Bill Text: NY S05361 | 2009-2010 | General Assembly | Introduced
Bill Title: Creates the state emergency health powers act; establishes measures to detect and track potential and existing public health emergencies and measures to declare a state of public emergency; authorizes special powers during a state of public emergency for the control of property and the control of persons; and further establishes procedures for dissemination of information to the public; enacts legislation relating to terrorism; including the crimes of agricultural adulteration in the first and second degrees, cyber-terrorism, hazardous use of a laser pointer, structuring in the first and second degrees, criminal facilitation of terrorism and conspiracy to commit terrorism; geographical jurisdiction of offenses, special aircraft jurisdiction of the state; search warrant of a foreign electronic communications service or a foreign remote computing service; liability of providers; roving interceptions.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-01-06 - REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS [S05361 Detail]
Download: New_York-2009-S05361-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 5361 2009-2010 Regular Sessions I N S E N A T E April 27, 2009 ___________ Introduced by Sen. VOLKER -- read twice and ordered printed, and when printed to be committed to the Committee on Veterans, Homeland Securi- ty and Military Affairs AN ACT to amend the executive law, in relation to planning for and declaring a state of public health emergency; to amend the public health law, in relation to enacting the state emergency health powers act; to amend the penal law, the criminal procedure law, the civil practice law and rules, the tax law and the executive law, in relation to acts of terrorism; and providing for the repeal of certain 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. Legislative intent. In the wake of the tragic events of 2 September 11, 2001, our nation realizes that the government's foremost 3 responsibility is to protect the health, safety and well being of its 4 citizens. New and emerging dangers, including emergent and resurgent 5 infectious diseases and incidents of civilian mass casualties, pose 6 serious and immediate threats to the population. A renewed focus on the 7 prevention, detection, management and containment of public health emer- 8 gencies is thus called for. 9 Emergency health threats, including those caused by bioterrorism and 10 epidemics, require the exercise of essential government functions. 11 Because each state is responsible for safeguarding the health, security 12 and well being of its people, the state and local governments must be 13 able to respond, rapidly and effectively, to public health emergencies. 14 The state emergency health powers act therefore grants specific emergen- 15 cy powers to the governor and public health authorities. 16 This act requires the development of a comprehensive plan to provide a 17 coordinated, appropriate response in the event of a public health emer- 18 gency. It facilitates the early detection of a health emergency by 19 authorizing the reporting and collection of data and records, and allows EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09366-01-9 S. 5361 2 1 for immediate investigation by granting access to individuals' health 2 information under specified circumstances. During a public health emer- 3 gency, state and local officials are authorized to use and appropriate 4 property as necessary for the care, treatment and housing of patients, 5 and to destroy contaminated facilities or materials. They are also 6 empowered to provide care, testing and treatment, and vaccination to 7 persons who are ill or who have been exposed to a contagious disease, 8 and to separate affected individuals from the population at large to 9 interrupt disease transmission. 10 At the same time, this act recognizes that the state's ability to 11 respond to a public health emergency must respect the dignity and rights 12 of persons. The exercise of emergency health powers is designed to 13 promote the common good. Emergency powers must be grounded in a thorough 14 scientific understanding of public health threats and disease trans- 15 mission. Guided by principles of justice, state and local governments 16 have a duty to act with fairness and tolerance towards individuals and 17 groups. This act thus provides that, in the event of the exercise of 18 emergency powers, the civil rights, liberties and needs of infected or 19 exposed persons will be protected to the fullest extent possible 20 consistent with the primary goal of controlling serious health threats. 21 Public health laws and our courts have traditionally balanced the 22 common good with individual civil liberties. As Justice Harlan wrote in 23 the seminal United States Supreme Court case of JACOBSON V. MASSACHU- 24 SETTS, "the whole people covenants with each citizen, and each citizen 25 with the whole people, that all shall be governed by certain laws for 26 the 'common good'". The provisions of this act strike such a balance. It 27 provides state and local officials with the ability to prevent, detect, 28 manage and contain emergency health threats without unduly interfering 29 with civil rights and liberties. This act ensures a strong, effective 30 and timely response to public health emergencies, while fostering 31 respect for individuals from all groups and backgrounds. 32 Although modernizing the public health law is an important part of 33 protecting the population during public health emergencies, the public 34 health system itself needs improvement. Preparing for a public health 35 emergency requires a well trained public health workforce, efficient 36 data systems, and sufficient laboratory capacity. 37 S 2. The executive law is amended by adding two new sections 29-h and 38 29-i to read as follows: 39 S 29-H. PLANNING FOR A PUBLIC HEALTH EMERGENCY. 1. PUBLIC HEALTH EMER- 40 GENCY PLANNING COMMISSION. THE GOVERNOR, WITHIN THIRTY DAYS OF THE 41 EFFECTIVE DATE OF THIS SECTION, SHALL ESTABLISH THE PUBLIC HEALTH EMER- 42 GENCY PLANNING COMMISSION. SUCH COMMISSION SHALL CONSIST OF ELEVEN 43 MEMBERS AND BE COMPOSED OF: THE DIRECTOR OF THE STATE EMERGENCY MANAGE- 44 MENT OFFICE; THE CHIEF ADMINISTRATIVE JUDGE OF THE COURTS, OR HIS OR HER 45 DESIGNEE; THE COMMISSIONER OF MENTAL HEALTH; THE SUPERINTENDENT OF STATE 46 POLICE, OR HIS OR HER DESIGNEE; THREE PHYSICIANS WITH EXTENSIVE KNOW- 47 LEDGE OF THE TREATMENT, PATHOGENESIS, AND EPIDEMIOLOGY OF INFECTIOUS 48 DISEASES; TWO INDIVIDUALS WHO ARE LICENSED TO PRACTICE LAW IN THE STATE 49 OF NEW YORK; AND TWO EXPERTS IN THE STRUCTURE AND FUNCTION OF THE HEALTH 50 CARE SYSTEM. IN ADDITION, THE CHAIR OF THE PUBLIC HEALTH EMERGENCY PLAN- 51 NING COMMISSION SHALL BE THE COMMISSIONER OF HEALTH. THE MEMBERS OF THE 52 PUBLIC HEALTH EMERGENCY PLANNING COMMISSION SHALL RECEIVE NO COMPEN- 53 SATION FOR THEIR SERVICES, BUT SHALL BE ALLOWED THEIR ACTUAL AND NECES- 54 SARY EXPENSES INCURRED IN THEIR DUTIES. 55 2. PUBLIC HEALTH EMERGENCY PLAN. (A) CONTENT. THE PUBLIC HEALTH EMER- 56 GENCY PLANNING COMMISSION SHALL WITHIN SIX MONTHS OF ITS APPOINTMENT S. 5361 3 1 DELIVER TO THE GOVERNOR, THE LEGISLATURE AND THE GENERAL PUBLIC A PLAN 2 FOR RESPONDING TO A PUBLIC HEALTH EMERGENCY, WHICH SHALL INCLUDE GUIDE- 3 LINES FOR: 4 (1) NOTIFYING AND COMMUNICATING WITH THE POPULATION DURING A STATE OF 5 PUBLIC HEALTH EMERGENCY PURSUANT TO ARTICLE TEN OF THE PUBLIC HEALTH 6 LAW; 7 (2) CENTRAL COORDINATION OF RESOURCES, MANPOWER AND SERVICES, INCLUD- 8 ING THE COORDINATION OF RESPONSES OF FEDERAL, STATE, MUNICIPAL AND 9 TRIBAL AGENCIES; 10 (3) THE LOCATION, PROCUREMENT, STORAGE, TRANSPORTATION, MAINTENANCE 11 AND DISTRIBUTION OF ESSENTIAL MATERIALS INCLUDING, BUT NOT LIMITED TO, 12 MEDICAL SUPPLIES, DRUGS, VACCINES, FOOD, SHELTER, CLOTHING AND BEDS; 13 (4) THE CONTINUED, EFFECTIVE OPERATION OF THE UNIFIED COURT SYSTEM 14 INCLUDING, IF DEEMED NECESSARY, THE IDENTIFICATION AND TRAINING OF 15 PERSONNEL TO SERVE AS EMERGENCY JUDGES REGARDING MATTERS OF ISOLATION 16 AND QUARANTINE; 17 (5) THE METHODS OF EVACUATING POPULATIONS, AND HOUSING AND FEEDING 18 SUCH EVACUATED POPULATIONS; 19 (6) THE IDENTIFICATION AND TRAINING OF HEALTH CARE PROVIDERS TO DIAG- 20 NOSE AND TREAT PERSONS WITH INFECTIOUS DISEASES; 21 (7) THE VACCINATION OF PERSONS; 22 (8) THE TREATMENT OF PERSONS WHO HAVE BEEN EXPOSED TO OR ARE INFECTED 23 WITH DISEASES OR HEALTH CONDITIONS THAT MAY BE THE CAUSE OF A PUBLIC 24 HEALTH EMERGENCY; 25 (9) THE SAFE DISPOSAL OF INFECTIOUS WASTES AND HUMAN REMAINS; 26 (10) THE SAFE AND EFFECTIVE CONTROL OF PERSONS ISOLATED, QUARANTINED, 27 VACCINATED, TESTED OR TREATED DURING A STATE OF PUBLIC HEALTH EMERGENCY; 28 (11) TRACKING THE SOURCES AND OUTCOMES OF INFECTED PERSONS; 29 (12) ENSURING THAT EACH MUNICIPALITY IDENTIFIES: 30 (I) SITES WHERE PERSONS CAN BE ISOLATED OR QUARANTINED PURSUANT TO 31 ARTICLE TEN OF THE PUBLIC HEALTH LAW, 32 (II) SITES WHERE MEDICAL SUPPLIES, FOOD AND OTHER ESSENTIAL MATERIALS 33 CAN BE DISTRIBUTED TO THE POPULATION, 34 (III) SITES WHERE HEALTH AND EMERGENCY WORKERS CAN BE HOUSED AND FED, 35 AND 36 (IV) ROUTES AND MEANS OF TRANSPORTATION OF PEOPLE AND MATERIALS; 37 (13) CULTURAL NORMS, VALUES, RELIGIOUS PRINCIPLES AND TRADITIONS THAT 38 MAY BE RELEVANT; AND 39 (14) ANY OTHER MEASURES NECESSARY TO IMPLEMENT THE PROVISIONS OF ARTI- 40 CLE TEN OF THE PUBLIC HEALTH LAW. 41 (B) DISTRIBUTION. THE PUBLIC HEALTH EMERGENCY PLANNING COMMISSION 42 SHALL DISTRIBUTE THE PUBLIC HEALTH EMERGENCY PLAN TO THOSE WHO WILL BE 43 RESPONSIBLE FOR ITS IMPLEMENTATION, OTHER INTERESTED PERSONS, AND THE 44 PUBLIC, AND SEEK THEIR REVIEW AND COMMENTS. 45 (C) REVIEW. THE PUBLIC HEALTH EMERGENCY PLANNING COMMISSION SHALL 46 ANNUALLY REVIEW THE PUBLIC HEALTH EMERGENCY PLAN. 47 (D) REPORT. EVERY TWO MONTHS THE PUBLIC HEALTH EMERGENCY PLANNING 48 COMMISSION SHALL REPORT TO THE DISASTER PREPAREDNESS COMMISSION. 49 S 29-I. DECLARING A STATE OF PUBLIC HEALTH EMERGENCY. 1. DECLARATION. 50 A STATE OF PUBLIC HEALTH EMERGENCY MAY BE DECLARED BY THE GOVERNOR UPON 51 THE OCCURRENCE OF A "PUBLIC HEALTH EMERGENCY" AS DEFINED IN SUBDIVISION 52 THIRTEEN OF SECTION ONE THOUSAND THREE OF THE PUBLIC HEALTH LAW. PRIOR 53 TO SUCH A DECLARATION, THE GOVERNOR SHALL CONSULT WITH THE PUBLIC HEALTH 54 AUTHORITY AND MAY CONSULT WITH ANY ADDITIONAL PUBLIC AND OTHER EXPERTS 55 AS NEEDED. THE GOVERNOR MAY ACT TO DECLARE A PUBLIC HEALTH EMERGENCY S. 5361 4 1 WITHOUT CONSULTING WITH THE PUBLIC HEALTH AUTHORITY OR OTHER EXPERTS 2 WHEN THE SITUATION CALLS FOR PROMPT AND TIMELY ACTION. 3 2. CONTENT OF DECLARATION. A STATE OF PUBLIC HEALTH EMERGENCY SHALL BE 4 DECLARED BY AN EXECUTIVE ORDER THAT SPECIFIES: 5 (A) THE NATURE OF THE PUBLIC HEALTH EMERGENCY; 6 (B) THE POLITICAL SUBDIVISIONS OR GEOGRAPHIC AREAS SUBJECT TO SUCH 7 DECLARATION; 8 (C) THE CONDITIONS THAT HAVE BROUGHT ABOUT THE PUBLIC HEALTH EMERGEN- 9 CY; 10 (D) THE DURATION OF THE STATE OF PUBLIC HEALTH EMERGENCY, IF LESS THAN 11 THIRTY DAYS; AND 12 (E) THE PRIMARY PUBLIC HEALTH AUTHORITY RESPONDING TO THE EMERGENCY. 