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S05926 Summary:

BILL NOS05926
 
SAME ASSAME AS A02059
 
SPONSORSALAZAR
 
COSPNSRADDABBO, FERNANDEZ, GOUNARDES, HOYLMAN-SIGAL, JACKSON, RAMOS, RIVERA, SKOUFIS
 
MLTSPNSR
 
Amd §2180, add §2184, Pub Health L
 
Establishes the COVID-19 pandemic response study commission to conduct a study of the state's response to the COVID-19 pandemic; provides for the repeal of such commission upon the completion of the commission's final report.
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S05926 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5926
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                      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:
 
     1    Section 1. Section 2180 of the public health law is amended by  adding
     2  two new subdivisions 14 and 15 to read as follows:
     3    14. "COVID-19 pandemic" means the pandemic of COVID-19 beginning in or
     4  about February, two thousand twenty.
     5    15. "Commission" means the COVID-19 pandemic response study commission
     6  established  pursuant  to section twenty-one hundred eighty-four of this
     7  title.
     8    § 2. The public health law is amended by adding a new section 2184  to
     9  read as follows:
    10    §  2184.  COVID-19 pandemic response study commission. 1. (a) There is
    11  hereby established in the department a COVID-19 pandemic response  study
    12  commission to study the state's response to the COVID-19 pandemic.
    13    (b) The commission shall consist of sixteen voting members as follows,
    14  after  receiving the recommendations received by the commissioner pursu-
    15  ant to paragraph (c) of this subdivision: eight shall  be  appointed  by
    16  the  governor,  one  of  whom shall be designated by the governor as the
    17  chair of the commission; three shall be appointed by the temporary pres-
    18  ident of the senate; three shall be appointed  by  the  speaker  of  the
    19  assembly;  one shall be appointed by the senate minority leader; and one
    20  shall be appointed by the assembly minority leader. At least half of the
    21  appointees of each appointing officer,  respectively,  shall  be  chosen
    22  from  the  recommendations of the commissioner pursuant to paragraph (c)
    23  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
 
     1  sion  of  homeland  security and emergency services, or their respective
     2  designees, shall be ex officio non-voting members of the commission.  If
     3  a vacancy occurs in the membership of the commission, it shall be filled
     4  by appointment by the respective appointing officer.
     5    (c)  The commissioner shall consult with the commissioner of the divi-
     6  sion of homeland security and  emergency  services,  the  county  health
     7  commissioners,  the  New  York  city  commissioner  of health and mental
     8  hygiene, the local health officers, and the  deans  of  the  schools  of
     9  public  health  in  the  state,  to  solicit  recommendations (which may
    10  include themselves) for appointment to the commission. The  commissioner
    11  shall  advise  the  governor, the temporary president of the senate, the
    12  speaker of the assembly, the senate minority  leader  and  the  assembly
    13  minority  leader of the recommendations the commissioner receives pursu-
    14  ant to this paragraph.
    15    (d) A majority of  the  members  appointed  to  the  commission  shall
    16  constitute  a quorum to hold a meeting and to conduct official business.
    17  The commission shall act by the majority vote of the  members  appointed
    18  to the commission.
    19    (e)  All members of the commission shall be selected by the appointing
    20  officials based on the member's expertise  and  experience  in  relevant
    21  fields  such as health care, public health, emergency procurement, emer-
    22  gency management, labor and business. At least  one  member  shall  have
    23  expertise  or  experience  in addressing the health care needs of under-
    24  served communities disproportionately affected by COVID-19.
    25    (f) Members of the commission shall receive no compensation for  their
    26  services,  but  shall  be  allowed  their  actual and necessary expenses
    27  incurred in the performance of their duties under this section.  Members
    28  of  the  commission  shall  not be precluded from holding other state or
    29  local government office or employment.
    30    (g) The commission may request and shall receive the assistance of any
    31  federal, state or local government official or entity  in  carrying  out
    32  its functions. The commission may receive financial support for carrying
    33  out its functions from any federal, state or non-profit entity.
    34    2. (a) The commission shall study the response to the COVID-19 pandem-
    35  ic  by  state and local governments, public entities, health care insti-
    36  tutions and providers, educational institutions, other institutions  and
    37  entities,  and  the  public,  including,  but not limited to: hospitals,
    38  nursing homes,  jails,  prisons,  other  secure  facilities,  and  other
    39  congregate  care  settings;  the shutdown and re-openings of educational
    40  institutions; policies and practices relating  to  employers,  employees
    41  and  consumers;  relationships among state, federal and local government
    42  officials and entities; and effective communication and sharing of  data
    43  with the public.
    44    (b)  The commission shall conduct appropriate studies and public hear-
    45  ings, including one or  more  hearings  on  its  preliminary  report  or
    46  reports.
    47    (c)  The commission shall issue one or more preliminary reports of its
    48  findings. The commission shall issue the first preliminary report within
    49  one year after its initial meeting. The preliminary  report  or  reports
    50  shall be posted on the department's website.
    51    (d) The commission shall publish a final report of its findings within
    52  eighteen  months of its initial meeting, which shall be published on the
    53  department's website.
    54    (e) The commission's proceedings shall be subject to articles six  and
    55  seven of the public officers law.

        S. 5926                             3
 
     1    (f)  The  commission  shall  have  the authority to hire employees and
     2  execute contracts in exercising its functions.
     3    (g) The commission may conduct and solicit research and data-gathering
     4  as it deems necessary, consistent with applicable law.
     5    (h)  For the accomplishment of its purposes, the commission shall have
     6  access to state records and documents, including confidential materials,
     7  and shall be able to interview witnesses,  and  issue  subpoenas.    The
     8  commission  shall  protect  the  confidentiality  of  individual patient
     9  information.
    10    3. The commission shall expire and be deemed repealed sixty days after
    11  it issues its final report, provided that  the  governor,  by  executive
    12  order,  may  continue  the existence of the commission and its functions
    13  for one or more fixed periods. If the governor continues  the  existence
    14  of the commission, the commission may issue additional reports.
    15    §  3.  This  act shall take effect immediately and shall expire and be
    16  deemed repealed upon the issuance of the commission's  final  report  as
    17  required  pursuant to subdivision 3 of section 2184 of the public health
    18  law, as added by section two of this act; provided,  however,  that  the
    19  commissioner  of  health or the commissioner of the division of homeland
    20  security and emergency services shall notify the legislative bill draft-
    21  ing commission upon the occurrence of the delivery of the report or  the
    22  continuance  of such commission provided for in subdivision 3 of section
    23  2184 of the public health law as added by section two  of  this  act  in
    24  order  that the commission may maintain an accurate and timely effective
    25  data base of the official text of the laws of the state of New  York  in
    26  furtherance of effectuating the provisions of section 44 of the legisla-
    27  tive law and section 70-b of the public officers law.
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