST ACTIVITIES;
  (J) THE STATE'S CURRENT THREAT POSTURE AND COLLABORATIVE EFFORTS AMONG
LOCALITIES,  REGIONS  AND  WITH  OTHER  STATES TO PREPARE FOR AND DEFEND
AGAINST ACTS OF TERRORISM;

S. 7354                             3

  (K) ANY CHANGES TO PLANS THAT HAVE BEEN  DEVELOPED  TO  PROMOTE  RAPID
RECOVERY FROM TERRORIST ATTACKS;
  (L)  ANY  CHANGES  TO  PLANS  DEVELOPED FOR PURPOSES OF CONTAINING AND
REMOVING HAZARDOUS MATERIALS USED IN A TERRORIST ATTACK;
  (M) ANY CHANGES TO PLANS DEVELOPED FOR PURPOSES OF PROTECTING CRITICAL
INFRASTRUCTURE; AND
  (N) THE STATUS ON ANY CYBER THREATS OR ATTACKS BEING  INVESTIGATED  BY
THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES.
  2.  IN  THE EVENT THAT THE GOVERNOR IS UNABLE TO RECEIVE HIS/HER DAILY
TERROR THREAT BRIEFING BY NINE A.M., THE SUPERINTENDENT,  TOGETHER  WITH
THE  COMMISSIONER  OF  THE  DIVISION  OF HOMELAND SECURITY AND EMERGENCY
SERVICES, SHALL DELIVER THE BRIEFING TO THE TEMPORARY PRESIDENT  OF  THE
SENATE AND THE SPEAKER OF THE ASSEMBLY.
  S  3.  This act shall take effect one day after it shall have become a
law.