13 3. EFFECT OF DECLARATION. THE DECLARATION OF A STATE OF PUBLIC HEALTH 14 EMERGENCY SHALL ACTIVATE THE DISASTER RESPONSE AND RECOVERY ASPECTS OF 15 THE STATE, LOCAL AND INTER-JURISDICTIONAL DISASTER EMERGENCY PLANS IN 16 THE AFFECTED POLITICAL SUBDIVISIONS OR GEOGRAPHIC AREAS. SUCH DECLARA- 17 TION AUTHORIZES THE DEPLOYMENT AND USE OF ANY FORCES TO WHICH THE PLANS 18 APPLY, AND THE USE OR DISTRIBUTION OF ANY SUPPLIES, EQUIPMENT, MATERIALS 19 AND FACILITIES ASSEMBLED, STOCKPILED OR AVAILABLE PURSUANT TO ARTICLE 20 TEN OF THE PUBLIC HEALTH LAW. 21 (A) EMERGENCY POWERS. DURING A STATE OF PUBLIC HEALTH EMERGENCY, THE 22 GOVERNOR MAY: 23 (1) SUSPEND, BY EXECUTIVE ORDER, THE PROVISIONS OF ANY REGULATORY 24 STATUTE PRESCRIBING PROCEDURES FOR CONDUCTING STATE BUSINESS, OR THE 25 ORDERS, RULES AND REGULATIONS OF ANY STATE AGENCY, TO THE EXTENT THAT 26 STRICT COMPLIANCE WITH THE SAME WOULD PREVENT, HINDER OR DELAY NECESSARY 27 ACTION (INCLUDING EMERGENCY PURCHASES) BY THE PUBLIC HEALTH AUTHORITY TO 28 RESPOND TO THE PUBLIC HEALTH EMERGENCY, OR INCREASE THE HEALTH THREAT TO 29 THE POPULATION. THE LEGISLATURE MAY TERMINATE BY CONCURRENT RESOLUTION, 30 EXECUTIVE ORDERS ISSUED UNDER THIS SUBPARAGRAPH. IN ADDITION, A SUSPEN- 31 SION PURSUANT TO THIS SUBPARAGRAPH SHALL BE SUBJECT TO THE FOLLOWING 32 STANDARDS AND LIMITATIONS: 33 (I) NO SUSPENSION MAY BE MADE FOR A PERIOD IN EXCESS OF THIRTY DAYS, 34 PROVIDED, HOWEVER, THAT UPON RECONSIDERATION OF ALL OF THE RELEVANT 35 FACTS AND CIRCUMSTANCES, THE GOVERNOR MAY EXTEND THE SUSPENSION FOR AN 36 ADDITIONAL PERIOD NOT TO EXCEED THIRTY DAYS EACH; 37 (II) NO SUSPENSION SHALL BE MADE WHICH DOES NOT SAFEGUARD THE HEALTH 38 AND WELFARE OF THE PUBLIC AND WHICH IS NOT REASONABLY NECESSARY TO THE 39 RESPONSE TO THE PUBLIC HEALTH EMERGENCY; 40 (III) ANY SUCH SUSPENSION ORDER SHALL SPECIFY THE STATUTE, LOCAL LAW, 41 ORDINANCE, ORDER, RULE OR REGULATION OR PART THEREOF TO BE SUSPENDED AND 42 THE TERMS AND CONDITIONS OF THE SUSPENSION; 43 (IV) THE ORDER MAY PROVIDE FOR SUCH SUSPENSION ONLY UNDER PARTICULAR 44 CIRCUMSTANCES, AND MAY PROVIDE FOR THE ALTERATION OR MODIFICATION OF THE 45 REQUIREMENTS OF SUCH STATUTE, LOCAL LAW, ORDINANCE, ORDER, RULE OR REGU- 46 LATION SUSPENDED, AND MAY INCLUDE OTHER TERMS AND CONDITIONS; 47 (V) ANY SUCH SUSPENSION ORDER SHALL PROVIDE FOR THE MINIMUM DEVIATION 48 FROM THE REQUIREMENTS OF THE STATUTE, LOCAL LAW, ORDINANCE, ORDER, RULE 49 OR REGULATION SUSPENDED CONSISTENT WITH THE DISASTER ACTION DEEMED 50 NECESSARY; 51 (VI) WHEN PRACTICABLE, SPECIALISTS SHALL BE ASSIGNED TO ASSIST WITH 52 THE RELATED EMERGENCY ACTIONS TO AVOID NEEDLESS ADVERSE EFFECTS RESULT- 53 ING FROM SUCH SUSPENSION; AND 54 (VII) SUCH SUSPENSIONS SHALL BE EFFECTIVE FROM THE TIME AND IN THE 55 MANNER PRESCRIBED IN SUCH ORDERS AND SHALL BE PUBLISHED AS SOON AS PRAC- 56 TICABLE IN THE STATE BULLETIN; S. 5361 5 1 (2) UTILIZE ALL AVAILABLE RESOURCES OF THE STATE AND ITS POLITICAL 2 SUBDIVISIONS AS REASONABLY NECESSARY TO RESPOND TO THE PUBLIC HEALTH 3 EMERGENCY; 4 (3) TRANSFER THE DIRECTION, PERSONNEL OR FUNCTIONS OF STATE DEPART- 5 MENTS AND AGENCIES TO PERFORM OR FACILITATE RESPONSE AND RECOVERY 6 PROGRAMS REGARDING THE PUBLIC HEALTH EMERGENCY; 7 (4) MOBILIZE ALL OR ANY PART OF THE ORGANIZED MILITIA INTO SERVICE OF 8 THE STATE. AN ORDER DIRECTING THE ORGANIZED MILITIA TO REPORT FOR ACTIVE 9 DUTY SHALL STATE THE PURPOSE FOR WHICH IT IS MOBILIZED AND THE OBJEC- 10 TIVES TO BE ACCOMPLISHED; 11 (5) PROVIDE AID TO AND SEEK AID FROM OTHER STATES IN ACCORDANCE WITH 12 ANY INTERSTATE EMERGENCY COMPACT MADE WITH THIS STATE; AND 13 (6) SEEK AID FROM THE FEDERAL GOVERNMENT IN ACCORDANCE WITH FEDERAL 14 PROGRAMS OR REQUIREMENTS. 15 (B) COORDINATION. THE PUBLIC HEALTH AUTHORITY SHALL COORDINATE ALL 16 MATTERS PERTAINING TO THE PUBLIC HEALTH EMERGENCY RESPONSE OF THE STATE. 17 THE PUBLIC HEALTH AUTHORITY SHALL HAVE PRIMARY JURISDICTION, RESPONSI- 18 BILITY, AND AUTHORITY FOR: 19 (1) PLANNING AND EXECUTING PUBLIC HEALTH EMERGENCY ASSESSMENT, MITI- 20 GATION, PREPAREDNESS RESPONSE AND RECOVERY FOR THE STATE; 21 (2) COORDINATING PUBLIC HEALTH EMERGENCY RESPONSE BETWEEN STATE AND 22 MUNICIPAL AUTHORITIES; 23 (3) COLLABORATING WITH RELEVANT FEDERAL GOVERNMENT AUTHORITIES, 24 ELECTED OFFICIALS OF OTHER STATES, PRIVATE ORGANIZATIONS OR COMPANIES; 25 (4) COORDINATING RECOVERY OPERATIONS AND MITIGATION INITIATIVES SUBSE- 26 QUENT TO THE PUBLIC HEALTH EMERGENCY; AND 27 (5) ORGANIZING PUBLIC INFORMATION ACTIVITIES REGARDING STATE PUBLIC 28 HEALTH EMERGENCY RESPONSE OPERATIONS. 29 (C) IDENTIFICATION. AFTER THE DECLARATION OF A STATE OF PUBLIC HEALTH 30 EMERGENCY, SPECIAL IDENTIFICATION FOR ALL EMPLOYEES OF THE PUBLIC HEALTH 31 AUTHORITIES WORKING DURING THE EMERGENCY SHALL BE ISSUED AS SOON AS 32 POSSIBLE. THE IDENTIFICATION SHALL INDICATE THE AUTHORITY OF THE BEARER 33 TO EXERCISE PUBLIC HEALTH FUNCTIONS AND EMERGENCY POWERS DURING THE 34 STATE OF PUBLIC HEALTH EMERGENCY. SUCH IDENTIFICATION SHALL BE WORN IN 35 PLAIN VIEW. 36 4. ENFORCEMENT. DURING A STATE OF PUBLIC HEALTH EMERGENCY, THE PUBLIC 37 HEALTH AUTHORITY MAY REQUEST ASSISTANCE IN ENFORCING ORDERS PURSUANT TO 38 ARTICLE TEN OF THE PUBLIC HEALTH LAW FROM THE PUBLIC SAFETY AUTHORITY. 39 THE PUBLIC SAFETY AUTHORITY MAY REQUEST ASSISTANCE FROM THE ORGANIZED 40 MILITIA IN ENFORCING THE ORDERS OF THE PUBLIC HEALTH AUTHORITY. 41 5. TERMINATION OF DECLARATION. (A) EXECUTIVE ORDER. THE GOVERNOR SHALL 42 TERMINATE THE DECLARATION OF A STATE OF PUBLIC HEALTH EMERGENCY BY EXEC- 43 UTIVE ORDER UPON FINDING THAT THE OCCURRENCE OF AN ILLNESS OR HEALTH 44 CONDITION THAT CAUSED THE EMERGENCY NO LONGER POSES A HIGH PROBABILITY 45 OF A LARGE NUMBER OF DEATHS IN THE AFFECTED POPULATION, A LARGE NUMBER 46 OF INCIDENTS OF SERIOUS PERMANENT OR LONG TERM DISABILITY IN THE 47 AFFECTED POPULATION OR A SIGNIFICANT RISK OF SUBSTANTIAL FUTURE HARM TO 48 A LARGE NUMBER OF PEOPLE IN THE AFFECTED POPULATION. 49 (B) AUTOMATIC TERMINATION. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, 50 THE DECLARATION OF A STATE OF PUBLIC HEALTH EMERGENCY SHALL BE TERMI- 51 NATED AUTOMATICALLY AFTER THIRTY DAYS UNLESS RENEWED BY THE GOVERNOR 52 UNDER THE SAME STANDARDS AND PROCEDURES SET FORTH IN THIS SECTION. ANY 53 SUCH RENEWAL SHALL ALSO BE TERMINATED AUTOMATICALLY AFTER THIRTY DAYS 54 UNLESS RENEWED BY THE GOVERNOR UNDER THE SAME STANDARDS AND PROCEDURES 55 SET FORTH IN THIS SECTION. S. 5361 6 1 (C) STATE LEGISLATURE. THE STATE LEGISLATURE, BY MAJORITY VOTE OF THE 2 SENATE AND THE ASSEMBLY, MAY TERMINATE THE DECLARATION OF A STATE OF 3 PUBLIC HEALTH EMERGENCY AT ANY TIME FROM THE DATE OF ORIGINAL DECLARA- 4 TION UPON FINDING THAT THE OCCURRENCE OF AN ILLNESS OR HEALTH CONDITION 5 THAT CAUSED THE EMERGENCY DOES NOT OR NO LONGER POSES A HIGH PROBABILITY 6 OF A LARGE NUMBER OF DEATHS IN THE AFFECTED POPULATION, A LARGE NUMBER 7 OF INCIDENTS OF SERIOUS PERMANENT OR LONG TERM DISABILITY IN THE 8 AFFECTED POPULATION OR A SIGNIFICANT RISK OF SUBSTANTIAL FUTURE HARM TO 9 A LARGE NUMBER OF PEOPLE IN THE AFFECTED POPULATION. SUCH TERMINATION 10 BY THE STATE LEGISLATURE SHALL OVERRIDE ANY RENEWAL BY THE GOVERNOR. 11 (D) CONTENT OF TERMINATION ORDER. ALL ORDERS OR LEGISLATIVE ACTIONS 12 TERMINATING THE DECLARATION OF A STATE OF PUBLIC HEALTH EMERGENCY SHALL 13 INDICATE THE NATURE OF THE EMERGENCY, THE AREA THAT WAS THREATENED, AND 14 THE CONDITIONS THAT MAKE POSSIBLE THE TERMINATION OF THE DECLARATION. 15 S 3. The public health law is amended by adding a new article 10 to 16 read as follows: 17 ARTICLE 10 18 STATE EMERGENCY HEALTH POWERS ACT 19 TITLE I. FINDINGS, PURPOSES AND DEFINITIONS (SS 1000-1003). 20 II. SPECIAL POWERS DURING STATE OF PUBLIC HEALTH EMERGENCY; 21 MANAGEMENT OF PROPERTY (SS 1010-1016). 22 III. SPECIAL POWERS DURING STATE OF PUBLIC HEALTH EMERGENCY; 23 PROTECTION OF PERSONS (SS 1020-1027). 24 IV. PUBLIC INFORMATION REGARDING PUBLIC HEALTH EMERGENCIES (SS 25 1030-1031). 26 V. MISCELLANEOUS (SS 1040-1047). 27 TITLE I 28 FINDINGS, PURPOSES AND DEFINITIONS 29 SECTION 1000. SHORT TITLE. 30 1001. LEGISLATIVE FINDINGS. 31 1002. PURPOSES. 32 1003. DEFINITIONS. 33 S 1000. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS 34 THE "STATE EMERGENCY HEALTH POWERS ACT". 35 S 1001. LEGISLATIVE FINDINGS. THE LEGISLATURE FINDS THAT: 36 1. THE STATE MUST DO MORE TO PROTECT THE HEALTH, SAFETY AND GENERAL 37 WELL BEING OF ITS CITIZENS. 38 2. NEW AND EMERGING DANGERS, INCLUDING EMERGENT AND RESURGENT INFEC- 39 TIOUS DISEASES AND INCIDENTS OF CIVILIAN MASS CASUALTIES, POSE SERIOUS 40 AND IMMEDIATE THREATS. 41 3. A RENEWED FOCUS ON THE PREVENTION, DETECTION, MANAGEMENT AND 42 CONTAINMENT OF PUBLIC HEALTH EMERGENCIES IS NEEDED. 43 4. EMERGENCY HEALTH THREATS, INCLUDING THOSE CAUSED BY BIOTERRORISM 44 MAY REQUIRE THE EXERCISE OF EXTRAORDINARY GOVERNMENT POWERS AND FUNC- 45 TIONS. 46 5. THE STATE MUST HAVE THE ABILITY TO RESPOND, RAPIDLY AND EFFEC- 47 TIVELY, TO POTENTIAL OR ACTUAL PUBLIC HEALTH EMERGENCIES. 48 6. THE EXERCISE OF EMERGENCY HEALTH POWERS MUST PROMOTE THE COMMON 49 GOOD. 50 7. EMERGENCY HEALTH POWERS MUST BE GROUNDED IN A THOROUGH SCIENTIFIC 51 UNDERSTANDING OF PUBLIC HEALTH THREATS AND DISEASE TRANSMISSION. 52 8. GUIDED BY PRINCIPLES OF JUSTICE AND ANTIDISCRIMINATION, IT IS THE 53 DUTY OF THE STATE TO ACT WITH FAIRNESS AND TOLERANCE TOWARDS INDIVIDUALS 54 AND GROUPS. S. 5361 7 1 9. THE RIGHTS OF PEOPLE TO LIBERTY, BODILY INTEGRITY AND PRIVACY MUST 2 BE RESPECTED TO THE FULLEST EXTENT POSSIBLE CONSISTENT WITH MAINTAINING 3 AND PRESERVING THE PUBLIC'S HEALTH AND SECURITY. 4 10. THIS ARTICLE IS NECESSARY TO PROTECT THE HEALTH AND SAFETY OF THE 5 CITIZENS OF THE STATE. 6 S 1002. PURPOSES. THE PURPOSES OF THIS ARTICLE ARE: 7 1. TO REQUIRE THE DEVELOPMENT OF A COMPREHENSIVE PLAN TO PROVIDE FOR A 8 COORDINATED, APPROPRIATE RESPONSE IN THE EVENT OF A PUBLIC HEALTH EMER- 9 GENCY; 10 2. TO AUTHORIZE THE REPORTING AND COLLECTION OF DATA AND RECORDS, THE 11 MANAGEMENT OF PROPERTY, THE PROTECTION OF PERSONS AND ACCESS TO COMMUNI- 12 CATIONS; 13 3. TO FACILITATE THE EARLY DETECTION OF A HEALTH EMERGENCY, AND ALLOW 14 FOR IMMEDIATE INVESTIGATION OF SUCH AN EMERGENCY BY GRANTING ACCESS TO 15 INDIVIDUALS' HEALTH INFORMATION UNDER SPECIFIED CIRCUMSTANCES; 16 4. TO GRANT STATE AND LOCAL OFFICIALS THE AUTHORITY TO USE AND APPRO- 17 PRIATE PROPERTY AS NECESSARY FOR THE CARE, TREATMENT, VACCINATION AND 18 HOUSING OF PATIENTS, AND TO DESTROY CONTAMINATED FACILITIES OR MATERI- 19 ALS; 20 5. TO GRANT STATE AND LOCAL OFFICIALS THE AUTHORITY TO PROVIDE CARE, 21 TREATMENT AND VACCINATION TO PERSONS WHO ARE ILL OR WHO HAVE BEEN 22 EXPOSED TO CONTAGIOUS DISEASES, AND TO SEPARATE AFFECTED INDIVIDUALS 23 FROM THE POPULATION AT LARGE TO INTERRUPT DISEASE TRANSMISSION; 24 6. TO ENSURE THAT THE NEEDS OF INFECTED OR EXPOSED PERSONS ARE PROPER- 25 LY ADDRESSED TO THE FULLEST EXTENT POSSIBLE, GIVEN THE PRIMARY GOAL OF 26 CONTROLLING SERIOUS HEALTH THREATS; AND 27 7. TO PROVIDE STATE AND LOCAL OFFICIALS WITH THE ABILITY TO PREVENT, 28 DETECT, MANAGE AND CONTAIN EMERGENCY HEALTH THREATS WITHOUT UNDULY 29 INTERFERING WITH CIVIL RIGHTS AND LIBERTIES. 30 S 1003. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE: 31 1. "BIOTERRORISM" IS THE INTENTIONAL USE OF ANY MICROORGANISM, VIRUS, 32 INFECTIOUS SUBSTANCE, OR BIOLOGICAL PRODUCT THAT MAY BE ENGINEERED AS A 33 RESULT OF BIOTECHNOLOGY, OR ANY NATURALLY OCCURRING OR BIOENGINEERED 34 COMPONENT OF ANY SUCH MICROORGANISM, VIRUS, INFECTIOUS SUBSTANCE OR 35 BIOLOGICAL PRODUCT, TO CAUSE DEATH, DISEASE OR OTHER BIOLOGICAL MALFUNC- 36 TION IN A HUMAN, AN ANIMAL, A PLANT OR ANOTHER LIVING ORGANISM IN ORDER 37 TO INFLUENCE THE CONDUCT OF GOVERNMENT, OR TO INTIMIDATE OR COERCE A 38 CIVILIAN POPULATION. 39 2. "CHAIN OF CUSTODY" IS THE METHODOLOGY OF TRACKING SPECIMENS FOR THE 40 PURPOSE OF MAINTAINING CONTROL AND ACCOUNTABILITY FROM INITIAL 41 COLLECTION TO FINAL DISPOSITION OF THE SPECIMENS, AND PROVIDING FOR 42 ACCOUNTABILITY AT EACH STAGE OF COLLECTING, HANDLING, TESTING, STORING 43 AND TRANSPORTING THE SPECIMENS AND REPORTING TEST RESULTS. 44 3. "CONTAGIOUS DISEASE" IS AN INFECTIOUS DISEASE THAT CAN BE TRANSMIT- 45 TED FROM PERSON TO PERSON. 46 4. "HEALTH CARE FACILITY" MEANS ANY NON-FEDERAL INSTITUTION, BUILDING 47 OR AGENCY, OR PORTION THEREOF, WHETHER PUBLIC OR PRIVATE (PROFIT OR 48 NOT-FOR-PROFIT) THAT IS USED, OPERATED OR DESIGNED TO PROVIDE HEALTH 49 SERVICES, MEDICAL TREATMENT, OR NURSING, REHABILITATIVE OR PREVENTIVE 50 CARE TO ANY PERSON OR PERSONS. THIS INCLUDES, BUT IS NOT LIMITED TO: 51 AMBULATORY SURGICAL FACILITIES, HEALTH MAINTENANCE ORGANIZATIONS, HOME 52 HEALTH AGENCIES, HOSPICES, HOSPITALS, INFIRMARIES, INTERMEDIATE CARE 53 FACILITIES, KIDNEY TREATMENT CENTERS, LONG TERM CARE FACILITIES, MEDICAL 54 ASSISTANCE FACILITIES, MENTAL HEALTH CENTERS, OUTPATIENT FACILITIES, 55 PUBLIC HEALTH CENTERS, REHABILITATION FACILITIES, RESIDENTIAL TREATMENT 56 FACILITIES, SKILLED NURSING FACILITIES AND ADULT DAYCARE CENTERS. THIS S. 5361 8 1 ALSO INCLUDES, BUT IS NOT LIMITED TO, THE FOLLOWING RELATED PROPERTY 2 WHEN USED FOR OR IN CONNECTION WITH THE FOREGOING: LABORATORIES, 3 RESEARCH FACILITIES, PHARMACIES, LAUNDRY FACILITIES, HEALTH PERSONNEL 4 TRAINING AND LODGING FACILITIES, PATIENT, GUEST AND HEALTH PERSONNEL 5 FOOD SERVICE FACILITIES, AND OFFICES AND OFFICE BUILDINGS FOR PERSONS 6 ENGAGED IN HEALTH CARE PROFESSIONS OR SERVICES. 