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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8053B
SPONSOR: Gonzalez-Rojas TITLE OF BILL:
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
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. 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;
* Hold hearings on the draft report; and
* Publish a final report, including factual findings.
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 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 and why.
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 full factu-
al findings.
PRIOR LEGISLATIVE HISTORY:
2023 - Introduced and reported to Government Operations Committee
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.
STATE OF NEW YORK
________________________________________________________________________
8053--B
2023-2024 Regular Sessions
IN ASSEMBLY
September 27, 2023
___________
Introduced by M. of A. GONZALEZ-ROJAS, PAULIN, HEVESI, LEVENBERG, SIMON,
DAVILA, SILLITTI, JENSEN, MAHER, K. BROWN, KIM, GALLAGHER, WEPRIN,
BRABENEC, RAGA, EPSTEIN, SHRESTHA, FORREST, SIMONE -- 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 -- again
reported from said committee with amendments, ordered reprinted as
amended and recommitted to said committee
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-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13153-07-4
A. 8053--B 2
1 ident of the senate; three shall be appointed by the speaker of the
2 assembly; one shall be appointed by the senate minority leader; and one
3 shall be appointed by the assembly minority leader. At least half of the
4 appointees of each appointing officer, respectively, shall be chosen
5 from the recommendations of the commissioner pursuant to paragraph (c)
6 of this subdivision. The commissioner and the commissioner of the divi-
7 sion of homeland security and emergency services, or their respective
8 designees, shall be ex officio non-voting members of the commission. If
9 a vacancy occurs in the membership of the commission, it shall be filled
10 by appointment by the respective appointing officer.
11 (c) The commissioner shall consult with the commissioner of the divi-
12 sion of homeland security and emergency services, the county health
13 commissioners, the New York city commissioner of health and mental
14 hygiene, the local health officers, and the deans of the schools of
15 public health in the state, to solicit recommendations (which may
16 include themselves) for appointment to the commission. The commissioner
17 shall advise the governor, the temporary president of the senate, the
18 speaker of the assembly, the senate minority leader and the assembly
19 minority leader of the recommendations the commissioner receives pursu-
20 ant to this paragraph.
21 (d) A majority of the members appointed to the commission shall
22 constitute a quorum to hold a meeting and to conduct official business.
23 The commission shall act by the majority vote of the members appointed
24 to the commission.
25 (e) All members of the commission shall be selected by the appointing
26 officials based on the member's expertise and experience in relevant
27 fields such as health care, public health, emergency procurement, emer-
28 gency management, labor and business. At least one member shall have
29 expertise or experience in addressing the health care needs of under-
30 served communities disproportionately affected by COVID-19.
31 (f) Members of the commission shall receive no compensation for their
32 services, but shall be allowed their actual and necessary expenses
33 incurred in the performance of their duties under this section. Members
34 of the commission shall not be precluded from holding other state or
35 local government office or employment.
36 (g) The commission may request and shall receive the assistance of any
37 federal, state or local government official or entity in carrying out
38 its functions. The commission may receive financial support for carrying
39 out its functions from any federal, state or non-profit entity.
40 2. (a) The commission shall study the response to the COVID-19 pandem-
41 ic by state and local governments, public entities, health care insti-
42 tutions and providers, educational institutions, other institutions and
43 entities, and the public, including, but not limited to: hospitals,
44 nursing homes, jails, prisons, other secure facilities, and other
45 congregate care settings; the shutdown and re-openings of educational
46 institutions; policies and practices relating to employers, employees
47 and consumers; relationships among state, federal and local government
48 officials and entities; and effective communication and sharing of data
49 with the public.
50 (b) The commission shall conduct appropriate studies and public hear-
51 ings, including one or more hearings on its preliminary report or
52 reports.
53 (c) The commission shall issue one or more preliminary reports of its
54 findings. The commission shall issue the first preliminary report within
55 one year after its initial meeting. The preliminary report or reports
56 shall be posted on the department's website.
A. 8053--B 3
1 (d) The commission shall publish a final report of its findings within
2 eighteen months of its initial meeting, which shall be published on the
3 department's website.
4 (e) The commission's proceedings shall be subject to articles six and
5 seven of the public officers law.
6 (f) The commission shall have the authority to hire employees and
7 execute contracts in exercising its functions.
8 (g) The commission may conduct and solicit research and data-gathering
9 as it deems necessary, consistent with applicable law.
10 (h) For the accomplishment of its purposes, the commission shall have
11 access to state records and documents, including confidential materials,
12 and shall be able to interview witnesses, and issue subpoenas. The
13 commission shall protect the confidentiality of individual patient
14 information.
15 3. The commission shall expire and be deemed repealed sixty days after
16 it issues its final report, provided that the governor, by executive
17 order, may continue the existence of the commission and its functions
18 for one or more fixed periods. If the governor continues the existence
19 of the commission, the commission may issue additional reports.
20 § 3. This act shall take effect immediately and shall expire and be
21 deemed repealed upon the issuance of the commission's final report as
22 required pursuant to subdivision 3 of section 2184 of the public health
23 law, as added by section two of this act; provided, however, that the
24 commissioner of health or the commissioner of the division of homeland
25 security and emergency services shall notify the legislative bill draft-
26 ing commission upon the occurrence of the delivery of the report or the
27 continuance of such commission provided for in subdivision 3 of section
28 2184 of the public health law as added by section two of this act in
29 order that the commission may maintain an accurate and timely effective
30 data base of the official text of the laws of the state of New York in
31 furtherance of effectuating the provisions of section 44 of the legisla-
32 tive law and section 70-b of the public officers law.
