S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5926
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               March 4, 2025
                                ___________
 
 Introduced  by Sens. SALAZAR, ADDABBO, FERNANDEZ, GOUNARDES, HOYLMAN-SI-
   GAL, JACKSON, RIVERA, SKOUFIS -- 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;  and  providing  for  the
   repeal of such provisions upon expiration thereof
 
   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.
   (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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03410-01-5
              
             
                          
                 S. 5926                             2
 
 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.
   (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; AND EFFECTIVE COMMUNICATION AND SHARING OF  DATA
 WITH THE PUBLIC.
   (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. 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 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.
 S. 5926                             3
 
   (F)  THE  COMMISSION  SHALL  HAVE  THE AUTHORITY TO HIRE EMPLOYEES AND
 EXECUTE CONTRACTS IN EXERCISING ITS FUNCTIONS.
   (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.