7 5. "HEALTH CARE PROVIDER" IS ANY PERSON OR ENTITY WHO PROVIDES HEALTH 8 CARE SERVICES INCLUDING, BUT NOT LIMITED TO, HOSPITALS, MEDICAL CLINICS 9 AND OFFICES, SPECIAL CARE FACILITIES, MEDICAL LABORATORIES, PHYSICIANS, 10 PHARMACISTS, DENTISTS, PHYSICIAN ASSISTANTS, NURSE PRACTITIONERS, REGIS- 11 TERED AND OTHER NURSES, PARAMEDICS, EMERGENCY MEDICAL OR LABORATORY 12 TECHNICIANS, AND AMBULANCE AND EMERGENCY MEDICAL WORKERS. 13 6. "INFECTIOUS DISEASE" IS A DISEASE CAUSED BY A LIVING ORGANISM OR 14 OTHER PATHOGEN, INCLUDING A FUNGUS, BACILLUS, PARASITE, PROTOZOAN OR 15 VIRUS. AN INFECTIOUS DISEASE MAY OR MAY NOT BE TRANSMISSIBLE FROM PERSON 16 TO PERSON, ANIMAL TO PERSON OR INSECT TO PERSON. 17 7. "INFECTIOUS WASTE" IS: 18 (A) "BIOLOGICAL WASTE," WHICH INCLUDES BLOOD AND BLOOD PRODUCTS, 19 EXCRETIONS, EXUDATES, SECRETIONS, SUCTIONING AND OTHER BODY FLUIDS, AND 20 WASTE MATERIALS SATURATED WITH BLOOD OR BODY FLUIDS; 21 (B) "CULTURES AND STOCKS," WHICH INCLUDES ETIOLOGIC AGENTS AND ASSOCI- 22 ATED BIOLOGICALS, INCLUDING SPECIMEN CULTURES, AND DISHES AND DEVICES 23 USED TO TRANSFER, INOCULATE AND MIX CULTURES, WASTES FROM PRODUCTION OF 24 BIOLOGICALS AND SERUMS, AND DISCARDED LIVE AND ATTENUATED VACCINES; 25 (C) "PATHOLOGICAL WASTE," WHICH INCLUDES BIOPSY MATERIALS AND ALL 26 HUMAN TISSUES, ANATOMICAL PARTS THAT EMANATE FROM SURGERY, OBSTETRICAL 27 PROCEDURES, NECROPSY, AUTOPSY AND LABORATORY PROCEDURES, AND ANIMAL 28 CARCASSES EXPOSED TO PATHOGENS IN RESEARCH AND THE BEDDING AND OTHER 29 WASTE FROM SUCH ANIMALS, BUT DOES NOT INCLUDE TEETH OR FORMALDEHYDE OR 30 OTHER PRESERVATIVE AGENTS; AND 31 (D) "SHARPS," WHICH INCLUDES NEEDLES, INTRAVENOUS TUBING WITH NEEDLES 32 ATTACHED, SCALPEL BLADES, LANCETS, BREAKABLE GLASS TUBES AND SYRINGES 33 THAT HAVE BEEN REMOVED FROM THEIR ORIGINAL STERILE CONTAINERS. 34 8. "ISOLATION" IS THE PHYSICAL SEPARATION AND CONFINEMENT OF AN INDI- 35 VIDUAL OR GROUPS OF INDIVIDUALS WHO ARE INFECTED OR REASONABLY BELIEVED 36 TO BE INFECTED WITH A CONTAGIOUS DISEASE OR POSSIBLY CONTAGIOUS DISEASE 37 FROM NON-ISOLATED INDIVIDUALS, TO PREVENT OR LIMIT THE TRANSMISSION OF 38 THE DISEASE TO NON-ISOLATED INDIVIDUALS. 39 9. "MENTAL HEALTH SUPPORT PERSONNEL" INCLUDES, BUT IS NOT LIMITED TO, 40 PSYCHIATRISTS, PSYCHOLOGISTS, SOCIAL WORKERS AND VOLUNTEER CRISIS COUN- 41 SELING GROUPS. 42 10. "ORGANIZED MILITIA" IS THE ORGANIZED MILITIA AS CONSTITUTED IN 43 SUBDIVISION ONE OF SECTION TWO OF THE MILITARY LAW. 44 11. "PROTECTED HEALTH INFORMATION" IS ANY INFORMATION, WHETHER ORAL, 45 WRITTEN, ELECTRONIC, VISUAL OR IN ANY OTHER FORM, THAT RELATES TO AN 46 INDIVIDUAL'S PAST, PRESENT OR FUTURE PHYSICAL OR MENTAL HEALTH STATUS, 47 CONDITION, TREATMENT, SERVICE, PRODUCTS PURCHASE OR PROVISION OF CARE, 48 AND THAT REVEALS THE IDENTITY OF THE INDIVIDUAL WHOSE HEALTH CARE IS THE 49 SUBJECT OF THE INFORMATION, OR WHERE THERE IS A REASONABLE BASIS TO 50 BELIEVE SUCH INFORMATION COULD BE UTILIZED (EITHER ALONE OR WITH OTHER 51 INFORMATION THAT IS OR SHOULD REASONABLY BE KNOWN TO BE AVAILABLE TO 52 PREDICTABLE RECIPIENTS OF SUCH INFORMATION) TO REVEAL THE IDENTITY OF 53 THAT INDIVIDUAL. 54 12. "PUBLIC HEALTH AUTHORITY" IS THE DEPARTMENT OR ANY MUNICIPAL AGEN- 55 CY THAT ACTS PRINCIPALLY TO PROTECT AND PRESERVE THE PUBLIC'S HEALTH, OR S. 5361 9 1 ANY OFFICER OR EMPLOYEE OF THE DEPARTMENT OR SUCH AN AGENCY WHEN AUTHOR- 2 IZED BY LAW, RULE OR REGULATION TO ACT. 3 13. "PUBLIC HEALTH EMERGENCY" IS AN OCCURRENCE OR IMMINENT THREAT OF 4 AN ILLNESS OR HEALTH CONDITION THAT IS BELIEVED TO BE CAUSED BY BIOTER- 5 RORISM, AND POSES A HIGH PROBABILITY OF ANY OF THE FOLLOWING HARMS: 6 (A) A LARGE NUMBER OF DEATHS IN THE AFFECTED POPULATION, 7 (B) A LARGE NUMBER OF SERIOUS OR LONG TERM DISABILITIES IN THE 8 AFFECTED POPULATION, OR 9 (C) WIDESPREAD EXPOSURE TO AN INFECTIOUS OR TOXIC AGENT THAT POSES A 10 SIGNIFICANT RISK OF SUBSTANTIAL FUTURE HARM TO A LARGE NUMBER OF PEOPLE 11 IN THE AFFECTED POPULATION. 12 14. "PUBLIC SAFETY AUTHORITY" MEANS THE DIVISION OF STATE POLICE OR 13 ANY MUNICIPAL POLICE OR SHERIFF'S DEPARTMENT, OR ANY POLICE OFFICER OF 14 SUCH DIVISION OR DEPARTMENT WHEN AUTHORIZED BY LAW, RULE OR REGULATION 15 TO ACT. 16 15. "QUARANTINE" IS THE PHYSICAL SEPARATION AND CONFINEMENT OF AN 17 INDIVIDUAL, OR GROUP OR GROUPS OF INDIVIDUALS WHO ARE OR MAY HAVE BEEN 18 EXPOSED TO A CONTAGIOUS OR POSSIBLY CONTAGIOUS DISEASE, AND WHO DO NOT 19 SHOW SIGNS OR SYMPTOMS OF A CONTAGIOUS DISEASE, FROM NON-QUARANTINED 20 INDIVIDUALS TO PREVENT OR LIMIT THE TRANSMISSION OF THE DISEASE TO NON- 21 QUARANTINED INDIVIDUALS. 22 16. "SPECIMENS" INCLUDE, BUT ARE NOT LIMITED TO, BLOOD, SPUTUM, URINE, 23 STOOL, OTHER BODILY FLUIDS, WASTES, TISSUES AND CULTURES NECESSARY TO 24 PERFORM REQUIRED TESTS. 25 17. "TESTS" INCLUDE, BUT ARE NOT LIMITED TO, ANY DIAGNOSTIC OR INVES- 26 TIGATIVE ANALYSES NECESSARY TO PREVENT THE SPREAD OF DISEASE OR PROTECT 27 THE PUBLIC'S HEALTH, SAFETY AND WELFARE. 28 18. "TRIAL COURT" MEANS THE SUPREME COURT HAVING JURISDICTION IN THE 29 COUNTY WHERE AN ACTION IS TO BE TAKEN. 30 TITLE II 31 SPECIAL POWERS DURING STATE OF PUBLIC 32 HEALTH EMERGENCY; MANAGEMENT OF PROPERTY 33 SECTION 1010. EMERGENCY MEASURES CONCERNING FACILITIES AND MATERIALS. 34 1011. ACCESS TO AND CONTROL OF FACILITIES AND PROPERTY; GENERAL- 35 LY. 36 1012. SAFE DISPOSAL OF INFECTIOUS WASTE. 37 1013. SAFE DISPOSAL OF HUMAN REMAINS. 38 1014. CONTROL OF HEALTH CARE SUPPLIES. 39 1015. COMPENSATION. 40 1016. DESTRUCTION OF PROPERTY. 41 S 1010. EMERGENCY MEASURES CONCERNING FACILITIES AND MATERIALS. THE 42 PUBLIC HEALTH AUTHORITY MAY EXERCISE, FOR SUCH PERIOD AS A STATE OF 43 PUBLIC HEALTH EMERGENCY EXISTS, THE FOLLOWING POWERS OVER DANGEROUS 44 FACILITIES AND MATERIALS: 45 1. FACILITIES. TO CLOSE, DIRECT AND COMPEL THE EVACUATION OF, OR TO 46 DECONTAMINATE OR CAUSE TO BE DECONTAMINATED ANY FACILITY FOR WHICH THERE 47 IS REASONABLE CAUSE TO BELIEVE THAT SUCH FACILITY MAY ENDANGER THE 48 PUBLIC HEALTH; AND 49 2. MATERIALS. TO DECONTAMINATE OR CAUSE TO BE DECONTAMINATED, OR 50 DESTROY ANY MATERIAL FOR WHICH THERE IS REASONABLE CAUSE TO BELIEVE THAT 51 SUCH MATERIAL MAY ENDANGER THE PUBLIC HEALTH. 52 S 1011. ACCESS TO AND CONTROL OF FACILITIES AND PROPERTY; GENERALLY. 53 THE PUBLIC HEALTH AUTHORITY MAY EXERCISE, FOR SUCH PERIOD AS THE STATE 54 OF PUBLIC HEALTH EMERGENCY EXISTS, THE FOLLOWING POWERS CONCERNING 55 FACILITIES, MATERIALS, ROADS, OR PUBLIC AREAS: S. 5361 10 1 1. USE OF FACILITIES AND MATERIALS. TO PROCURE, BY CONDEMNATION OR 2 OTHERWISE, CONSTRUCT, LEASE, TRANSPORT, STORE, MAINTAIN, RENOVATE OR 3 DISTRIBUTE SUCH MATERIALS AND FACILITIES AS MAY BE REASONABLE AND NECES- 4 SARY TO RESPOND TO THE PUBLIC HEALTH EMERGENCY, WITH THE RIGHT TO TAKE 5 IMMEDIATE POSSESSION THEREOF. SUCH MATERIALS AND FACILITIES SHALL 6 INCLUDE, BUT ARE NOT LIMITED TO, COMMUNICATION DEVICES, COMMON CARRIERS, 7 REAL ESTATE, FUELS, FOOD AND CLOTHING; 8 2. USE OF HEALTH CARE FACILITIES. TO REQUIRE A HEALTH CARE FACILITY TO 9 PROVIDE SERVICES OR THE USE OF ITS FACILITY IF SUCH SERVICES OR USE ARE 10 REASONABLE AND NECESSARY TO RESPOND TO THE PUBLIC HEALTH EMERGENCY AS A 11 CONDITION OF LICENSURE, AUTHORIZATION OR THE ABILITY TO CONTINUE DOING 12 BUSINESS IN THE STATE AS A HEALTH CARE FACILITY. THE USE OF A HEALTH 13 CARE FACILITY MAY INCLUDE TRANSFERRING THE MANAGEMENT AND SUPERVISION OF 14 THE HEALTH CARE FACILITY TO THE PUBLIC HEALTH AUTHORITY FOR A LIMITED OR 15 UNLIMITED PERIOD OF TIME, BUT SHALL NOT EXCEED THE DECLARATION OF A 16 STATE OF PUBLIC HEALTH EMERGENCY; 17 3. CONTROL OF MATERIALS. TO INSPECT, CONTROL, RESTRICT AND REGULATE BY 18 RATIONING AND USING QUOTAS, PROHIBITIONS ON SHIPMENTS, ALLOCATION OR 19 OTHER MEANS THE USE, SALE, DISPENSING, DISTRIBUTION, OR TRANSPORTATION 20 OF SUCH FOOD, FUEL, CLOTHING AND OTHER COMMODITIES, AS MAY BE REASONABLE 21 AND NECESSARY TO RESPOND TO THE PUBLIC HEALTH EMERGENCY; AND 22 4. CONTROL OF ROADS AND PUBLIC AREAS. (A) TO PRESCRIBE ROUTES, MODES 23 OF TRANSPORTATION AND DESTINATIONS IN CONNECTION WITH EVACUATION OF 24 PERSONS OR THE PROVISION OF EMERGENCY SERVICES, AND 25 (B) TO CONTROL OR LIMIT INGRESS AND EGRESS TO AND FROM ANY STRICKEN OR 26 THREATENED PUBLIC AREA, THE MOVEMENT OF PERSONS WITHIN SUCH AREA, AND 27 THE OCCUPANCY OF PREMISES THEREIN, IF SUCH ACTION IS REASONABLE AND 28 NECESSARY TO RESPOND TO THE PUBLIC HEALTH EMERGENCY. 29 S 1012. SAFE DISPOSAL OF INFECTIOUS WASTE. THE PUBLIC HEALTH AUTHORITY 30 MAY EXERCISE, FOR SUCH PERIOD OF THE STATE OF PUBLIC HEALTH EMERGENCY, 31 THE FOLLOWING POWERS REGARDING THE SAFE DISPOSAL OF INFECTIOUS WASTE: 32 1. ADOPT MEASURES. TO ADOPT AND ENFORCE SUCH MEASURES TO PROVIDE FOR 33 THE SAFE DISPOSAL OF INFECTIOUS WASTE AS MAY BE REASONABLE AND NECESSARY 34 TO RESPOND TO THE PUBLIC HEALTH EMERGENCY. SUCH MEASURES MAY INCLUDE, 35 BUT ARE NOT LIMITED TO, THE COLLECTION, STORAGE, HANDLING, DESTRUCTION, 36 TREATMENT, TRANSPORTATION AND DISPOSAL OF INFECTIOUS WASTE; 37 2. CONTROL OF FACILITIES. TO REQUIRE ANY BUSINESS OR FACILITY AUTHOR- 38 IZED TO COLLECT, STORE, HANDLE, DESTROY, TREAT, TRANSPORT OR DISPOSE OF 39 INFECTIOUS WASTE UNDER THE LAWS OF THIS STATE, AND ANY LANDFILL BUSINESS 40 OR OTHER SUCH PROPERTY, TO ACCEPT INFECTIOUS WASTE, OR PROVIDE SERVICES 41 OR THE USE OF THE BUSINESS, FACILITY OR PROPERTY IF SUCH ACTION IS 42 REASONABLE AND NECESSARY TO RESPOND TO THE PUBLIC HEALTH EMERGENCY AS A 43 CONDITION OF LICENSURE, AUTHORIZATION OR THE ABILITY TO CONTINUE DOING 44 BUSINESS IN THE STATE AS SUCH BUSINESS OR FACILITY. THE USE OF THE 45 BUSINESS, FACILITY OR PROPERTY MAY INCLUDE TRANSFERRING THE MANAGEMENT 46 AND SUPERVISION OF SUCH BUSINESS, FACILITY OR PROPERTY TO THE PUBLIC 47 HEALTH AUTHORITY FOR A LIMITED OR UNLIMITED PERIOD OF TIME, BUT SHALL 48 NOT EXCEED THE TERMINATION OF THE DECLARATION OF A STATE OF PUBLIC 49 HEALTH EMERGENCY; 50 3. USE OF FACILITIES. TO PROCURE, BY CONDEMNATION OR OTHERWISE, ANY 51 BUSINESS OR FACILITY AUTHORIZED TO COLLECT, STORE, HANDLE, DESTROY, 52 TREAT, TRANSPORT OR DISPOSE OF INFECTIOUS WASTE UNDER THE LAWS OF THIS 53 STATE, AND ANY LANDFILL BUSINESS OR OTHER SUCH PROPERTY AS MAY BE 54 REASONABLE AND NECESSARY TO RESPOND TO THE PUBLIC HEALTH EMERGENCY, WITH 55 THE POWER TO TAKE IMMEDIATE POSSESSION THEREOF; AND S. 5361 11 1 4. IDENTIFICATION. ALL BAGS, BOXES AND OTHER CONTAINERS FOR INFECTIOUS 2 WASTE SHALL BE CLEARLY IDENTIFIED AS CONTAINING INFECTIOUS WASTE AND IF 3 KNOWN, THE TYPE OF INFECTIOUS WASTE. 