NY State Senate Bill 2023-S8168

Current Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 10, 2024	referred to health

co-Sponsors

2023-S8168 (ACTIVE) - Details

See Assembly Version of this Bill:: A8053
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §2180, add §2184, Pub Health L

2023-S8168 (ACTIVE) - Summary

Establishes the COVID-19 pandemic response study commission to conduct a study of the state's response to the COVID-19 pandemic and to make recommendations on improvements to such response; provides for the repeal of such commission upon the completion of the commission's final report.

2023-S8168 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8168

SPONSOR: SALAZAR
 
TITLE OF BILL:

An act to amend the public health law, in relation to establishing a
COVID-19 pandemic response study commission

 
PURPOSE OR GENERAL IDEA OF BILL:

Establishes a COVID-19 pandemic response study commission.

 
SUMMARY OF PROVISIONS:

Section 1 establishes definitions of "COVID-19 pandemic" and "commis-
sion" in public health law section 2180.

Section 2 amends public health law by adding a new section 2184. It
recognizes that COVID-19 hit New York particularly hard by claiming more
75,000 lives, and that the state has a duty to create a commission to
carefully review the events of the coronavirus pandemic to be able to
provide the best possible public health protection for New Yorkers going

forward. It establishes a pandemic response study commission that will
have sixteen voting members:

*three each appointed by Assembly speaker and Senate majority leader;

*one each appointed by Assembly and Senate minority leaders;

*eight members, including the chair, appointed by the governor, includ-
ing one of whom shall be designated by the governor as the chair of the
commission

The commissioners of the Department of Health and the Department of
Homeland Security and Emergency Services (or their designees) would sit
as non-voting, ex officio members.

Appointees will be selected based on their expertise or experience in
relevant fields, including health care, public health, emergency
procurement, emergency management, labor and business and at least one
member will have particular expertise or experience in addressing the
healthcare needs of the vulnerable communities who were hit hardest by
COVID-19. The commission's proceedings and operations will be subject to
the Open Meetings and Freedom of Information laws.

The commission will have a mandate to:

*Hold initial hearings throughout the state with invited experts and
participants, as well as at least one hearing open to general public
comment;

*Investigate all aspects of the state's pandemic response;

*Issue a draft report of its findings and recommendations;

*Hold hearings on the draft report; and

*Publish a final report, including factual findings and recommended
legislation and policy changes.
The commission will have authority to:

*Hire employees and execute contracts;

*Access state records and documents, including confidential materials;

*Interview witnesses and, where necessary, issue subpoenas;

*Conduct or solicit scientific research.  The legislation calls for
issuance of its draft report within one year and publication of its
final findings and recommendations within 18 months.

Section 3 sets the effective date.

 
JUSTIFICATION:

The COVID-19 pandemic has undeniably been one of the greatest crises to
impact New Yorkers in a generation. To date, almost 80,000 New Yorkers
have lost their lives to the pandemic making it the deadliest disaster
in state history. Given the massive loss of life, the state has an obli-
gation to have an independent commission review what went wrong, why,
and what can be done to prevent it from happening again in the future,
just as the National Transportation Safety Board does after a plane
crash.

The historic moment demands something more - the establishing of a
special commission of outside experts with subpoena powers and independ-
ence, a composition including a broad segment of stakeholders with
public hearings and a requirement to report its findings. This will
allow the commission to be given full access to data and testimony, free
rein to follow the evidence, and a mandate for a report with clear
recommendations to improve future pandemic responses.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None determined.

 
EFFECTIVE DATE:
This act shall take effect immediately and shall expire and be deemed
repealed upon the issuance of the commission's final report as required
pursuant to subdivision 3 of section 2184 of the public health law, as
added by section two of this act; provided, however, that the commis-
sioner of health or the commissioner of the division of homeland 18
security and emergency services shall notify the legislative bill draft-
ing commission upon the occurrence of the delivery of the report or the
continuance of such commission provided for in subdivision 3 of section
2184 of the public health law as added by section two of this act in
order that the commission may maintain an accurate and timely effective
data base of the official text of the laws of the state of New York in
furtherance of effectuating the provisions of section 44 of the legisla-
tive law and section 70-b of the public officers law.

