A06530 Summary:

BILL NOA06530B
 
SAME ASSAME AS S04719-B
 
SPONSORCusick
 
COSPNSRGottfried, Gunther, Colton, Benedetto, Jaffee, Titone, Millman, Cook, Hooper, Jacobs, Rosenthal, Raia, Weprin, Clark
 
MLTSPNSRAbbate, Arroyo, Braunstein, Hikind, Mayer, Mosley, Perry, Schimel, Simanowitz, Sweeney, Weisenberg
 
Amd SS23 & 24, Exec L
 
Requires counties and cities with a population of one million or more to prepare comprehensive emergency management plans.
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A06530 Actions:

BILL NOA06530B
 
04/04/2013referred to governmental operations
01/08/2014referred to governmental operations
03/11/2014amend (t) and recommit to governmental operations
03/11/2014print number 6530a
03/18/2014reported referred to codes
04/07/2014reported referred to ways and means
04/28/2014reported
05/01/2014advanced to third reading cal.605
05/19/2014passed assembly
05/19/2014delivered to senate
05/19/2014REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
05/27/2014recalled from senate
05/27/2014RETURNED TO ASSEMBLY
05/27/2014vote reconsidered - restored to third reading
05/27/2014amended on third reading 6530b
06/11/2014repassed assembly
06/11/2014returned to senate
06/11/2014RECOMMITTED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
06/16/2014SUBSTITUTED FOR S4719B
06/16/20143RD READING CAL.1383
06/16/2014PASSED SENATE
06/16/2014RETURNED TO ASSEMBLY
12/05/2014delivered to governor
12/17/2014vetoed memo.536
12/17/2014tabled
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A06530 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6530B
 
SPONSOR: Cusick
  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 deploy- ment 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 person- nel 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.
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A06530 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6530--B
                                                                Cal. No. 605
 
                               2013-2014 Regular Sessions
 
                   IN ASSEMBLY
 
                                      April 4, 2013
                                       ___________
 
        Introduced  by  M.  of A. CUSICK, GOTTFRIED, GUNTHER, COLTON, BENEDETTO,
          JAFFEE,  TITONE,  MILLMAN,  COOK,  HOOPER,  JACOBS,  ROSENTHAL,  RAIA,
          WEPRIN, CLARK -- Multi-Sponsored by -- M. of A. ABBATE, ARROYO, BRAUN-
          STEIN,  HIKIND,  MAYER,  MOSLEY,  PERRY, SCHIMEL, SIMANOWITZ, SWEENEY,

          WEISENBERG -- read once and referred to the Committee on  Governmental
          Operations  -- recommitted to the Committee on Governmental Operations
          in accordance with Assembly Rule 3, sec. 2  --  committee  discharged,
          bill  amended,  ordered  reprinted  as amended and recommitted to said
          committee -- reported and  referred  to  the  Committee  on  Codes  --
          reported and referred to the Committee on Ways and Means -- ordered to
          a  third  reading  --  passed by Assembly and delivered to the Senate,
          recalled from the Senate, vote  reconsidered,  bill  amended,  ordered
          reprinted, retaining its place on the order of third reading
 
        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:
 
     1    Section  1.  Subdivision  1  of  section  23  of the executive law, as
     2  amended by section 4 of part B of chapter 56 of the  laws  of  2010,  is
     3  amended to read as follows:
     4    1.  Each  county,  except those contained within the city of New York,
     5  and each city with a population of one million or more, shall prepare  a
     6  comprehensive  emergency management plan. Each city with a population of
     7  less than one million, town and  village  is  authorized  to  prepare  a
     8  comprehensive emergency management [plans] plan.  The disaster prepared-
     9  ness  commission shall provide assistance and advice for the development

    10  of such plans. [City] Each city with  a  population  of  less  than  one
    11  million,  town  and  village  [plans] plan shall be coordinated with the
    12  county plan.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10093-07-4

        A. 6530--B                          2
 
     1    § 2. Subdivision 5 of section 23 of the executive law, as  amended  by
     2  section  4  of  part  B of chapter 56 of the laws of 2010, is amended to
     3  read as follows:
     4    5.  In  preparing such plans, cooperation, advice and assistance shall
     5  be sought from local government officials, regional and  local  planning

     6  agencies,  police  agencies,  fire departments and fire companies, local
     7  emergency  management  agencies,  commercial  and  volunteer   ambulance
     8  services,  health  and social services officials, community action agen-
     9  cies, the chief administrator  of  the  courts,  organizations  for  the
    10  elderly and the handicapped, organizations that provide home health care
    11  services,  organizations that provide hospice services, other interested
    12  groups and the  general  public.  Such  advice  and  assistance  may  be
    13  obtained through public hearings held on public notice, or through other
    14  appropriate methods.
    15    §  3.  Subparagraphs  17  and  18  of  paragraph b of subdivision 7 of
    16  section 23 of the executive law, as amended by section 4 of  part  B  of
    17  chapter 56 of the laws of 2010, are amended and a new subparagraph 19 is
    18  added to read as follows:

    19    (17)  continued  operation  of  governments of political subdivisions;
    20  [and]
    21    (18) utilization and coordination of programs  to  assist  individuals
    22  with  household  pets  and  service  animals  following a disaster, with
    23  particular attention to means of evacuation, shelter and  transportation
    24  options[.]; and
    25    (19)  procedures  for  the  deployment  of physicians, nurses, medical
    26  professionals, personnel deployed by  certified  home  health  agencies,
    27  long term home health care programs or licensed home care services agen-
    28  cies governed under article thirty-six of the public health law, person-
    29  nel  deployed  by  hospices  certified  pursuant to article forty of the
    30  public health law or any other  personnel  deemed  necessary,  including

    31  procedures  for  deployment  in  areas  where  access has otherwise been
    32  restricted or subject to curfew in declared emergencies.
    33    § 4. Each county, and each city with a population of  one  million  or
    34  more,  that  on  the  effective  date of this act has already prepared a
    35  comprehensive emergency management plan shall revise such  plan  in  the
    36  event  such  revisions  are needed to comply with the provisions of this
    37  act, and shall submit such revised plan  to  the  disaster  preparedness
    38  commission  on  or before the one hundred eightieth day after the effec-
    39  tive date of this act.
    40    § 5. Paragraph a of subdivision 1 of section 24 of the executive  law,
    41  as  added  by  chapter  640  of  the laws of 1978, is amended to read as
    42  follows:
    43    a. the establishment of a curfew and the prohibition  and  control  of

    44  pedestrian  and  vehicular  traffic, except essential emergency vehicles
    45  and personnel, and except as consistent with a local comprehensive emer-
    46  gency management plan;
    47    § 6. This act shall take effect immediately.
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