4 S 1013. SAFE DISPOSAL OF HUMAN REMAINS. THE PUBLIC HEALTH AUTHORITY 5 MAY EXERCISE, FOR SUCH PERIOD AS THE STATE OF PUBLIC HEALTH EMERGENCY 6 EXISTS, THE FOLLOWING POWERS REGARDING THE SAFE DISPOSAL OF HUMAN 7 REMAINS: 8 1. ADOPT MEASURES. TO ADOPT AND ENFORCE SUCH MEASURES TO PROVIDE FOR 9 THE SAFE DISPOSAL OF HUMAN REMAINS AS MAY BE REASONABLE AND NECESSARY TO 10 RESPOND TO THE PUBLIC HEALTH EMERGENCY. SUCH MEASURES MAY INCLUDE, BUT 11 ARE NOT LIMITED TO, THE EMBALMING, BURIAL, CREMATION, INTERMENT, DISIN- 12 TERMENT, TRANSPORTATION AND DISPOSAL OF HUMAN REMAINS; 13 2. POSSESSION. TO TAKE POSSESSION OR CONTROL OF ANY HUMAN REMAINS; 14 3. DISPOSAL. TO ORDER THE DISPOSAL OF ANY HUMAN REMAINS OF A PERSON 15 WHO HAS DIED OF A CONTAGIOUS DISEASE THROUGH BURIAL OR CREMATION WITHIN 16 TWENTY-FOUR HOURS AFTER DEATH. TO THE EXTENT POSSIBLE, THE RELIGIOUS, 17 CULTURAL, FAMILY AND INDIVIDUAL BELIEFS OF THE DECEASED OR HIS OR HER 18 FAMILY SHALL BE CONSIDERED WHEN DISPOSING OF ANY HUMAN REMAINS; 19 4. CONTROL OF FACILITIES. TO REQUIRE ANY BUSINESS OR FACILITY AUTHOR- 20 IZED TO EMBALM, BURY, CREMATE, INTER, DISINTER, TRANSPORT OR DISPOSE OF 21 HUMAN REMAINS UNDER THE LAWS OF THIS STATE TO ACCEPT ANY HUMAN REMAINS 22 OR PROVIDE THE USE OF ITS BUSINESS OR FACILITY IF SUCH ACTIONS ARE 23 REASONABLE AND NECESSARY TO RESPOND TO THE PUBLIC HEALTH EMERGENCY AS A 24 CONDITION OF LICENSURE, AUTHORIZATION OR THE ABILITY TO CONTINUE DOING 25 BUSINESS IN THE STATE AS SUCH A BUSINESS OR FACILITY. THE USE OF THE 26 BUSINESS OR FACILITY MAY INCLUDE TRANSFERRING THE MANAGEMENT AND SUPER- 27 VISION OF SUCH BUSINESS OR FACILITY TO THE PUBLIC HEALTH AUTHORITY FOR A 28 LIMITED OR UNLIMITED PERIOD OF TIME, BUT SHALL NOT EXCEED THE TERMI- 29 NATION OF THE DECLARATION OF A STATE OF PUBLIC HEALTH EMERGENCY; 30 5. USE OF FACILITIES. TO PROCURE, BY CONDEMNATION OR OTHERWISE, ANY 31 BUSINESS OR FACILITY AUTHORIZED TO EMBALM, BURY, CREMATE, INTER, 32 DISINTER, TRANSPORT OR DISPOSE OF HUMAN REMAINS UNDER THE LAWS OF THIS 33 STATE AS MAY BE REASONABLE AND NECESSARY TO RESPOND TO THE PUBLIC HEALTH 34 EMERGENCY WITH THE POWER TO TAKE IMMEDIATE POSSESSION THEREOF; 35 6. LABELING. EVERY HUMAN REMAIN PRIOR TO DISPOSAL SHALL BE CLEARLY 36 LABELED WITH ALL AVAILABLE INFORMATION TO IDENTIFY THE DECEDENT AND THE 37 CIRCUMSTANCES OF DEATH. ANY REMAINS OF A DECEASED PERSON WITH A CONTA- 38 GIOUS DISEASE SHALL HAVE AN EXTERNAL, CLEARLY VISIBLE TAG INDICATING 39 THAT THE HUMAN REMAINS ARE INFECTED AND, IF KNOWN, THE CONTAGIOUS 40 DISEASE; 41 7. IDENTIFICATION. EVERY PERSON IN CHARGE OF DISPOSING OF ANY HUMAN 42 REMAINS SHALL MAINTAIN A WRITTEN OR ELECTRONIC RECORD OF EACH HUMAN 43 REMAIN AND ALL AVAILABLE INFORMATION TO IDENTIFY THE DECEDENT, THE 44 CIRCUMSTANCES OF DEATH AND THE DISPOSAL THEREOF. IF HUMAN REMAINS CANNOT 45 BE IDENTIFIED, PRIOR TO DISPOSAL A QUALIFIED PERSON SHALL, TO THE EXTENT 46 POSSIBLE, TAKE FINGERPRINTS AND ONE OR MORE PHOTOGRAPHS OF THE HUMAN 47 REMAINS, OBTAIN IDENTIFYING DENTAL INFORMATION, AND COLLECT A DNA SPECI- 48 MEN. ALL INFORMATION GATHERED PURSUANT TO THIS SUBDIVISION SHALL BE 49 PROMPTLY FORWARDED TO THE PUBLIC HEALTH AUTHORITY. 50 S 1014. CONTROL OF HEALTH CARE SUPPLIES. 1. PROCUREMENT. THE PUBLIC 51 HEALTH AUTHORITY MAY PURCHASE AND DISTRIBUTE ANTI-TOXINS, SERUMS, 52 VACCINES, IMMUNIZING AGENTS, ANTIBIOTICS AND OTHER PHARMACEUTICAL AGENTS 53 OR MEDICAL SUPPLIES THAT IT DEEMS ADVISABLE IN THE INTEREST OF PREPARING 54 FOR OR CONTROLLING A PUBLIC HEALTH EMERGENCY, WITHOUT ANY ADDITIONAL 55 LEGISLATIVE AUTHORIZATION. S. 5361 12 1 2. RATIONING. IF A STATE OF PUBLIC HEALTH EMERGENCY RESULTS IN A 2 STATEWIDE OR REGIONAL SHORTAGE OR THREATENED SHORTAGE OF ANY PRODUCT 3 COVERED BY SUBDIVISION ONE OF THIS SECTION, WHETHER OR NOT SUCH PRODUCT 4 HAS BEEN PURCHASED BY THE PUBLIC HEALTH AUTHORITY, THE PUBLIC HEALTH 5 AUTHORITY MAY CONTROL, RESTRICT AND REGULATE BY RATIONING AND USING 6 QUOTAS, PROHIBITIONS ON SHIPMENTS, ALLOCATION OR OTHER MEANS, THE USE, 7 SALE, DISPENSING, DISTRIBUTION OR TRANSPORTATION OF THE RELEVANT PRODUCT 8 NECESSARY TO PROTECT THE HEALTH, SAFETY AND WELFARE OF THE PEOPLE OF THE 9 STATE. 10 3. PRIORITY. IN MAKING RATIONING OR OTHER SUPPLY AND DISTRIBUTION 11 DECISIONS, THE PUBLIC HEALTH AUTHORITY MAY GIVE PREFERENCE TO HEALTH 12 CARE PROVIDERS, DISASTER RESPONSE PERSONNEL AND MORTUARY STAFF. 13 4. DISTRIBUTION. DURING A STATE OF PUBLIC HEALTH EMERGENCY, THE PUBLIC 14 HEALTH AUTHORITY MAY PROCURE, STORE AND DISTRIBUTE ANY ANTI-TOXINS, 15 SERUMS, VACCINES, IMMUNIZING AGENTS, ANTIBIOTICS AND OTHER PHARMACEU- 16 TICAL AGENTS OR MEDICAL SUPPLIES LOCATED WITHIN THE STATE AS MAY BE 17 REASONABLE AND NECESSARY TO RESPOND TO THE PUBLIC HEALTH EMERGENCY, WITH 18 THE RIGHT TO TAKE IMMEDIATE POSSESSION THEREOF. IF A PUBLIC HEALTH EMER- 19 GENCY SIMULTANEOUSLY AFFECTS MORE THAN ONE STATE, NOTHING IN THIS 20 SECTION SHALL BE CONSTRUED TO ALLOW THE PUBLIC HEALTH AUTHORITY TO 21 OBTAIN ANTI-TOXINS, SERUMS, VACCINES, IMMUNIZING AGENTS, ANTIBIOTICS AND 22 OTHER PHARMACEUTICAL AGENTS OR MEDICAL SUPPLIES FOR THE PRIMARY PURPOSE 23 OF HOARDING SUCH PRODUCTS OR PREVENTING THEIR FAIR AND EQUITABLE 24 DISTRIBUTION AMONG AFFECTED STATES. 25 S 1015. COMPENSATION. THE STATE SHALL PAY JUST COMPENSATION TO THE 26 OWNER OF ANY FACILITY OR MATERIAL THAT IS LAWFULLY TAKEN OR APPROPRIATED 27 BY THE PUBLIC HEALTH AUTHORITY FOR ITS TEMPORARY OR PERMANENT USE UNDER 28 THIS TITLE ACCORDING TO THE PROCEDURES AND STANDARDS SET FORTH IN 29 SECTION ONE THOUSAND FORTY-FOUR OF THIS ARTICLE. COMPENSATION SHALL NOT 30 BE PROVIDED FOR FACILITIES OR MATERIALS THAT ARE CLOSED, EVACUATED, 31 DECONTAMINATED OR DESTROYED WHEN THERE IS REASONABLE CAUSE TO BELIEVE 32 THAT THEY MAY ENDANGER THE PUBLIC HEALTH PURSUANT TO SECTION ONE THOU- 33 SAND TWENTY OF THIS ARTICLE. 34 S 1016. DESTRUCTION OF PROPERTY. TO THE EXTENT PRACTICABLE, CONSISTENT 35 WITH THE PROTECTION OF PUBLIC HEALTH, PRIOR TO THE DESTRUCTION OF ANY 36 PROPERTY PURSUANT TO THIS TITLE, THE PUBLIC HEALTH AUTHORITY SHALL 37 INSTITUTE APPROPRIATE CIVIL PROCEEDINGS AGAINST THE PROPERTY TO BE 38 DESTROYED IN ACCORDANCE WITH THE EXISTING LAWS AND RULES OF THE COURTS 39 OF THIS STATE, OR ANY SUCH RULES THAT MAY BE DEVELOPED BY THE COURTS FOR 40 USE DURING A STATE OF PUBLIC HEALTH EMERGENCY. ANY PROPERTY ACQUIRED BY 41 THE PUBLIC HEALTH AUTHORITY THROUGH SUCH PROCEEDINGS SHALL, AFTER ENTRY 42 OF THE ORDER, BE DISPOSED OF BY DESTRUCTION PURSUANT TO THE TERMS OF 43 SUCH ORDER. 44 TITLE III 45 SPECIAL POWERS DURING STATE OF PUBLIC HEALTH EMERGENCY; PROTECTION OF 46 PERSONS 47 SECTION 1020. PROTECTION OF PERSONS. 48 1021. MEDICAL EXAMINATIONS AND TESTING. 49 1022. VACCINATION AND TREATMENT. 50 1023. ISOLATION AND QUARANTINE. 51 1024. PROCEDURES FOR ISOLATION AND QUARANTINE. 52 1025. COLLECTION OF LABORATORY SPECIMENS; PERFORMANCE OF TESTS. 53 1026. ACCESS AND DISCLOSURE OF PROTECTED HEALTH INFORMATION. 54 1027. LICENSING AND APPOINTMENT OF HEALTH PERSONNEL. 55 S 1020. PROTECTION OF PERSONS. DURING A STATE OF PUBLIC HEALTH EMER- 56 GENCY, THE PUBLIC HEALTH AUTHORITY SHALL USE EVERY AVAILABLE MEANS TO S. 5361 13 1 PREVENT THE TRANSMISSION OF INFECTIOUS DISEASE AND TO ENSURE THAT ALL 2 CASES OF CONTAGIOUS DISEASE ARE SUBJECT TO PROPER CONTROL AND TREATMENT. 3 S 1021. MEDICAL EXAMINATIONS AND TESTING. DURING A STATE OF PUBLIC 4 HEALTH EMERGENCY, THE PUBLIC HEALTH AUTHORITY MAY PERFORM PHYSICAL EXAM- 5 INATIONS AND/OR TESTS AS NECESSARY FOR THE DIAGNOSIS AND TREATMENT OF 6 INDIVIDUALS. 7 1. MEDICAL EXAMINATIONS AND TESTS MAY BE PERFORMED BY ANY QUALIFIED 8 PERSON AUTHORIZED TO DO SO BY THE PUBLIC HEALTH AUTHORITY. 9 2. MEDICAL EXAMINATIONS AND TESTS SHALL NOT BE REASONABLY LIKELY TO 10 RESULT IN SERIOUS HARM TO THE AFFECTED INDIVIDUAL. 11 3. THE PUBLIC HEALTH AUTHORITY MAY ISOLATE OR QUARANTINE, PURSUANT TO 12 SECTION ONE THOUSAND TWENTY-THREE OF THIS TITLE, ANY PERSON WHOSE 13 REFUSAL OF MEDICAL EXAMINATION OR TESTING RESULTS IN UNCERTAINTY REGARD- 14 ING WHETHER SUCH PERSON HAS BEEN EXPOSED TO OR IS INFECTED WITH A CONTA- 15 GIOUS OR POSSIBLY CONTAGIOUS DISEASE, OR OTHERWISE POSES A DANGER TO 16 PUBLIC HEALTH. 17 S 1022. VACCINATION AND TREATMENT. DURING A STATE OF PUBLIC HEALTH 18 EMERGENCY, THE PUBLIC HEALTH AUTHORITY MAY EXERCISE THE FOLLOWING EMER- 19 GENCY POWERS OVER PERSONS AS NECESSARY TO ADDRESS THE PUBLIC HEALTH 20 EMERGENCY: 21 1. VACCINATION. TO VACCINATE PEOPLE AS PROTECTION AGAINST INFECTIOUS 22 DISEASE AND TO PREVENT THE SPREAD OF CONTAGIOUS OR POSSIBLY CONTAGIOUS 23 DISEASE. 24 (A) VACCINATION MAY BE PERFORMED BY ANY QUALIFIED PERSON AUTHORIZED TO 25 DO SO BY THE PUBLIC HEALTH AUTHORITY. 26 (B) TO PREVENT THE SPREAD OF CONTAGIOUS OR POSSIBLY CONTAGIOUS DISEASE 27 THE PUBLIC HEALTH AUTHORITY MAY ISOLATE OR QUARANTINE, PURSUANT TO 28 SECTION ONE THOUSAND TWENTY-THREE OF THIS TITLE, PERSONS WHO ARE UNABLE 29 OR UNWILLING FOR REASONS OF HEALTH, RELIGION OR CONSCIENCE TO UNDERGO 30 VACCINATION PURSUANT TO THIS SUBDIVISION. 31 2. TREATMENT. TO TREAT PEOPLE EXPOSED TO OR INFECTED WITH DISEASE. 32 (A) TREATMENT MAY BE ADMINISTERED BY ANY QUALIFIED PERSON AUTHORIZED 33 TO DO SO BY THE PUBLIC HEALTH AUTHORITY. 34 (B) TREATMENT SHALL NOT BE SUCH THAT IT IS REASONABLY LIKELY TO LEAD 35 TO SERIOUS HARM TO THE AFFECTED INDIVIDUAL. 36 (C) TO PREVENT THE SPREAD OF CONTAGIOUS OR POSSIBLY CONTAGIOUS DISEASE 37 A PUBLIC HEALTH AUTHORITY MAY ISOLATE OR QUARANTINE PURSUANT TO SECTION 38 ONE THOUSAND TWENTY-THREE OF THIS TITLE, PERSONS WHO ARE UNABLE OR 39 UNWILLING FOR REASONS OF HEALTH, RELIGION OR CONSCIENCE TO UNDERGO 40 TREATMENT PURSUANT TO THIS SUBDIVISION. 41 S 1023. ISOLATION AND QUARANTINE. 1. AUTHORIZATION. DURING THE PUBLIC 42 HEALTH EMERGENCY, A PUBLIC HEALTH AUTHORITY MAY ISOLATE OR QUARANTINE AN 43 INDIVIDUAL OR GROUPS OF INDIVIDUALS. THIS INCLUDES INDIVIDUALS OR GROUPS 44 WHO HAVE NOT BEEN VACCINATED, TREATED, TESTED OR EXAMINED PURSUANT TO 45 SECTIONS ONE THOUSAND TWENTY-ONE AND ONE THOUSAND TWENTY-TWO OF THIS 46 TITLE. THE PUBLIC HEALTH AUTHORITY MAY ALSO ESTABLISH AND MAINTAIN PLAC- 47 ES OF ISOLATION AND QUARANTINE, AND SET RULES AND MAKE ORDERS. FAILURE 48 TO OBEY SUCH RULES, ORDERS OR PROVISIONS SHALL CONSTITUTE A MISDEMEANOR. 49 2. CONDITIONS AND PRINCIPLES. THE PUBLIC HEALTH AUTHORITY SHALL ADHERE 50 TO THE FOLLOWING CONDITIONS AND PRINCIPLES WHEN ISOLATING OR QUARANTIN- 51 ING INDIVIDUALS OR GROUPS OF INDIVIDUALS: 52 (A) ISOLATION AND QUARANTINE SHALL BE BY THE LEAST RESTRICTIVE MEANS 53 NECESSARY TO PREVENT THE SPREAD OF A CONTAGIOUS OR POSSIBLY CONTAGIOUS 54 DISEASE TO OTHERS AND MAY INCLUDE, BUT NOT BE LIMITED TO, CONFINEMENT TO 55 PRIVATE HOMES, OR OTHER PRIVATE AND PUBLIC PREMISES; S. 5361 14 1 (B) ISOLATED INDIVIDUALS SHALL BE CONFINED SEPARATELY FROM QUARANTINED 2 INDIVIDUALS; 3 (C) THE HEALTH STATUS OF ISOLATED AND QUARANTINED INDIVIDUALS SHALL BE 4 MONITORED REGULARLY TO DETERMINE IF THEY REQUIRE ISOLATION OR QUARAN- 5 TINE; 6 (D) IF A QUARANTINED INDIVIDUAL SUBSEQUENTLY BECOMES INFECTED OR IS 7 REASONABLY BELIEVED TO HAVE BECOME INFECTED WITH A CONTAGIOUS OR POSSI- 8 BLY CONTAGIOUS DISEASE HE OR SHE SHALL PROMPTLY BE REMOVED TO ISOLATION; 9 (E) ISOLATED AND QUARANTINED INDIVIDUALS MUST BE IMMEDIATELY RELEASED 10 WHEN THEY POSE NO SUBSTANTIAL RISK OF TRANSMITTING A CONTAGIOUS OR 11 POSSIBLY CONTAGIOUS DISEASE TO OTHERS; 12 (F) THE NEEDS OF PERSONS ISOLATED AND QUARANTINED SHALL BE ADDRESSED 13 IN A SYSTEMATIC AND COMPETENT FASHION INCLUDING, BUT NOT LIMITED TO, 14 PROVIDING ADEQUATE FOOD, CLOTHING, SHELTER, MEANS OF COMMUNICATION WITH 15 THOSE IN ISOLATION OR QUARANTINE AND OUTSIDE SUCH SETTINGS, MEDICATION 16 AND COMPETENT MEDICAL CARE; 17 (G) PREMISES USED FOR ISOLATION AND QUARANTINE SHALL BE MAINTAINED IN 18 A SAFE AND HYGIENIC MANNER, AND BE DESIGNED TO MINIMIZE THE LIKELIHOOD 19 OF FURTHER TRANSMISSION OF INFECTION OR OTHER HARMS TO PERSONS ISOLATED 20 AND QUARANTINED; AND 21 (H) TO THE EXTENT POSSIBLE, CULTURAL AND RELIGIOUS BELIEFS SHOULD BE 22 CONSIDERED IN ADDRESSING THE NEEDS OF INDIVIDUALS, AND ESTABLISHING AND 23 MAINTAINING ISOLATION AND QUARANTINE PREMISES. 24 3. COOPERATION. PERSONS SUBJECT TO ISOLATION OR QUARANTINE SHALL OBEY 25 THE PUBLIC HEALTH AUTHORITY'S RULES AND ORDERS; AND SHALL NOT GO BEYOND 26 THE ISOLATION OR QUARANTINE PREMISES. FAILURE TO OBEY SUCH RULES, ORDERS 27 AND PROVISIONS SHALL CONSTITUTE A MISDEMEANOR. 28 4. ENTRY INTO ISOLATION OR QUARANTINE PREMISES. (A) AUTHORIZED ENTRY. 29 THE PUBLIC HEALTH AUTHORITY MAY AUTHORIZE PHYSICIANS, HEALTH CARE WORK- 30 ERS AND OTHERS TO HAVE ACCESS TO INDIVIDUALS IN ISOLATION OR QUARANTINE 31 AS NECESSARY TO MEET THE NEEDS OF ISOLATED OR QUARANTINED INDIVIDUALS. 32 (B) UNAUTHORIZED ENTRY. NO PERSON, OTHER THAN A PERSON AUTHORIZED BY 33 THE PUBLIC HEALTH AUTHORITY, SHALL ENTER ISOLATION OR QUARANTINE PREM- 34 ISES. FAILURE TO OBEY THIS PARAGRAPH SHALL CONSTITUTE A MISDEMEANOR. 35 (C) POTENTIAL ISOLATION OR QUARANTINE. ANY PERSON ENTERING AN 36 ISOLATION OR QUARANTINE PREMISES WITH OR WITHOUT AUTHORIZATION OF THE 37 PUBLIC HEALTH AUTHORITY MAY BE ISOLATED OR QUARANTINED PURSUANT TO THIS 38 SECTION. 39 S 1024. PROCEDURES FOR ISOLATION AND QUARANTINE. DURING A PUBLIC 40 HEALTH EMERGENCY, THE ISOLATION AND QUARANTINE OF AN INDIVIDUAL OR 41 GROUPS OF INDIVIDUALS SHALL BE UNDERTAKEN IN ACCORDANCE WITH THE FOLLOW- 42 ING PROCEDURES: 43 1. TEMPORARY ISOLATION AND QUARANTINE WITHOUT NOTICE. (A) AUTHORI- 44 ZATION. THE PUBLIC HEALTH AUTHORITY MAY TEMPORARILY ISOLATE OR QUARAN- 45 TINE AN INDIVIDUAL OR GROUPS OF INDIVIDUALS THROUGH A WRITTEN DIRECTIVE 46 IF DELAY IN IMPOSING THE ISOLATION OR QUARANTINE WOULD SIGNIFICANTLY 47 JEOPARDIZE THE PUBLIC HEALTH AUTHORITY'S ABILITY TO PREVENT OR LIMIT THE 48 TRANSMISSION OF A CONTAGIOUS OR POSSIBLY CONTAGIOUS DISEASE TO OTHERS. 