2023-S8168 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8168
 
                             I N  S E N A T E
 
                             January 10, 2024
                                ___________
 
 Introduced  by  Sen. SALAZAR -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law, in  relation  to  establishing  a
   COVID-19 pandemic response study commission
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 2180 of the public health law is amended by  adding
 two new subdivisions 14 and 15 to read as follows:
   14. "COVID-19 PANDEMIC" MEANS THE PANDEMIC OF COVID-19 BEGINNING IN OR
 ABOUT FEBRUARY, TWO THOUSAND TWENTY.
   15. "COMMISSION" MEANS THE COVID-19 PANDEMIC RESPONSE STUDY COMMISSION
 ESTABLISHED  PURSUANT  TO SECTION TWENTY-ONE HUNDRED EIGHTY-FOUR OF THIS
 TITLE.
   § 2. The public health law is amended by adding a new section 2184  to
 read as follows:
   §  2184.  COVID-19 PANDEMIC RESPONSE STUDY COMMISSION. 1. (A) THERE IS
 HEREBY ESTABLISHED IN THE DEPARTMENT A COVID-19 PANDEMIC RESPONSE  STUDY
 COMMISSION TO STUDY THE STATE'S RESPONSE TO THE COVID-19 PANDEMIC AND TO
 MAKE RECOMMENDATIONS.
   (B) THE COMMISSION SHALL CONSIST OF SIXTEEN VOTING MEMBERS AS FOLLOWS,
 AFTER  RECEIVING THE RECOMMENDATIONS RECEIVED BY THE COMMISSIONER PURSU-
 ANT TO PARAGRAPH (C) OF THIS SUBDIVISION: EIGHT SHALL  BE  APPOINTED  BY
 THE  GOVERNOR,  ONE  OF  WHOM SHALL BE DESIGNATED BY THE GOVERNOR AS THE
 CHAIR OF THE COMMISSION; THREE SHALL BE APPOINTED BY THE TEMPORARY PRES-
 IDENT OF THE SENATE; THREE SHALL BE APPOINTED  BY  THE  SPEAKER  OF  THE
 ASSEMBLY;  ONE SHALL BE APPOINTED BY THE SENATE MINORITY LEADER; AND ONE
 SHALL BE APPOINTED BY THE ASSEMBLY MINORITY LEADER. AT LEAST HALF OF THE
 APPOINTEES OF EACH APPOINTING OFFICER,  RESPECTIVELY,  SHALL  BE  CHOSEN
 FROM  THE  RECOMMENDATIONS OF THE COMMISSIONER PURSUANT TO PARAGRAPH (C)
 OF THIS SUBDIVISION. THE COMMISSIONER AND THE COMMISSIONER OF THE  DIVI-
 SION  OF  HOMELAND  SECURITY AND EMERGENCY SERVICES, OR THEIR RESPECTIVE
 DESIGNEES, SHALL BE EX OFFICIO NON-VOTING MEMBERS OF THE COMMISSION.  IF
 A VACANCY OCCURS IN THE MEMBERSHIP OF THE COMMISSION, IT SHALL BE FILLED
 BY APPOINTMENT BY THE RESPECTIVE APPOINTING OFFICER.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13153-03-4
 S. 8168                             2
 
