STATE OF NEW YORK ________________________________________________________________________ 8168--A IN SENATE January 10, 2024 ___________ 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 -- committee discharged, bill amended, 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- 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- 24 sion of homeland security and emergency services, or their respective EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13153-06-4S. 8168--A 2 1 designees, shall be ex officio non-voting members of the commission. If 2 a vacancy occurs in the membership of the commission, it shall be filled 3 by appointment by the respective appointing officer. 4 (c) The commissioner shall consult with the commissioner of the divi- 5 sion of homeland security and emergency services, the county health 6 commissioners, the New York city commissioner of health and mental 7 hygiene, the local health officers, and the deans of the schools of 8 public health in the state, to solicit recommendations (which may 9 include themselves) for appointment to the commission. The commissioner 10 shall advise the governor, the temporary president of the senate, the 11 speaker of the assembly, the senate minority leader and the assembly 12 minority leader of the recommendations the commissioner receives pursu- 13 ant to this paragraph. 14 (d) A majority of the members appointed to the commission shall 15 constitute a quorum to hold a meeting and to conduct official business. 16 The commission shall act by the majority vote of the members appointed 17 to the commission. 18 (e) All members of the commission shall be selected by the appointing 19 officials based on the member's expertise and experience in relevant 20 fields such as health care, public health, emergency procurement, emer- 21 gency management, labor and business. At least one member shall have 22 expertise or experience in addressing the health care needs of under- 23 served communities disproportionately affected by COVID-19. 24 (f) Members of the commission shall receive no compensation for their 25 services, but shall be allowed their actual and necessary expenses 26 incurred in the performance of their duties under this section. Members 27 of the commission shall not be precluded from holding other state or 28 local government office or employment. 29 (g) The commission may request and shall receive the assistance of any 30 federal, state or local government official or entity in carrying out 31 its functions. The commission may receive financial support for carrying 32 out its functions from any federal, state or non-profit entity. 33 2. (a) The commission shall study the response to the COVID-19 pandem- 34 ic by state and local governments, public entities, health care insti- 35 tutions and providers, educational institutions, other institutions and 36 entities, and the public, including, but not limited to: hospitals, 37 nursing homes, jails, prisons, other secure facilities, and other 38 congregate care settings; the shutdown and re-openings of educational 39 institutions; policies and practices relating to employers, employees 40 and consumers; relationships among state, federal and local government 41 officials and entities; and effective communication and sharing of data 42 with the public. 43 (b) The commission shall conduct appropriate studies and public hear- 44 ings, including one or more hearings on its preliminary report or 45 reports. 46 (c) The commission shall issue one or more preliminary reports of its 47 findings. The commission shall issue the first preliminary report within 48 one year after its initial meeting. The preliminary report or reports 49 shall be posted on the department's website. 50 (d) The commission shall publish a final report of its findings within 51 eighteen months of its initial meeting, which shall be published on the 52 department's website. 53 (e) The commission's proceedings shall be subject to articles six and 54 seven of the public officers law. 55 (f) The commission shall have the authority to hire employees and 56 execute contracts in exercising its functions.S. 8168--A 3 1 (g) The commission may conduct and solicit research and data-gathering 2 as it deems necessary, consistent with applicable law. 3 (h) For the accomplishment of its purposes, the commission shall have 4 access to state records and documents, including confidential materials, 5 and shall be able to interview witnesses, and issue subpoenas. The 6 commission shall protect the confidentiality of individual patient 7 information. 8 3. The commission shall expire and be deemed repealed sixty days after 9 it issues its final report, provided that the governor, by executive 10 order, may continue the existence of the commission and its functions 11 for one or more fixed periods. If the governor continues the existence 12 of the commission, the commission may issue additional reports. 13 § 3. This act shall take effect immediately and shall expire and be 14 deemed repealed upon the issuance of the commission's final report as 15 required pursuant to subdivision 3 of section 2184 of the public health 16 law, as added by section two of this act; provided, however, that the 17 commissioner of health or the commissioner of the division of homeland 18 security and emergency services shall notify the legislative bill draft- 19 ing commission upon the occurrence of the delivery of the report or the 20 continuance of such commission provided for in subdivision 3 of section 21 2184 of the public health law as added by section two of this act in 22 order that the commission may maintain an accurate and timely effective 23 data base of the official text of the laws of the state of New York in 24 furtherance of effectuating the provisions of section 44 of the legisla- 25 tive law and section 70-b of the public officers law.