49 (B) CONTENT OF DIRECTIVE. THE WRITTEN DIRECTIVE SHALL SPECIFY THE 50 FOLLOWING: (I) THE IDENTITY OF THE INDIVIDUAL OR GROUPS OF INDIVIDUALS 51 SUBJECT TO ISOLATION OR QUARANTINE; (II) THE PREMISES SUBJECT TO 52 ISOLATION OR QUARANTINE; (III) THE DATE AND TIME AT WHICH ISOLATION OR 53 QUARANTINE COMMENCES; (IV) THE SUSPECTED CONTAGIOUS DISEASE, IF KNOWN; 54 AND (V) A COPY OF THIS TITLE AND THE RELEVANT DEFINITIONS OF THIS ARTI- 55 CLE. S. 5361 15 1 (C) COPIES. A COPY OF THE WRITTEN DIRECTIVE SHALL BE GIVEN TO THE 2 INDIVIDUAL TO BE ISOLATED OR QUARANTINED OR, IF THE ORDER APPLIES TO A 3 GROUP OF INDIVIDUALS AND IT IS IMPRACTICAL TO PROVIDE INDIVIDUAL COPIES, 4 IT MAY BE POSTED IN A CONSPICUOUS PLACE IN THE ISOLATION OR QUARANTINE 5 PREMISES. 6 (D) PETITION FOR CONTINUED ISOLATION OR QUARANTINE. WITHIN TEN DAYS 7 AFTER ISSUING THE WRITTEN DIRECTIVE, THE PUBLIC HEALTH AUTHORITY SHALL 8 FILE A PETITION PURSUANT TO SUBDIVISION TWO OF THIS SECTION FOR A COURT 9 ORDER AUTHORIZING THE CONTINUED ISOLATION OR QUARANTINE OF THE ISOLATED 10 OR QUARANTINED INDIVIDUAL OR GROUPS OF INDIVIDUALS. 11 2. ISOLATION OR QUARANTINE WITH NOTICE. (A) AUTHORIZATION. THE PUBLIC 12 HEALTH AUTHORITY MAY MAKE A WRITTEN PETITION TO A TRIAL COURT FOR AN 13 ORDER AUTHORIZING THE ISOLATION OR QUARANTINE OF AN INDIVIDUAL OR GROUPS 14 OF INDIVIDUALS. 15 (B) CONTENT OF PETITION. A PETITION PURSUANT TO THIS SUBDIVISION SHALL 16 SPECIFY THE FOLLOWING: (I) THE IDENTITY OF THE INDIVIDUAL OR GROUPS OF 17 INDIVIDUALS SUBJECT TO ISOLATION OR QUARANTINE; (II) THE PREMISES 18 SUBJECT TO ISOLATION OR QUARANTINE; (III) THE DATE AND TIME AT WHICH 19 ISOLATION OR QUARANTINE COMMENCES; (IV) THE SUSPECTED CONTAGIOUS 20 DISEASE, IF KNOWN; (V) A STATEMENT OF COMPLIANCE WITH THE CONDITIONS AND 21 PRINCIPLES FOR ISOLATION AND QUARANTINE AS STATED IN SUBDIVISION TWO OF 22 SECTION ONE THOUSAND TWENTY-THREE OF THIS TITLE; AND (VI) A STATEMENT OF 23 THE BASIS UPON WHICH ISOLATION OR QUARANTINE IS JUSTIFIED IN COMPLIANCE 24 WITH THIS TITLE. THE PETITION SHALL BE ACCOMPANIED BY THE SWORN AFFIDA- 25 VIT OF THE PUBLIC HEALTH AUTHORITY ATTESTING TO THE FACTS ASSERTED IN 26 THE PETITION, TOGETHER WITH ANY FURTHER INFORMATION THAT MAY BE RELEVANT 27 AND MATERIAL TO THE COURT'S CONSIDERATION. 28 (C) NOTICE. NOTICE TO THE INDIVIDUAL OR GROUPS OF INDIVIDUALS IDENTI- 29 FIED IN THE PETITION SHALL BE ACCOMPLISHED WITHIN TWENTY-FOUR HOURS IN 30 ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES. 31 (D) HEARING. A HEARING MUST BE HELD ON ANY PETITION FILED PURSUANT TO 32 THIS SUBDIVISION WITHIN FIVE DAYS OF FILING OF THE PETITION. IN 33 EXTRAORDINARY CIRCUMSTANCES AND FOR GOOD CAUSE SHOWN THE PUBLIC HEALTH 34 AUTHORITY MAY APPLY TO CONTINUE THE HEARING DATE ON A PETITION FILED 35 PURSUANT TO THIS SECTION FOR UP TO TEN DAYS, WHICH CONTINUANCE THE COURT 36 MAY GRANT IN ITS DISCRETION GIVING DUE REGARD TO THE RIGHTS OF THE 37 AFFECTED INDIVIDUALS, THE PROTECTION OF THE PUBLIC'S HEALTH, THE SEVERI- 38 TY OF THE EMERGENCY AND THE AVAILABILITY OF NECESSARY WITNESSES AND 39 EVIDENCE. 40 (E) ORDER. THE COURT SHALL GRANT THE PETITION IF, BY A PREPONDERANCE 41 OF THE EVIDENCE, ISOLATION OR QUARANTINE IS SHOWN TO BE REASONABLY 42 NECESSARY TO PREVENT OR LIMIT THE TRANSMISSION OF A CONTAGIOUS OR POSSI- 43 BLY CONTAGIOUS DISEASE TO OTHERS. 44 (I) AN ORDER AUTHORIZING ISOLATION OR QUARANTINE MAY DO SO FOR A PERI- 45 OD NOT TO EXCEED THIRTY DAYS. 46 (II) SUCH ORDER SHALL (A) IDENTIFY THE ISOLATED OR QUARANTINED INDI- 47 VIDUALS OR GROUPS OF INDIVIDUALS BY NAME OR SHARED OR SIMILAR CHARACTER- 48 ISTICS OR CIRCUMSTANCES; (B) SPECIFY FACTUAL FINDINGS WARRANTING 49 ISOLATION OR QUARANTINE PURSUANT TO THIS ARTICLE; (C) INCLUDE ANY CONDI- 50 TIONS NECESSARY TO ENSURE THAT ISOLATION OR QUARANTINE IS CARRIED OUT 51 WITHIN THE STATED PURPOSES AND RESTRICTIONS OF THIS ARTICLE; AND (D) BE 52 SERVED ON AFFECTED INDIVIDUALS OR GROUPS OF INDIVIDUALS IN ACCORDANCE 53 WITH THE CIVIL PRACTICE LAW AND RULES. 54 (F) CONTINUANCES. PRIOR TO THE EXPIRATION OF AN ORDER ISSUED PURSUANT 55 TO PARAGRAPH (E) OF THIS SUBDIVISION, THE PUBLIC HEALTH AUTHORITY MAY 56 MOVE TO CONTINUE ISOLATION OR QUARANTINE FOR ADDITIONAL PERIODS NOT TO S. 5361 16 1 EXCEED THIRTY DAYS EACH. THE TRIAL COURT SHALL CONSIDER THE MOTION IN 2 ACCORDANCE WITH STANDARDS SET FORTH IN SUCH PARAGRAPH. 3 3. RELIEF FROM ISOLATION AND QUARANTINE. (A) RELEASE. AN INDIVIDUAL 4 OR GROUP OF INDIVIDUALS ISOLATED OR QUARANTINED PURSUANT TO THIS ARTICLE 5 MAY APPLY TO THE TRIAL COURT FOR AN ORDER TO SHOW CAUSE WHY THE INDIVID- 6 UAL OR GROUP OF INDIVIDUALS SHOULD NOT BE RELEASED. THE COURT SHALL 7 RULE ON THE APPLICATION TO SHOW CAUSE WITHIN FORTY-EIGHT HOURS OF ITS 8 FILING. IF THE COURT GRANTS THE APPLICATION, THE COURT SHALL SCHEDULE A 9 HEARING ON THE ORDER TO SHOW CAUSE WITHIN TWENTY-FOUR HOURS FROM ISSU- 10 ANCE OF THE ORDER TO SHOW CAUSE. THE ISSUANCE OF AN ORDER TO SHOW CAUSE 11 SHALL NOT STAY OR ENJOIN AN ISOLATION OR QUARANTINE ORDER. 12 (B) REMEDIES FOR BREACH OF CONDITIONS. AN INDIVIDUAL OR GROUP OF INDI- 13 VIDUALS ISOLATED OR QUARANTINED PURSUANT TO THIS ARTICLE MAY REQUEST A 14 HEARING IN THE TRIAL COURT FOR REMEDIES REGARDING BREACHES TO THE CONDI- 15 TIONS OF ISOLATION OR QUARANTINE. A REQUEST FOR A HEARING SHALL NOT STAY 16 OR ENJOIN AN ISOLATION OR QUARANTINE ORDER. 17 (I) UPON RECEIPT OF A REQUEST PURSUANT TO THIS PARAGRAPH ALLEGING 18 EXTRAORDINARY CIRCUMSTANCES JUSTIFYING THE IMMEDIATE GRANTING OF RELIEF, 19 THE COURT SHALL FIX A DATE FOR HEARING ON THE MATTERS ALLEGED NOT MORE 20 THAN TWENTY-FOUR HOURS FROM RECEIPT OF THE REQUEST. 21 (II) OTHERWISE, UPON RECEIPT OF A REQUEST PURSUANT TO THIS PARAGRAPH 22 THE COURT SHALL FIX A DATE FOR A HEARING ON THE MATTERS ALLEGED WITHIN 23 FIVE DAYS FROM RECEIPT OF THE REQUEST. 24 (C) EXTENSIONS. IN ANY PROCEEDINGS BROUGHT FOR RELIEF, IN EXTRAOR- 25 DINARY CIRCUMSTANCES AND FOR GOOD CAUSE SHOWN, THE PUBLIC HEALTH AUTHOR- 26 ITY MAY MOVE THE COURT TO EXTEND THE TIME FOR A HEARING, WHICH EXTENSION 27 THE COURT IN ITS DISCRETION MAY GRANT GIVING DUE REGARD TO THE RIGHTS OF 28 THE AFFECTED INDIVIDUALS, THE PROTECTION OF THE PUBLIC'S HEALTH, THE 29 SEVERITY OF THE EMERGENCY AND THE AVAILABILITY OF NECESSARY WITNESSES 30 AND EVIDENCE. 31 4. PROCEEDINGS. A RECORD OF THE PROCEEDINGS PURSUANT TO THIS SECTION 32 SHALL BE MADE AND RETAINED. IN THE EVENT THAT, GIVEN A STATE OF PUBLIC 33 HEALTH EMERGENCY, PARTIES CANNOT PERSONALLY APPEAR BEFORE THE COURT, 34 PROCEEDINGS MAY BE CONDUCTED BY THEIR AUTHORIZED REPRESENTATIVES AND BE 35 HELD VIA ANY MEANS THAT ALLOWS ALL PARTIES TO FULLY PARTICIPATE. 36 5. COURT TO APPOINT COUNSEL AND CONSOLIDATE CLAIMS. (A) APPOINTMENT. 37 THE COURT SHALL APPOINT COUNSEL AT STATE EXPENSE TO REPRESENT INDIVID- 38 UALS OR GROUPS OF INDIVIDUALS WHO ARE OR WHO ARE ABOUT TO BE ISOLATED OR 39 QUARANTINED PURSUANT TO THE PROVISIONS OF THIS ARTICLE AND WHO ARE NOT 40 OTHERWISE REPRESENTED BY COUNSEL. APPOINTMENTS SHALL BE MADE IN ACCORD- 41 ANCE WITH THE PROCEDURES TO BE SPECIFIED IN THE PUBLIC HEALTH EMERGENCY 42 PLAN AND SHALL LAST THROUGHOUT THE DURATION OF THE ISOLATION OR QUARAN- 43 TINE OF THE INDIVIDUAL OR GROUP OF INDIVIDUALS. THE PUBLIC HEALTH 44 AUTHORITY SHALL PROVIDE ADEQUATE MEANS OF COMMUNICATION BETWEEN SUCH 45 INDIVIDUALS OR GROUPS AND THEIR COUNSEL. 46 (B) CONSOLIDATION. IN ANY PROCEEDINGS BROUGHT PURSUANT TO THIS 47 SECTION, TO PROMOTE THE FAIR AND EFFICIENT OPERATION OF JUSTICE AND 48 HAVING GIVEN DUE REGARD TO THE RIGHTS OF THE AFFECTED INDIVIDUALS, THE 49 PROTECTION OF THE PUBLIC'S HEALTH, THE SEVERITY OF THE EMERGENCY AND THE 50 AVAILABILITY OF NECESSARY WITNESSES AND EVIDENCE, THE COURT MAY ORDER 51 THE CONSOLIDATION OF INDIVIDUAL CLAIMS INTO GROUP CLAIMS WHERE: 52 (I) THE NUMBER OF INDIVIDUALS INVOLVED OR TO BE AFFECTED IS SO LARGE 53 AS TO RENDER INDIVIDUAL PARTICIPATION IMPRACTICAL; 54 (II) THERE ARE QUESTIONS OF LAW OR FACT COMMON TO THE INDIVIDUAL 55 CLAIMS OR RIGHTS TO BE DETERMINED; S. 5361 17 1 (III) THE GROUP CLAIMS OR RIGHTS TO BE DETERMINED ARE TYPICAL OF THE 2 AFFECTED INDIVIDUALS' CLAIMS OR RIGHTS; AND 3 (IV) THE ENTIRE GROUP WILL BE ADEQUATELY REPRESENTED IN THE CONSOL- 4 IDATION. 5 S 1025. COLLECTION OF LABORATORY SPECIMENS; PERFORMANCE OF TESTS. THE 6 PUBLIC HEALTH AUTHORITY MAY, FOR SUCH PERIOD AS THE STATE OF PUBLIC 7 HEALTH EMERGENCY EXISTS, COLLECT SPECIMENS AND PERFORM TESTS ON LIVING 8 PERSONS PURSUANT TO SECTION ONE THOUSAND TWENTY-ONE OF THIS TITLE AND 9 ALSO UPON DECEASED PERSONS AND ANIMALS (LIVING OR DECEASED), AND ACQUIRE 10 ANY PREVIOUSLY COLLECTED SPECIMENS OR TEST RESULTS THAT ARE REASONABLE 11 AND NECESSARY TO RESPOND TO THE PUBLIC HEALTH EMERGENCY. 12 1. MARKING. ALL SPECIMENS SHALL BE CLEARLY MARKED. 13 2. CONTAMINATION. SPECIMEN COLLECTION, HANDLING, STORAGE AND TRANSPORT 14 TO THE TESTING SITE SHALL BE PERFORMED IN A MANNER THAT WILL REASONABLY 15 PRECLUDE SPECIMEN CONTAMINATION OR ADULTERATION, AND PROVIDE FOR THE 16 SAFE COLLECTION, STORAGE, HANDLING AND TRANSPORT OF SUCH SPECIMEN. 17 3. CHAIN OF CUSTODY. ANY PERSON AUTHORIZED TO COLLECT SPECIMENS OR 18 PERFORM TESTS SHALL USE CHAIN OF CUSTODY PROCEDURES TO ENSURE PROPER 19 RECORD KEEPING, HANDLING, LABELING AND IDENTIFICATION OF SPECIMENS TO BE 20 TESTED. THIS REQUIREMENT APPLIES TO ALL SPECIMENS, INCLUDING SPECIMENS 21 COLLECTED USING ON-SITE TESTING KITS. 22 4. CRIMINAL INVESTIGATION. RECOGNIZING THAT, DURING A STATE OF PUBLIC 23 HEALTH EMERGENCY, ANY SPECIMEN COLLECTED OR TEST PERFORMED MAY BE 24 EVIDENCE IN A CRIMINAL INVESTIGATION, ANY BUSINESS, FACILITY OR AGENCY 25 AUTHORIZED TO COLLECT SPECIMENS OR PERFORM TESTS SHALL PROVIDE SUCH 26 SUPPORT AS IS REASONABLE AND NECESSARY TO AID IN A RELEVANT CRIMINAL 27 INVESTIGATION. 28 S 1026. ACCESS AND DISCLOSURE OF PROTECTED HEALTH INFORMATION. 1. 29 ACCESS. ACCESS TO PROTECTED HEALTH INFORMATION OF PERSONS WHO HAVE 30 PARTICIPATED IN MEDICAL TESTING, TREATMENT, VACCINATION, ISOLATION OR 31 QUARANTINE PROGRAMS, OR EFFORTS BY THE PUBLIC HEALTH AUTHORITY DURING A 32 PUBLIC HEALTH EMERGENCY SHALL BE LIMITED TO THOSE PERSONS HAVING A 33 LEGITIMATE NEED TO ACQUIRE OR USE SUCH INFORMATION TO: 34 (A) PROVIDE TREATMENT TO THE INDIVIDUAL WHO IS THE SUBJECT OF SUCH 35 INFORMATION; 36 (B) CONDUCT EPIDEMIOLOGIC RESEARCH; OR 37 (C) INVESTIGATE THE CAUSES OF TRANSMISSION. 38 2. DISCLOSURE. PROTECTED HEALTH INFORMATION HELD BY THE PUBLIC HEALTH 39 AUTHORITY SHALL NOT BE DISCLOSED TO ANOTHER PERSON WITHOUT INDIVIDUAL, 40 WRITTEN, SPECIFIC, INFORMED CONSENT, EXCEPT FOR DISCLOSURES MADE: 41 (A) DIRECTLY TO THE INDIVIDUAL; 42 (B) TO THE INDIVIDUAL'S IMMEDIATE FAMILY MEMBERS OR PERSONAL REPRESEN- 43 TATIVE; 44 (C) TO APPROPRIATE FEDERAL AGENCIES OR AUTHORITIES PURSUANT TO FEDERAL 45 LAW; 46 (D) PURSUANT TO A COURT ORDER TO AVERT A CLEAR DANGER TO AN INDIVIDUAL 47 OR THE PUBLIC HEALTH; OR 48 (E) TO IDENTIFY A DECEASED INDIVIDUAL OR DETERMINE THE MANNER OR CAUSE 49 OF DEATH. 50 S 1027. LICENSING AND APPOINTMENT OF HEALTH PERSONNEL. THE PUBLIC 51 HEALTH AUTHORITY MAY EXERCISE, FOR SUCH PERIOD AS THE STATE OF PUBLIC 52 HEALTH EMERGENCY EXISTS, THE FOLLOWING EMERGENCY POWERS REGARDING THE 53 LICENSING AND APPOINTMENT OF HEALTH PERSONNEL: 54 1. HEALTH CARE PROVIDERS. TO REQUIRE IN-STATE HEALTH CARE PROVIDERS TO 55 ASSIST IN THE PERFORMANCE OF VACCINATION, EXAMINATION AND TREATMENT OF S. 5361 18 1 ANY PERSON AS A CONDITION OF CONTINUED LICENSURE AUTHORIZATION, OR THE 2 ABILITY TO CONTINUE TO FUNCTION AS A HEALTH CARE PROVIDER IN THIS STATE. 3 2. HEALTH CARE PROVIDERS FROM OTHER JURISDICTIONS. TO APPOINT AND 4 PRESCRIBE THE DUTIES OF SUCH OUT-OF-STATE EMERGENCY HEALTH CARE PROVID- 5 ERS AS MAY BE REASONABLE AND NECESSARY TO RESPOND TO THE PUBLIC HEALTH 6 EMERGENCY. 7 (A) THE APPOINTMENT OF OUT-OF-STATE EMERGENCY HEALTH CARE PROVIDERS 8 PURSUANT TO THIS SUBDIVISION MAY BE FOR A LIMITED OR UNLIMITED TIME, BUT 9 SHALL NOT EXCEED THE TERMINATION OF THE DECLARATION OF A STATE OF PUBLIC 10 HEALTH EMERGENCY. THE PUBLIC HEALTH AUTHORITY MAY TERMINATE THE OUT-OF- 11 STATE APPOINTMENTS AT ANY TIME OR FOR ANY REASON PROVIDED THAT ANY SUCH 12 TERMINATION WILL NOT JEOPARDIZE THE HEALTH, SAFETY AND WELFARE OF THE 13 PEOPLE OF THIS STATE. 