   (C)  THE COMMISSIONER SHALL CONSULT WITH THE COMMISSIONER OF THE DIVI-
 SION OF HOMELAND SECURITY AND  EMERGENCY  SERVICES,  THE  COUNTY  HEALTH
 COMMISSIONERS,  THE  NEW  YORK  CITY  COMMISSIONER  OF HEALTH AND MENTAL
 HYGIENE, THE LOCAL HEALTH OFFICERS, AND THE  DEANS  OF  THE  SCHOOLS  OF
 PUBLIC  HEALTH  IN  THE  STATE,  TO  SOLICIT  RECOMMENDATIONS (WHICH MAY
 INCLUDE THEMSELVES) FOR APPOINTMENT TO THE COMMISSION. THE  COMMISSIONER
 SHALL  ADVISE  THE  GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE
 SPEAKER OF THE ASSEMBLY, THE SENATE MINORITY  LEADER  AND  THE  ASSEMBLY
 MINORITY  LEADER OF THE RECOMMENDATIONS THE COMMISSIONER RECEIVES PURSU-
 ANT TO THIS PARAGRAPH.
   (D) A MAJORITY OF  THE  MEMBERS  APPOINTED  TO  THE  COMMISSION  SHALL
 CONSTITUTE  A QUORUM TO HOLD A MEETING AND TO CONDUCT OFFICIAL BUSINESS.
 THE COMMISSION SHALL ACT BY THE MAJORITY VOTE OF THE  MEMBERS  APPOINTED
 TO THE COMMISSION.
   (E)  ALL MEMBERS OF THE COMMISSION SHALL BE SELECTED BY THE APPOINTING
 OFFICIALS BASED ON THE MEMBER'S EXPERTISE  AND  EXPERIENCE  IN  RELEVANT
 FIELDS  SUCH AS HEALTH CARE, PUBLIC HEALTH, EMERGENCY PROCUREMENT, EMER-
 GENCY MANAGEMENT, LABOR AND BUSINESS. AT LEAST  ONE  MEMBER  SHALL  HAVE
 EXPERTISE  OR  EXPERIENCE  IN ADDRESSING THE HEALTH CARE NEEDS OF UNDER-
 SERVED COMMUNITIES DISPROPORTIONATELY AFFECTED BY COVID-19.
   (F) MEMBERS OF THE COMMISSION SHALL RECEIVE NO COMPENSATION FOR  THEIR
 SERVICES,  BUT  SHALL  BE  ALLOWED  THEIR  ACTUAL AND NECESSARY EXPENSES
 INCURRED IN THE PERFORMANCE OF THEIR DUTIES UNDER THIS SECTION.  MEMBERS
 OF  THE  COMMISSION  SHALL  NOT BE PRECLUDED FROM HOLDING OTHER STATE OR
 LOCAL GOVERNMENT OFFICE OR EMPLOYMENT.
   (G) THE COMMISSION MAY REQUEST AND SHALL RECEIVE THE ASSISTANCE OF ANY
 FEDERAL, STATE OR LOCAL GOVERNMENT OFFICIAL OR ENTITY  IN  CARRYING  OUT
 ITS FUNCTIONS. THE COMMISSION MAY RECEIVE FINANCIAL SUPPORT FOR CARRYING
 OUT ITS FUNCTIONS FROM ANY FEDERAL, STATE OR NON-PROFIT ENTITY.
   2. (A) THE COMMISSION SHALL STUDY THE RESPONSE TO THE COVID-19 PANDEM-
 IC  BY  STATE AND LOCAL GOVERNMENTS, PUBLIC ENTITIES, HEALTH CARE INSTI-
 TUTIONS AND PROVIDERS, EDUCATIONAL INSTITUTIONS, OTHER INSTITUTIONS  AND
 ENTITIES,  AND  THE  PUBLIC,  INCLUDING,  BUT NOT LIMITED TO: HOSPITALS,
 NURSING HOMES,  JAILS,  PRISONS,  OTHER  SECURE  FACILITIES,  AND  OTHER
 CONGREGATE  CARE  SETTINGS;  THE SHUTDOWN AND RE-OPENINGS OF EDUCATIONAL
 INSTITUTIONS; POLICIES AND PRACTICES RELATING  TO  EMPLOYERS,  EMPLOYEES
 AND  CONSUMERS;  RELATIONSHIPS AMONG STATE, FEDERAL AND LOCAL GOVERNMENT
 OFFICIALS AND ENTITIES; EFFECTIVE COMMUNICATION AND SHARING OF DATA WITH
 THE PUBLIC; AND THE POLICIES, STAFFING AND EXPERTISE NEEDED TO PLAN  FOR
 AND RESPOND TO FUTURE PANDEMICS, EPIDEMICS, AND PUBLIC EMERGENCIES.
   (B)  THE COMMISSION SHALL CONDUCT APPROPRIATE STUDIES AND PUBLIC HEAR-
 INGS, INCLUDING ONE OR  MORE  HEARINGS  ON  ITS  PRELIMINARY  REPORT  OR
 REPORTS.
   (C)  THE COMMISSION SHALL ISSUE ONE OR MORE PRELIMINARY REPORTS OF ITS
 FINDINGS AND RECOMMENDATIONS.  THE  COMMISSION  SHALL  ISSUE  THE  FIRST
 PRELIMINARY  REPORT  WITHIN  ONE  YEAR  AFTER  ITS  INITIAL MEETING. THE
 PRELIMINARY REPORT OR  REPORTS  SHALL  BE  POSTED  ON  THE  DEPARTMENT'S
 WEBSITE.
   (D)  THE  COMMISSION  SHALL PUBLISH A FINAL REPORT OF ITS FINDINGS AND
 RECOMMENDATIONS WITHIN EIGHTEEN MONTHS OF  ITS  INITIAL  MEETING,  WHICH
 SHALL BE PUBLISHED ON THE DEPARTMENT'S WEBSITE.
   (E)  THE COMMISSION'S PROCEEDINGS SHALL BE SUBJECT TO ARTICLES SIX AND
 SEVEN OF THE PUBLIC OFFICERS LAW.
   (F) THE COMMISSION SHALL HAVE THE  AUTHORITY  TO  HIRE  EMPLOYEES  AND
 EXECUTE CONTRACTS IN EXERCISING ITS FUNCTIONS.
 S. 8168                             3
 