14 (B) THE PUBLIC HEALTH AUTHORITY MAY WAIVE ANY OR ALL LICENSING 15 REQUIREMENTS, PERMITS AND FEES REQUIRED BY STATE LAW AND APPLICABLE 16 ORDERS, RULES OR REGULATIONS FOR HEALTH CARE PROVIDERS FROM OTHER JURIS- 17 DICTIONS TO PRACTICE IN THIS STATE. 18 (C) ANY OUT-OF-STATE EMERGENCY HEALTH CARE PROVIDER APPOINTED PURSUANT 19 TO THIS SUBDIVISION SHALL NOT BE HELD LIABLE FOR ANY CIVIL DAMAGES AS A 20 RESULT OF MEDICAL CARE OR TREATMENT RELATED TO THE RESPONSE TO THE 21 PUBLIC HEALTH EMERGENCY UNLESS SUCH DAMAGES RESULT FROM PROVIDING OR 22 FAILING TO PROVIDE MEDICAL CARE OR TREATMENT UNDER CIRCUMSTANCES DEMON- 23 STRATING A RECKLESS DISREGARD FOR THE CONSEQUENCES SO AS TO AFFECT THE 24 LIFE OR HEALTH OF THE PATIENT. 25 3. PERSONNEL TO PERFORM DUTIES OF MEDICAL EXAMINER OR CORONER. TO 26 AUTHORIZE A MEDICAL EXAMINER OR CORONER TO APPOINT AND PRESCRIBE THE 27 DUTIES OF SUCH EMERGENCY ASSISTANT MEDICAL EXAMINERS OR CORONERS AS MAY 28 BE REQUIRED FOR THE PROPER PERFORMANCE OF THE DUTIES OF THE OFFICE. 29 (A) THE APPOINTMENT OF EMERGENCY ASSISTANT MEDICAL EXAMINERS OR CORON- 30 ERS PURSUANT TO THIS SUBDIVISION MAY BE FOR A LIMITED OR UNLIMITED TIME, 31 BUT SHALL NOT EXCEED THE TERMINATION OF THE DECLARATION OF A STATE OF 32 PUBLIC HEALTH EMERGENCY. THE MEDICAL EXAMINER OR CORONER MAY TERMINATE 33 SUCH EMERGENCY APPOINTMENTS AT ANY TIME OR FOR ANY REASON, PROVIDED THAT 34 ANY SUCH TERMINATION WILL NOT IMPEDE THE PERFORMANCE OF DUTIES OF THE 35 OFFICE. 36 (B) THE MEDICAL EXAMINER OR CORONER MAY WAIVE ANY OR ALL LICENSING 37 REQUIREMENTS, PERMITS AND FEES REQUIRED BY STATE LAW AND APPLICABLE 38 ORDERS, RULES AND REGULATIONS FOR THE PERFORMANCE OF SUCH DUTIES. 39 (C) ANY EMERGENCY ASSISTANT MEDICAL EXAMINER OR CORONER APPOINTED 40 PURSUANT TO THIS SUBDIVISION, AND ACTING WITHOUT MALICE AND WITHIN THE 41 SCOPE OF HIS OR HER PRESCRIBED DUTIES SHALL BE IMMUNE FROM CIVIL LIABIL- 42 ITY IN THE PERFORMANCE OF SUCH DUTIES. 43 TITLE IV 44 PUBLIC INFORMATION REGARDING PUBLIC HEALTH EMERGENCIES 45 SECTION 1030. DISSEMINATION OF INFORMATION. 46 1031. ACCESS TO MENTAL HEALTH SUPPORT PERSONNEL. 47 S 1030. DISSEMINATION OF INFORMATION. THE PUBLIC HEALTH AUTHORITY 48 SHALL INFORM THE PEOPLE OF THE STATE WHEN A STATE OF PUBLIC HEALTH EMER- 49 GENCY HAS BEEN DECLARED OR TERMINATED, HOW TO PROTECT THEMSELVES AND 50 WHAT ACTIONS ARE BEING TAKEN TO CONTROL THE EMERGENCY. 51 1. MEANS OF DISSEMINATION. THE PUBLIC HEALTH AUTHORITY SHALL PROVIDE 52 INFORMATION BY ALL AVAILABLE AND REASONABLE MEANS CALCULATED TO BRING 53 THE INFORMATION PROMPTLY TO THE ATTENTION OF THE GENERAL PUBLIC. 54 2. LANGUAGES. IF THE PUBLIC HEALTH AUTHORITY HAS REASON TO BELIEVE 55 THERE ARE LARGE NUMBERS OF PEOPLE OF THE STATE WHO LACK SUFFICIENT 56 SKILLS IN ENGLISH TO UNDERSTAND THE INFORMATION, THE PUBLIC HEALTH S. 5361 19 1 AUTHORITY SHALL MAKE REASONABLE EFFORTS TO PROVIDE THE INFORMATION IN 2 THE PRIMARY LANGUAGES OF THOSE PEOPLE AS WELL AS IN ENGLISH. 3 3. ACCESSIBILITY. THE PROVISION OF INFORMATION SHALL BE MADE IN A 4 MANNER ACCESSIBLE TO INDIVIDUALS WITH DISABILITIES. 5 S 1031. ACCESS TO MENTAL HEALTH SUPPORT PERSONNEL. DURING AND AFTER 6 THE DECLARATION OF A STATE OF PUBLIC HEALTH EMERGENCY, THE PUBLIC HEALTH 7 AUTHORITY SHALL PROVIDE INFORMATION ABOUT AND REFERRALS TO MENTAL HEALTH 8 SUPPORT PERSONNEL TO ADDRESS PSYCHOLOGICAL RESPONSES TO THE PUBLIC 9 HEALTH EMERGENCY. 10 TITLE V 11 MISCELLANEOUS 12 SECTION 1040. TITLES. 13 1041. RULES AND REGULATIONS. 14 1042. FINANCING AND EXPENSES. 15 1043. LIABILITY. 16 1044. COMPENSATION. 17 1045. SEVERABILITY. 18 1046. SAVING CLAUSE. 19 1047. CONFLICTING LAWS. 20 S 1040. TITLES. FOR THE PURPOSES OF THIS ARTICLE, THE TITLES OF THE 21 TITLES, SECTIONS, SUBDIVISIONS AND PARAGRAPHS ARE INSTRUCTIVE, BUT NOT 22 BINDING. 23 S 1041. RULES AND REGULATIONS. THE PUBLIC HEALTH AUTHORITY AND OTHER 24 AFFECTED AGENCIES ARE AUTHORIZED TO PROMULGATE AND IMPLEMENT SUCH RULES 25 AND REGULATIONS AS ARE REASONABLE AND NECESSARY TO IMPLEMENT AND EFFEC- 26 TUATE THE PROVISIONS OF THIS ARTICLE. THE PUBLIC HEALTH AUTHORITY AND 27 OTHER AFFECTED AGENCIES SHALL HAVE THE POWER TO ENFORCE THE PROVISIONS 28 OF THIS ARTICLE THROUGH THE IMPOSITION OF FINES AND PENALTIES, THE ISSU- 29 ANCE OF ORDERS AND SUCH OTHER REMEDIES AS ARE PROVIDED BY LAW, BUT NOTH- 30 ING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE SPECIFIC ENFORCEMENT 31 POWERS ENUMERATED IN THIS ARTICLE. 32 S 1042. FINANCING AND EXPENSES. 1. TRANSFER OF FUNDS. THE GOVERNOR MAY 33 TRANSFER FROM ANY FUND AVAILABLE TO THE GOVERNOR IN THE STATE TREASURY 34 SUCH SUMS AS MAY BE NECESSARY DURING A STATE OF PUBLIC HEALTH EMERGENCY. 35 2. REPAYMENT. MONIES SO TRANSFERRED SHALL BE REPAID TO THE FUND FROM 36 WHICH THEY WERE TRANSFERRED WHEN MONIES BECOME AVAILABLE FOR THAT 37 PURPOSE, BY LEGISLATIVE APPROPRIATION OR OTHERWISE. 38 3. CONDITIONS. A TRANSFER OF FUNDS BY THE GOVERNOR UNDER THE 39 PROVISIONS OF THIS SECTION MAY BE MADE ONLY WHEN ONE OR MORE OF THE 40 FOLLOWING CONDITIONS EXIST: 41 (A) NO APPROPRIATION OR OTHER AUTHORIZATION IS AVAILABLE TO MEET THE 42 PUBLIC HEALTH EMERGENCY. 43 (B) AN APPROPRIATION IS INSUFFICIENT TO MEET THE PUBLIC HEALTH EMER- 44 GENCY. 45 (C) FEDERAL MONIES AVAILABLE FOR SUCH A PUBLIC HEALTH EMERGENCY 46 REQUIRE THE USE OF STATE OR OTHER PUBLIC MONIES. 47 4. EXPENSES. ALL EXPENSES INCURRED BY THE STATE DURING A STATE OF 48 PUBLIC HEALTH EMERGENCY SHALL BE SUBJECT TO THE FOLLOWING LIMITATIONS: 49 (A) NO EXPENSE SHALL BE INCURRED AGAINST THE MONIES AUTHORIZED UNDER 50 THIS SECTION, WITHOUT THE GENERAL APPROVAL OF THE GOVERNOR. 51 (B) MONIES AUTHORIZED FOR A STATE OF PUBLIC HEALTH EMERGENCY IN PRIOR 52 FISCAL YEARS MAY BE USED IN SUBSEQUENT FISCAL YEARS ONLY FOR THE PUBLIC 53 HEALTH EMERGENCY FOR WHICH THEY WERE AUTHORIZED. 54 S 1043. LIABILITY. 1. STATE IMMUNITY. NEITHER THE STATE, ITS POLITICAL 55 SUBDIVISIONS, NOR, EXCEPT IN CASES OF GROSS NEGLIGENCE OR WILLFUL 56 MISCONDUCT, THE GOVERNOR, THE PUBLIC HEALTH AUTHORITY AND ANY OTHER S. 5361 20 1 STATE OR LOCAL OFFICIAL REFERENCED IN THIS ARTICLE, IS LIABLE FOR THE 2 DEATH OF OR ANY INJURY TO PERSONS, OR DAMAGE TO PROPERTY, AS A RESULT OF 3 COMPLYING WITH OR ATTEMPTING TO COMPLY WITH THIS ARTICLE OR ANY RULE OR 4 REGULATION PROMULGATED PURSUANT TO THIS ARTICLE DURING A STATE OF PUBLIC 5 HEALTH EMERGENCY. 6 2. PRIVATE LIABILITY. (A) DURING A STATE OF PUBLIC HEALTH EMERGENCY, 7 ANY PERSON OWNING OR CONTROLLING REAL PROPERTY OR OTHER PREMISES WHO 8 VOLUNTARILY AND WITHOUT COMPENSATION GRANTS A LICENSE OR PRIVILEGE, OR 9 OTHERWISE PERMITS THE DESIGNATION OR USE OF THE WHOLE OR ANY PART OR 10 PARTS OF SUCH REAL PROPERTY OR PREMISES FOR THE PURPOSE OF SHELTERING 11 PERSONS, TOGETHER WITH SUCH PERSON'S SUCCESSORS IN INTEREST, IF ANY, 12 SHALL NOT BE CIVILLY LIABLE FOR NEGLIGENTLY CAUSING THE DEATH OF OR 13 INJURY TO ANY PERSON ON OR ABOUT SUCH REAL PROPERTY OR PREMISES UNDER 14 SUCH LICENSE, PRIVILEGE OR OTHER PERMISSION, OR FOR NEGLIGENTLY CAUSING 15 LOSS OF OR DAMAGE TO THE PROPERTY OF SUCH PERSON. 16 (B) DURING A STATE OF PUBLIC HEALTH EMERGENCY, ANY PRIVATE PERSON, 17 FIRM OR CORPORATION, AND THE EMPLOYEES AND AGENTS OF SUCH PERSON, FIRM 18 OR CORPORATION IN THE PERFORMANCE OF A CONTRACT WITH AND UNDER THE 19 DIRECTION OF THE STATE OR ITS POLITICAL SUBDIVISION UNDER THE PROVISIONS 20 OF THIS ARTICLE SHALL NOT BE CIVILLY LIABLE FOR CAUSING THE DEATH OF OR 21 INJURY TO ANY PERSON, OR DAMAGE TO ANY PROPERTY, EXCEPT IN THE EVENT OF 22 GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. 23 (C) DURING A STATE OF PUBLIC HEALTH EMERGENCY, ANY PRIVATE PERSON, 24 FIRM OR CORPORATION, AND THE EMPLOYEES AND AGENTS OF SUCH PERSON, FIRM 25 OR CORPORATION, WHO RENDERS ASSISTANCE OR ADVICE AT THE REQUEST OF THE 26 STATE OR ITS POLITICAL SUBDIVISIONS UNDER THE PROVISIONS OF THIS ARTICLE 27 SHALL NOT BE CIVILLY LIABLE FOR CAUSING THE DEATH OF OR INJURY TO ANY 28 PERSON, OR DAMAGE TO ANY PROPERTY, EXCEPT IN THE EVENT OF GROSS NEGLI- 29 GENCE OR WILLFUL MISCONDUCT. 30 (D) THE IMMUNITIES PROVIDED IN THIS SECTION SHALL NOT APPLY TO ANY 31 PRIVATE PERSON, FIRM, OR CORPORATION, OR THE EMPLOYEES AND AGENTS OF 32 SUCH PERSON, FIRM OR CORPORATION WHOSE ACT OR OMISSION CAUSED IN WHOLE 33 OR IN PART THE PUBLIC HEALTH EMERGENCY, AND WHO WOULD OTHERWISE BE 34 LIABLE THEREFOR. 35 S 1044. COMPENSATION. 1. TAKING. COMPENSATION FOR PROPERTY SHALL BE 36 MADE ONLY IF PRIVATE PROPERTY IS LAWFULLY TAKEN OR APPROPRIATED BY A 37 PUBLIC HEALTH AUTHORITY FOR ITS TEMPORARY OR PERMANENT USE DURING A 38 STATE OF PUBLIC HEALTH EMERGENCY DECLARED BY THE GOVERNOR PURSUANT TO 39 THIS ARTICLE. 40 2. ACTIONS. ANY ACTION AGAINST THE STATE WITH REGARD TO THE PAYMENT OF 41 COMPENSATION SHALL BE BROUGHT IN THE COURT OF CLAIMS IN ACCORDANCE WITH 42 THE STATE CONSTITUTION, EXISTING STATE LAW, COURT RULES, OR ANY SUCH 43 RULES THAT MAY BE DEVELOPED BY THE COURTS FOR USE DURING A STATE OF 44 PUBLIC HEALTH EMERGENCY. 45 3. AMOUNT. THE AMOUNT OF COMPENSATION SHALL BE CALCULATED IN THE SAME 46 MANNER AS COMPENSATION DUE FOR TAKING OF PROPERTY PURSUANT TO THE 47 PROVISIONS OF THE EMINENT DOMAIN PROCEDURE LAW, EXCEPT THAT THE AMOUNT 48 OF COMPENSATION CALCULATED FOR ITEMS OBTAINED UNDER SECTION ONE THOUSAND 49 FOURTEEN OF THIS ARTICLE SHALL BE LIMITED TO THE COSTS INCURRED TO 50 PRODUCE THE ITEM. 51 S 1045. SEVERABILITY. THE PROVISIONS OF THIS ARTICLE ARE SEVERABLE. IF 52 ANY PROVISION OF THIS ARTICLE OR ITS APPLICATION TO ANY PERSON OR 53 CIRCUMSTANCES IS HELD INVALID IN A FEDERAL OR STATE COURT HAVING JURIS- 54 DICTION, THE INVALIDITY WILL NOT AFFECT OTHER PROVISIONS OR APPLICATIONS 55 OF THIS ARTICLE THAT CAN BE GIVEN EFFECT WITHOUT THE INVALID PROVISION 56 OR APPLICATION. S. 5361 21 1 S 1046. SAVING CLAUSE. THIS ARTICLE DOES NOT EXPLICITLY PREEMPT OTHER 2 LAWS OR REGULATIONS THAT PRESERVE TO A GREATER DEGREE THE POWERS OF THE 3 GOVERNOR OR PUBLIC HEALTH AUTHORITY, PROVIDED SUCH LAWS OR REGULATIONS 4 ARE CONSISTENT, AND DO NOT OTHERWISE RESTRICT OR INTERFERE, WITH THE 5 OPERATION OR ENFORCEMENT OF THE PROVISIONS OF THIS ARTICLE. 6 S 1047. CONFLICTING LAWS. 1. FEDERAL SUPREMACY. THIS ARTICLE DOES NOT 7 RESTRICT ANY PERSON FROM COMPLYING WITH FEDERAL LAWS OR REGULATIONS. 8 2. PRIOR CONFLICTING ACTS. IN THE EVENT OF A CONFLICT BETWEEN THIS 9 ARTICLE AND ANY OTHER PROVISION OF LAW, RULE OR REGULATION CONCERNING 10 PUBLIC HEALTH POWERS, THE PROVISIONS OF THIS ARTICLE APPLY. 11 S 4. The penal law is amended by adding a new article 280 to read as 12 follows: 13 ARTICLE 280 14 OFFENSES RELATED TO AGRICULTURE 15 SECTION 280.00 DEFINITIONS. 16 280.05 AGRICULTURAL ADULTERATION IN THE SECOND DEGREE. 17 280.10 AGRICULTURAL ADULTERATION IN THE FIRST DEGREE. 18 280.15 LIMITATIONS OF APPLICATION. 19 S 280.00 DEFINITIONS. 20 THE FOLLOWING DEFINITIONS ARE APPLICABLE TO THIS ARTICLE: 21 1. "CROPS" MEANS CORN, WHEAT, OATS, RYE, BARLEY, HAY, POTATOES AND DRY 22 BEANS. 23 2. "FARM PRODUCT" MEANS ANY AGRICULTURAL, HORTICULTURAL, FLORICULTUR- 24 AL, OR VEGETABLE OR FRUIT PRODUCTS OF THE SOIL, AQUACULTURE PRODUCTS, 25 LIVESTOCK OR MEAT, DAIRY PRODUCTS, POULTRY, EGGS, MILK, HONEY, MAPLE 26 TREE SAP AND MAPLE PRODUCTS PRODUCED THEREFROM, WOOL, HIDES, HAY, STRAW 27 AND GRAINS. 28 3. "FOOD" AND "FOOD PRODUCTS" MEANS ALL ARTICLES OF FOOD, DRINK, 29 CONFECTIONERY OR CONDIMENT, WHETHER SIMPLE, MIXED OR COMPOUND, USED OR 30 INTENDED FOR USE BY MAN OR ANIMALS, AND SHALL ALSO INCLUDE ALL 31 SUBSTANCES OR INGREDIENTS TO BE ADDED TO FOOD FOR ANY PURPOSE. 32 4. "LIVESTOCK" MEANS CATTLE, SHEEP, HOGS, GOATS, HORSES, POULTRY, 33 RATITES (SUCH AS OSTRICHES, EMUS, RHEAS AND KIWIS), FARMED DEER, FARMED 34 BUFFALO, AND FUR BEARING ANIMALS. 35 5. "PLANTS" MEANS TREES, SHRUBS, VINES, ANNUALS, BIENNIALS, PERENNI- 36 ALS, VEGETABLES, FORAGE AND CEREAL PLANTS AND ALL OTHER PLANT CUTTINGS, 37 GRAFTS, SCIONS, BUDS, AND OTHER PARTS OF PLANTS AND FRUIT, VEGETABLES, 38 ROOTS, BULBS, SEEDS, WOOD AND LUMBER. 39 S 280.05 AGRICULTURAL ADULTERATION IN THE SECOND DEGREE. 40 A PERSON IS GUILTY OF AGRICULTURAL ADULTERATION IN THE SECOND DEGREE 41 WHEN HE OR SHE: 42 1. INTENTIONALLY DESIGNS, MANUFACTURES OR ALTERS GENETIC MATERIAL TO 43 CREATE A BIOLOGICAL AGENT OR TOXIN WITH THE INTENT TO DESTROY A FOOD OR 44 FARM PRODUCT OR TO RENDER A FOOD OR FARM PRODUCT OTHERWISE UNDESIRABLE 45 FOR ITS CUSTOMARY USE; OR 46 2. INTENTIONALLY DESIGNS, DEVELOPS OR UTILIZES A PROCESS OR PROCESSES 47 TO GENETICALLY ALTER ANY PLANT USED FOR HUMAN OR LIVESTOCK CONSUMPTION 48 WITH THE INTENT TO RENDER SUCH PLANT TOXIC OR UNFIT FOR HUMAN OR LIVE- 49 STOCK CONSUMPTION. 50 AGRICULTURAL ADULTERATION IN THE SECOND DEGREE IS A CLASS D FELONY. 51 S 280.10 AGRICULTURAL ADULTERATION IN THE FIRST DEGREE. 52 A PERSON IS GUILTY OF AGRICULTURAL ADULTERATION IN THE FIRST DEGREE 53 WHEN HE OR SHE: 54 1. INTENTIONALLY INTRODUCES A BIOLOGICAL ORGANISM, TOXIN OR TOXIC 55 CHEMICAL WITH THE INTENTION OF CAUSING HARM TO OR DISEASE OR DEATH OF S. 5361 22 1 LIVESTOCK, OR RENDERING THE PRODUCTS OF SUCH LIVESTOCK UNFIT FOR HUMAN 2 CONSUMPTION; 3 2. INTENTIONALLY CONTAMINATES, ADULTERATES, DEFILES, CORRUPTS OR 4 ALTERS A FOOD OR FARM PRODUCT WITH THE INTENT TO INJURE, SICKEN OR KILL 5 PERSONS OR LIVESTOCK; OR 6 3. INTENTIONALLY INTRODUCES ANY BIOLOGICAL ORGANISM TO PLANTS OR CROPS 7 WITH THE INTENT TO RENDER SUCH PLANTS OR CROPS TOXIC OR OTHERWISE UNFIT 8 FOR HUMAN OR LIVESTOCK CONSUMPTION, OR UNDESIRABLE FOR THEIR CUSTOMARY 9 USE, OR TO CAUSE THE LAND UPON WHICH SUCH PLANTS OR CROPS ARE PRODUCED 10 TO BE UNSUITABLE FOR FURTHER AGRICULTURAL USE OR PRODUCTION. 11 AGRICULTURAL ADULTERATION IN THE FIRST DEGREE IS A CLASS C FELONY. 12 S 280.15 LIMITATIONS OF APPLICATION. 13 THIS ARTICLE DOES NOT APPLY TO ANY PROPERLY CONDUCTED SCIENTIFIC 14 TESTS, EXPERIMENTS, INVESTIGATIONS OR OTHER LAWFUL ACTIVITY INVOLVING 15 THE USE OF CROPS, FARM PRODUCTS, FOOD, FOOD PRODUCTS, LIVESTOCK OR 16 PLANTS, AS DEFINED IN THIS ARTICLE, PERFORMED FOR ONE OR MORE OF THE 17 FOLLOWING PURPOSES: 18 1. ANY PURPOSE SPECIFICALLY PERMITTED BY LAW; 19 2. ANY PEACEFUL PURPOSE RELATED TO AN INDUSTRIAL, AGRICULTURAL, 20 RESEARCH, MEDICAL, OR PHARMACEUTICAL ACTIVITY OR OTHER PEACEFUL ACTIV- 21 ITY; 22 3. ANY PURPOSE DIRECTLY RELATED TO PROTECTION AGAINST TOXIC CHEMICALS 23 AND TO PROTECTION AGAINST CHEMICAL WEAPONS; 24 4. ANY MILITARY PURPOSE OF THE UNITED STATES THAT IS NOT CONNECTED 25 WITH THE USE OF A CHEMICAL WEAPON OR THAT IS NOT DEPENDENT ON THE USE OF 26 THE TOXIC OR POISONOUS PROPERTIES OF THE CHEMICAL WEAPON TO CAUSE DEATH 27 OR OTHER HARM; AND 28 5. ANY LAW ENFORCEMENT PURPOSE, INCLUDING ANY DOMESTIC RIOT CONTROL 29 PURPOSE AND INCLUDING IMPOSITION OF CAPITAL PUNISHMENT. 30 S 5. The penal law is amended by adding a new section 490.27 to read 31 as follows: 32 S 490.27 CRIME OF CYBER-TERRORISM. 33 1. A PERSON IS GUILTY OF THE CRIME OF CYBER-TERRORISM WHEN, WITH THE 34 INTENT TO INTIMIDATE OR COERCE A CIVILIAN POPULATION OR INFLUENCE THE 35 POLICY OF A UNIT OF GOVERNMENT BY INTIMIDATION OR COERCION, HE OR SHE 36 COMMITS A DENIAL OF SERVICE ATTACK AGAINST ANY COMPUTER NETWORK ADMINIS- 37 TERED OR OPERATED BY A LOCAL, STATE OR FEDERAL GOVERNMENT ENTITY, A 38 UTILITY, INCLUDING ELECTRICITY OR WATER, OR A FINANCIAL INSTITUTION. 39 2. FOR THE PURPOSE OF THIS SECTION "DENIAL OF SERVICE ATTACK" MEANS 40 PREVENTING AUTHORIZED ACCESS TO COMPUTER RESOURCES OR DELAYING TIME 41 CRITICAL COMPUTER OPERATIONS BY INUNDATING OR OTHERWISE OVERLOADING A 42 COMPUTER NETWORK, OR ATTEMPTING TO INUNDATE OR OTHERWISE OVERLOAD A 43 COMPUTER SERVICE. 44 CRIME OF CYBER-TERRORISM IS A CLASS D FELONY. 45 S 6. Subdivision 4 of section 156.25 of the penal law, as amended by 46 chapter 89 of the laws of 1993, is amended to read as follows: 47 4. he OR SHE intentionally alters in any manner or destroys computer 48 data or a computer program so as to cause damages, INCLUDING DAMAGE TO 49 ANY COMPUTER OR COMPUTERS AFFECTED BY THE ALTERATION OR DESTRUCTION, in 50 an aggregate amount exceeding one thousand dollars. 51 S 7. Section 156.26 of the penal law, as amended by chapter 590 of the 52 laws of 2008, is amended to read as follows: 53 S 156.26 Computer tampering in the second degree. 54 A person is guilty of computer tampering in the second degree when he 55 or she commits the crime of computer tampering in the fourth degree and 56 he or she intentionally alters in any manner or destroys: S. 5361 23 1 1. computer data or a computer program so as to cause damages, INCLUD- 2 ING DAMAGE TO ANY COMPUTER OR COMPUTERS AFFECTED BY THE ALTERATION OR 3 DESTRUCTION, in an aggregate amount exceeding three thousand dollars; or 4 2. computer material that contains records of the medical history or 5 medical treatment of an identified or readily identifiable individual or 6 individuals and as a result of such alteration or destruction, such 7 individual or individuals suffer serious physical injury, and he or she 8 is aware of and consciously disregards a substantial and unjustifiable 9 risk that such serious physical injury may occur. 10 Computer tampering in the second degree is a class D felony. 11 S 8. Section 156.27 of the penal law, as added by chapter 89 of the 12 laws of 1993, is amended to read as follows: 13 S 156.27 Computer tampering in the first degree. 14 A person is guilty of computer tampering in the first degree when he 15 OR SHE commits the crime of computer tampering in the fourth degree and 16 he OR SHE intentionally alters in any manner or destroys computer data 17 or a computer program so as to cause damages, INCLUDING DAMAGE TO ANY 18 COMPUTER OR COMPUTERS AFFECTED BY THE ALTERATION OR DESTRUCTION, in an 19 aggregate amount exceeding fifty thousand dollars. 20 Computer tampering in the first degree is a class C felony. 21 S 9. Section 190.26 of the penal law is amended by adding a new subdi- 22 vision 4 to read as follows: 23 4. WHEN UPON AN AIRCRAFT OR IN AN AIRPORT, PRETENDS TO BE A PILOT OR A 24 MEMBER OF AN AVIATION FLIGHT OR GROUND CREW, OR WEARS, DISPLAYS OR 25 POSSESSES WITHOUT AUTHORITY, ANY UNIFORM, BADGE, INSIGNIA, IDENTIFICA- 26 TION OR FACSIMILE THEREOF BY WHICH SUCH PILOT, FLIGHT OR GROUND CREW 27 MEMBER IS DISTINGUISHED, OR FALSELY EXPRESSES BY HIS OR HER WORDS OR 28 ACTIONS THAT HE OR SHE IS A PILOT OR FLIGHT OR GROUND CREW MEMBER OR IS 29 ACTING WITH THE APPROVAL OR AUTHORITY OF ANY AIRLINE, AIRPORT, TRANSPOR- 30 TATION AUTHORITY OR AVIATION REGULATORY AGENCY. 31 S 10. Paragraph (a) of subdivision 1 of section 460.10 of the penal 32 law, as separately amended by chapters 312 and 472 of the laws of 2008, 33 is amended to read as follows: 34 (a) Any of the felonies set forth in this chapter: sections 120.05, 35 120.10 and 120.11 relating to assault; sections 125.10 to 125.27 relat- 36 ing to homicide; sections 130.25, 130.30 and 130.35 relating to rape; 37 sections 135.20 and 135.25 relating to kidnapping; section 135.35 relat- 38 ing to labor trafficking; section 135.65 relating to coercion; sections 39 140.20, 140.25 and 140.30 relating to burglary; sections 145.05, 145.10 40 and 145.12 relating to criminal mischief; article one hundred fifty 41 relating to arson; sections 155.30, 155.35, 155.40 and 155.42 relating 42 to grand larceny; sections 177.10, 177.15, 177.20 and 177.25 relating to 43 health care fraud; article one hundred sixty relating to robbery; 44 sections 165.45, 165.50, 165.52 and 165.54 relating to criminal 45 possession of stolen property; sections 165.72 and 165.73 relating to 46 trademark counterfeiting; sections 170.10, 170.15, 170.25, 170.30, 47 170.40, 170.65 and 170.70 relating to forgery; sections 175.10, 175.25, 48 175.35, 175.40 and 210.40 relating to false statements; sections 176.15, 49 176.20, 176.25 and 176.30 relating to insurance fraud; sections 178.20 50 and 178.25 relating to criminal diversion of prescription medications 51 and prescriptions; sections 180.03, 180.08, 180.15, 180.25, 180.40, 52 180.45, 200.00, 200.03, 200.04, 200.10, 200.11, 200.12, 200.20, 200.22, 53 200.25, 200.27, 215.00, 215.05 and 215.19 relating to bribery; sections 54 187.10, 187.15, 187.20 and 187.25 relating to residential mortgage 55 fraud, sections 190.40 and 190.42 relating to criminal usury; section 56 190.65 relating to schemes to defraud; sections 205.60 and 205.65 relat- S. 5361 24 1 ing to hindering prosecution; sections 210.10, 210.15, and 215.51 relat- 2 ing to perjury and contempt; section 215.40 relating to tampering with 3 physical evidence; sections 220.06, 220.09, 220.16, 220.18, 220.21, 4 220.31, 220.34, 220.39, 220.41, 220.43, 220.46, 220.55 and 220.60 relat- 5 ing to controlled substances; sections 225.10 and 225.20 relating to 6 gambling; sections 230.25, 230.30, and 230.32 relating to promoting 7 prostitution; section 230.34 relating to sex trafficking; sections 8 235.06, 235.07, 235.21 and 235.22 relating to obscenity; sections 263.10 9 and 263.15 relating to promoting a sexual performance by a child; 10 sections 265.02, 265.03, 265.04, 265.11, 265.12, 265.13 and the 11 provisions of section 265.10 which constitute a felony relating to 12 firearms and other dangerous weapons; and sections 265.14 and 265.16 13 relating to criminal sale of a firearm; and section 275.10, 275.20, 14 275.30, or 275.40 relating to unauthorized recordings; and sections 15 470.05, 470.10, 470.15 and 470.20 relating to money laundering; SECTIONS 16 470.21, 470.22, 470.23 AND 470.24 RELATING TO MONEY LAUNDERING IN 17 SUPPORT OF TERRORISM; SECTIONS 470.30 AND 470.35 RELATING TO STRUCTUR- 18 ING; AND ARTICLE FOUR HUNDRED NINETY RELATING TO TERRORISM; or 19 S 11. Subdivision 1 of section 470.25 of the penal law, as amended by 20 chapter 489 of the laws of 2000, is amended to read as follows: 21 1. Any person convicted of a violation of section 470.05, 470.10, 22 470.15, [or] 470.20, 470.21, 470.22, 470.23 OR 470.24 of this article 23 may be sentenced to pay a fine not in excess of two times the value of 24 the monetary instruments which are the proceeds of specified criminal 25 activity. When a fine is imposed pursuant to this subdivision, the court 26 shall make a finding as to the value of such monetary instrument or 27 instruments. If the record does not contain sufficient evidence to 28 support such a finding the court may conduct a hearing upon the issue. 29 In imposing a fine, the court shall consider the seriousness of the 30 conduct, whether the amount of the fine is disproportionate to the 31 conduct in which he engaged, its impact on victims, as well as the 32 economic circumstances of the convicted person, including the effect of 33 the imposition of such a fine upon his immediate family. 34 S 12. Section 470.00 of the penal law is amended by adding a new 35 subdivision 11 to read as follows: 36 11. "STRUCTURING" MEANS, FOR PURPOSES OF SECTIONS 470.30 AND 470.35 OF 37 THIS ARTICLE, A PERSON STRUCTURES A TRANSACTION IF THAT PERSON, ACTING 38 ALONE, OR IN CONJUNCTION WITH, OR ON BEHALF OF, OTHER PERSONS, CONDUCTS 39 OR ATTEMPTS TO CONDUCT ONE OR MORE TRANSACTIONS IN CURRENCY, IN ANY 40 AMOUNT, WITH ONE OR MORE FINANCIAL INSTITUTIONS, OR WITH ONE OR MORE 41 TRADES OR BUSINESSES, ON ONE OR MORE DAYS, IN ANY MANNER, IN SUCH A WAY 42 AS TO EVADE THE REPORTING REQUIREMENTS UNDER TITLE 31 OF THE UNITED 43 STATES CODE. "IN ANY MANNER" INCLUDES, BUT IS NOT LIMITED TO, THE BREAK- 44 ING DOWN OF A SINGLE SUM OF CURRENCY EXCEEDING TEN THOUSAND DOLLARS INTO 45 SMALLER SUMS, INCLUDING SUMS AT OR BELOW TEN THOUSAND DOLLARS, OR THE 46 CONDUCT OF A TRANSACTION, OR SERIES OF CURRENCY TRANSACTIONS, INCLUDING 47 TRANSACTIONS AT OR BELOW TEN THOUSAND DOLLARS. THE TRANSACTION OR TRAN- 48 SACTIONS NEED NOT EXCEED THE TEN THOUSAND DOLLAR REPORTING THRESHOLD AT 49 ANY SINGLE FINANCIAL INSTITUTION OR AT ANY SINGLE TRADE OR BUSINESS, ON 50 ANY SINGLE DAY IN ORDER TO CONSTITUTE STRUCTURING WITHIN THE MEANING OF 51 THIS DEFINITION. 52 S 13. The penal law is amended by adding two new sections 470.30 and 53 470.35 to read as follows: 54 S 470.30 STRUCTURING IN THE SECOND DEGREE. 