   (G) THE COMMISSION MAY CONDUCT AND SOLICIT RESEARCH AND DATA-GATHERING
 AS IT DEEMS NECESSARY, CONSISTENT WITH APPLICABLE LAW.
   (H)  FOR THE ACCOMPLISHMENT OF ITS PURPOSES, THE COMMISSION SHALL HAVE
 ACCESS TO STATE RECORDS AND DOCUMENTS, INCLUDING CONFIDENTIAL MATERIALS,
 AND SHALL BE ABLE TO INTERVIEW WITNESSES,  AND  ISSUE  SUBPOENAS.    THE
 COMMISSION  SHALL  PROTECT  THE  CONFIDENTIALITY  OF  INDIVIDUAL PATIENT
 INFORMATION.
   3. THE COMMISSION SHALL EXPIRE AND BE DEEMED REPEALED SIXTY DAYS AFTER
 IT ISSUES ITS FINAL REPORT, PROVIDED THAT  THE  GOVERNOR,  BY  EXECUTIVE
 ORDER,  MAY  CONTINUE  THE EXISTENCE OF THE COMMISSION AND ITS FUNCTIONS
 FOR ONE OR MORE FIXED PERIODS. IF THE GOVERNOR CONTINUES  THE  EXISTENCE
 OF THE COMMISSION, THE COMMISSION MAY ISSUE ADDITIONAL REPORTS.
   §  3.  This  act shall take effect immediately and shall expire and be
 deemed repealed upon the issuance of the commission's  final  report  as
 required  pursuant to subdivision 3 of section 2184 of the public health
 law, as added by section two of this act; provided,  however,  that  the
 commissioner  of  health or the commissioner of the division of homeland
 security and emergency services shall notify the legislative bill draft-
 ing commission upon the occurrence of the delivery of the report or  the
 continuance  of such commission provided for in subdivision 3 of section
 2184 of the public health law as added by section two  of  this  act  in
 order  that the commission may maintain an accurate and timely effective
 data base of the official text of the laws of the state of New  York  in
 furtherance of effectuating the provisions of section 44 of the legisla-
 tive law and section 70-b of the public officers law.

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Senate Bill S8168

Sponsored By

Current Bill Status - In Senate Committee Health Committee

co-Sponsors

2023-S8168 (ACTIVE) - Details

2023-S8168 (ACTIVE) - Summary

2023-S8168 (ACTIVE) - Sponsor Memo

2023-S8168 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8168

Share this bill

Sponsored By

Julia Salazar

Current Bill Status - In Senate Committee Health Committee

co-Sponsors

Joseph P. Addabbo Jr.

Nathalia Fernandez

Andrew Gounardes

Brad Hoylman-Sigal

2023-S8168 (ACTIVE) - Details

2023-S8168 (ACTIVE) - Summary

2023-S8168 (ACTIVE) - Sponsor Memo

2023-S8168 (ACTIVE) - Bill Text download pdf

Comments