55 A PERSON IS GUILTY OF STRUCTURING IN THE SECOND DEGREE WHEN HE OR SHE: S. 5361 25 1 1. CAUSES OR ATTEMPTS TO CAUSE A FINANCIAL INSTITUTION NOT TO FILE A 2 WRITTEN REPORT PURSUANT TO SUBCHAPTER II OF TITLE 31 OF THE UNITED 3 STATES CODE OR ANY REGULATION PRESCRIBED THEREUNDER; OR 4 2. CAUSES OR ATTEMPTS TO CAUSE A FINANCIAL INSTITUTION TO FILE A WRIT- 5 TEN REPORT REQUIRED BY SUBCHAPTER II OF TITLE 31 OF THE UNITED STATES 6 CODE OR ANY REGULATION PRESCRIBED THEREUNDER THAT CONTAINS A MATERIAL 7 OMISSION OR MISSTATEMENT OF FACT; OR 8 3. STRUCTURES OR ASSISTS IN STRUCTURING, OR ATTEMPTS TO STRUCTURE OR 9 ASSIST IN STRUCTURING, ANY TRANSACTION FOR THE PURPOSE OF EVADING A 10 REPORTING REQUIREMENT OF SUBCHAPTER II OF TITLE 31 OF THE UNITED STATES 11 CODE OR ANY REGULATION PRESCRIBED THEREUNDER. 12 STRUCTURING IN THE SECOND DEGREE IS A CLASS E FELONY. 13 S 470.35 STRUCTURING IN THE FIRST DEGREE. 14 A PERSON IS GUILTY OF STRUCTURING IN THE FIRST DEGREE WHEN HE OR SHE 15 COMMITS THE CRIME OF STRUCTURING IN THE SECOND DEGREE: 16 1. WITH INTENT TO PROMOTE THE CARRYING ON OF CRIMINAL CONDUCT; OR 17 2. AS PART OF A PATTERN OF ANY ILLEGAL ACTIVITY INVOLVING MORE THAN 18 ONE HUNDRED THOUSAND DOLLARS IN ANY TWELVE MONTH PERIOD. 19 STRUCTURING IN THE FIRST DEGREE IS A CLASS D FELONY. 20 S 14. The first undesignated paragraph of section 490.10 of the penal 21 law, as added by chapter 300 of the laws of 2001, is amended to read as 22 follows: 23 A person commits soliciting or providing support for an act of terror- 24 ism in the second degree when, with intent that material support or 25 resources will be used, in whole or in part, to plan, prepare, carry out 26 or aid in either an act of terrorism or the concealment of, or an escape 27 from, an act of terrorism, he or she (A) raises, solicits, collects or 28 provides material support or resources, OR (B) CONCEALS OR DISGUISES THE 29 NATURE OR OWNERSHIP OF MATERIAL SUPPORT OR RESOURCES. 30 S 15. The penal law is amended by adding two new sections 490.60 and 31 490.65 to read as follows: 32 S 490.60 CRIMINAL FACILITATION OF TERRORISM. 33 1. A PERSON IS GUILTY OF CRIMINAL FACILITATION OF TERRORISM WHEN, 34 BELIEVING IT PROBABLE THAT HE OR SHE IS RENDERING AID TO A PERSON WHO 35 INTENDS TO COMMIT AN OFFENSE DEFINED IN THIS ARTICLE, HE OR SHE ENGAGES 36 IN CONDUCT WHICH PROVIDES SUCH PERSON WITH MEANS OR OPPORTUNITY FOR THE 37 COMMISSION THEREOF AND WHICH IN FACT AIDS SUCH PERSON TO COMMIT SUCH 38 OFFENSE. 39 2. (A) WHEN A PERSON IS CONVICTED OF CRIMINAL FACILITATION OF TERROR- 40 ISM PURSUANT TO THIS SECTION, AND THE OFFENSE HE OR SHE FACILITATED IS A 41 VIOLENT FELONY OFFENSE, THE CRIME OF CRIMINAL FACILITATION OF TERRORISM 42 SHALL BE DEEMED A VIOLENT FELONY OFFENSE. 43 (B) WHEN A PERSON IS CONVICTED OF CRIMINAL FACILITATION OF TERRORISM 44 PURSUANT TO THIS SECTION, AND THE OFFENSE HE OR SHE FACILITATED IS AN 45 OFFENSE DEFINED IN THIS ARTICLE OR AN ATTEMPT OR CONSPIRACY TO COMMIT 46 SUCH OFFENSE, OTHER THAN THE CRIME OF TERRORISM AS DEFINED IN SECTION 47 490.25 OF THIS ARTICLE, THE CRIME OF CRIMINAL FACILITATION OF TERRORISM 48 SHALL BE DEEMED TO BE ONE CATEGORY LOWER THAN THE OFFENSE THE DEFENDANT 49 FACILITATED; PROVIDED, FURTHER, THAT WHEN A PERSON IS CONVICTED OF CRIM- 50 INAL FACILITATION OF TERRORISM PURSUANT TO THIS SECTION, AND THE OFFENSE 51 HE OR SHE FACILITATED IS A CLASS A-I FELONY OFFENSE, THE CRIME OF CRIMI- 52 NAL FACILITATION OF TERRORISM SHALL BE PUNISHED AS A CLASS B VIOLENT 53 FELONY OFFENSE. 54 (C) WHEN A PERSON IS CONVICTED OF CRIMINAL FACILITATION OF TERRORISM 55 PURSUANT TO THIS SECTION, AND THE OFFENSE HE OR SHE FACILITATED IS THE 56 CRIME OF TERRORISM AS DEFINED IN SECTION 490.25 OF THIS ARTICLE, THE S. 5361 26 1 CRIME OF CRIMINAL FACILITATION OF TERRORISM SHALL BE DEEMED TO BE THE 2 SAME CATEGORY AS THE OFFENSE LEVEL APPLICABLE TO THE SPECIFIED OFFENSE 3 UNDERLYING THE CRIME OF TERRORISM AS DEFINED IN SECTION 490.25 OF THIS 4 ARTICLE. 5 (D) WHEN A PERSON IS CONVICTED OF CRIMINAL FACILITATION OF TERRORISM 6 PURSUANT TO THIS SECTION, AND THE OFFENSE HE OR SHE FACILITATED IS AN 7 ATTEMPT OR CONSPIRACY TO COMMIT THE CRIME OF TERRORISM AS DEFINED IN 8 SECTION 490.25 OF THIS ARTICLE, THE CRIME OF CRIMINAL FACILITATION OF 9 TERRORISM SHALL BE DEEMED TO BE ONE CATEGORY LOWER THAN THE OFFENSE THE 10 DEFENDANT FACILITATED. 11 S 490.65 CONSPIRACY TO COMMIT TERRORISM. 12 1. A PERSON IS GUILTY OF CONSPIRACY TO COMMIT TERRORISM WHEN, WITH 13 INTENT THAT CONDUCT BE PERFORMED CONSTITUTING A FELONY OFFENSE DEFINED 14 IN THIS ARTICLE, HE OR SHE AGREES WITH ONE OR MORE PERSONS TO ENGAGE IN 15 OR CAUSE THE PERFORMANCE OF SUCH CONDUCT. 16 2. (A) WHEN A PERSON IS CONVICTED OF THE CRIME OF CONSPIRACY TO COMMIT 17 TERRORISM PURSUANT TO THIS SECTION, AND THE OFFENSE HE OR SHE CONSPIRED 18 TO COMMIT IS A VIOLENT FELONY OFFENSE, THE CRIME OF CONSPIRACY TO COMMIT 19 TERRORISM SHALL BE DEEMED A VIOLENT FELONY OFFENSE. 20 (B) WHEN A PERSON IS CONVICTED OF THE CRIME OF CONSPIRACY TO COMMIT 21 TERRORISM PURSUANT TO THIS SECTION, OTHER THAN THE CRIME OF TERRORISM AS 22 DEFINED IN SECTION 490.25 OF THIS ARTICLE, THE CRIME OF CONSPIRACY TO 23 COMMIT TERRORISM SHALL BE DEEMED TO BE THE SAME CATEGORY AS THE OFFENSE 24 LEVEL APPLICABLE TO THE UNDERLYING ARTICLE FOUR HUNDRED NINETY OFFENSE. 25 (C) WHEN A PERSON IS CONVICTED OF THE CRIME OF CONSPIRACY TO COMMIT 26 TERRORISM PURSUANT TO THIS SECTION FOR THE CRIME OF TERRORISM AS DEFINED 27 IN SECTION 490.25 OF THIS ARTICLE, THE CRIME OF CONSPIRACY TO COMMIT 28 TERRORISM SHALL BE DEEMED TO BE THE SAME CATEGORY AS THE OFFENSE LEVEL 29 APPLICABLE TO A CONVICTION FOR THE CRIME OF TERRORISM AS DEFINED IN 30 SECTION 490.25 OF THIS ARTICLE THAT THE DEFENDANT CONSPIRED TO COMMIT. 31 S 16. Section 490.70 of the penal law is amended by adding two new 32 subdivisions 3 and 4 to read as follows: 33 3. WITH RESPECT TO SECTION 490.60 OF THIS ARTICLE, THE PROVISIONS OF 34 SECTION 115.10 OF THIS CHAPTER SHALL APPLY. 35 4. WITH RESPECT TO SECTION 490.65 OF THIS ARTICLE, THE PROVISIONS OF 36 SECTIONS 105.20, 105.25 AND 105.30 OF THIS CHAPTER SHALL APPLY. 37 S 17. Paragraph (b) of subdivision 2 of section 490.25 of the penal 38 law, as added by chapter 300 of the laws of 2001, is amended to read as 39 follows: 40 (b) When a person is convicted of a crime of terrorism pursuant to 41 this section, and the specified offense is a class C, D or E felony 42 offense, the crime of terrorism shall be deemed to be one category high- 43 er than the specified offense the defendant committed, or one category 44 higher than the offense level applicable to the defendant's conviction 45 for an attempt [or conspiracy] to commit the offense, whichever is 46 applicable. 47 S 18. Paragraph (a) of subdivision 3 of section 490.05 of the penal 48 law, as amended by section 7 of part A of chapter 1 of the laws of 2004, 49 is amended to read as follows: 50 (a) "Specified offense" for purposes of this article means a class A 51 felony offense other than an offense as defined in article two hundred 52 twenty, a violent felony offense as defined in section 70.02, 53 manslaughter in the second degree as defined in section 125.15, criminal 54 tampering in the first degree as defined in section 145.20, COMPUTER 55 TAMPERING IN THE THIRD DEGREE AS DEFINED IN SECTION 156.25, COMPUTER 56 TAMPERING IN THE SECOND DEGREE AS DEFINED IN SECTION 156.26, COMPUTER S. 5361 27 1 TAMPERING IN THE FIRST DEGREE AS DEFINED IN SECTION 156.27, identity 2 theft in the second degree as defined in section 190.79, identity theft 3 in the first degree as defined in section 190.80, unlawful possession of 4 personal identification information in the second degree as defined in 5 section 190.82, unlawful possession of personal identification informa- 6 tion in the first degree as defined in section 190.83, AGRICULTURAL 7 ADULTERATION IN THE SECOND DEGREE AS DEFINED IN SECTION 280.05, AGRICUL- 8 TURAL ADULTERATION IN THE FIRST DEGREE AS DEFINED IN SECTION 280.10, 9 money laundering in support of terrorism in the fourth degree as defined 10 in section 470.21, money laundering in support of terrorism in the third 11 degree as defined in section 470.22, money laundering in support of 12 terrorism in the second degree as defined in section 470.23, money laun- 13 dering in support of terrorism in the first degree as defined in section 14 470.24 of this chapter, and includes an attempt [or conspiracy] to 15 commit any such offense. 16 S 19. Section 20.20 of the criminal procedure law is amended by adding 17 a new subdivision 4 to read as follows: 18 4. THE OFFENSE WAS COMMITTED WITHIN THE SPECIAL AIRCRAFT JURISDICTION 19 OF THE STATE PURSUANT TO SECTION 20.25. 20 S 20. The criminal procedure law is amended by adding a new section 21 20.25 to read as follows: 22 S 20.25 GEOGRAPHICAL JURISDICTION OF OFFENSES; SPECIAL AIRCRAFT JURIS- 23 DICTION OF THE STATE. 24 1. AS USED IN THIS SECTION: 25 (A) "AIRCRAFT" MEANS AN AIRCRAFT OPERATING AS A COMMON CARRIER. 26 (B) "IN FLIGHT" MEANS FROM THE MOMENT ALL EXTERNAL DOORS OF AN 27 AIRCRAFT ARE CLOSED FOLLOWING BOARDING, 28 (I) THROUGH THE MOMENT WHEN ONE EXTERNAL DOOR IS OPENED TO ALLOW 29 PASSENGERS TO LEAVE THE AIRCRAFT, OR 30 (II) UNTIL, IF A FORCED LANDING, COMPETENT AUTHORITIES TAKE OVER 31 RESPONSIBILITY FOR THE AIRCRAFT AND ANY INDIVIDUALS AND PROPERTY ON THE 32 AIRCRAFT. 33 2. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF SECTION 20.30, 34 A PERSON MAY BE CONVICTED IN THE CRIMINAL COURTS OF THIS STATE OF AN 35 OFFENSE COMMITTED EITHER BY HIS OWN CONDUCT, OR BY THE CONDUCT OF ANOTH- 36 ER FOR WHICH HE IS LEGALLY ACCOUNTABLE PURSUANT TO SECTION 20.00 OF THE 37 PENAL LAW, WHEN: 38 (A) THE OFFENSE IS COMMITTED ON BOARD AN AIRCRAFT WHILE IN FLIGHT 39 OUTSIDE THIS STATE; AND 40 (B) THE AIRCRAFT HAS ITS NEXT SCHEDULED DESTINATION WITHIN THIS STATE 41 AND IN FACT NEXT LANDS IN THIS STATE; AND 42 (C) THE PERSON WHO COMMITTED THE OFFENSE IS STILL ON BOARD THE 43 AIRCRAFT WHEN IT LANDS IN THIS STATE. 44 3. EXCEPT AS LIMITED BY SUBDIVISION TWO OF THIS SECTION, THE SPECIAL 45 AIRCRAFT JURISDICTION OF THIS STATE SHALL EXTEND TO AIRCRAFT IN FLIGHT 46 TO THE SAME EXTENT SUCH JURISDICTION MAY BE CLAIMED BY THE UNITED STATES 47 OF AMERICA, OR TO WHATEVER EXTENT MAY BE RECOGNIZED BY THE USAGES AND 48 CUSTOMS OF INTERNATIONAL LAW OR BY ANY AGREEMENT, INTERNATIONAL OR 49 OTHERWISE, TO WHICH THE UNITED STATES OF AMERICA OR THIS STATE MAY BE 50 PARTY. 51 4. NOTHING CONTAINED HEREIN SHALL BE CONSTRUED TO LIMIT OR RESTRICT IN 52 ANY WAY (A) THE JURISDICTION OF THIS STATE OVER ANY PERSON OR WITH 53 RESPECT TO ANY SUBJECT WITHIN OR WITHOUT THE STATE WHICH JURISDICTION IS 54 EXERCISABLE BY REASON OF CITIZENSHIP, RESIDENCE OR FOR ANY OTHER REASON 55 RECOGNIZED BY LAW; (B) JURISDICTION OR OWNERSHIP OF OR OVER THE AIRSPACE 56 OR LANDS THEREUNDER, WITHIN OR FORMING A PART OF THE BOUNDARIES OF THIS S. 5361 28 1 STATE; OR (C) THE CONCURRENT JURISDICTION OF THE UNITED STATES OF AMERI- 2 CA OVER ANY OFFENSE COMMITTED WITHIN THE SPECIAL AIRCRAFT JURISDICTION 3 OF THE UNITED STATES AS DEFINED IN TITLE 49 OF THE UNITED STATES CODE. 4 S 21. Subdivision 1 of section 60.22 of the criminal procedure law is 5 amended to read as follows: 6 1. A defendant may not be convicted of any offense, OTHER THAN AN 7 OFFENSE DEFINED IN ARTICLE FOUR HUNDRED NINETY OF THE PENAL LAW EXCEPT 8 WHEN PROSECUTED PURSUANT TO SUBPARAGRAPH (XIII) OF PARAGRAPH (A) OF 9 SUBDIVISION ONE OF SECTION 125.27 OF THE PENAL LAW, upon the testimony 10 of an accomplice unsupported by corroborative evidence tending to 11 connect the defendant with the commission of such offense. 12 S 22. Section 690.05 of the criminal procedure law, subdivision 2 as 13 amended by chapter 504 of the laws of 1991 and the opening paragraph of 14 subdivision 2 as amended by chapter 424 of the laws of 1998, is amended 15 to read as follows: 16 S 690.05 Search warrants; in general; definition. 17 1. Under circumstances prescribed in this article, a local criminal 18 court may, upon application of a police officer, a district attorney or 19 other public servant acting in the course of his official duties, issue 20 a search warrant. 21 2. [A] EXCEPT AS SPECIFIED IN SUBDIVISION THREE OF THIS SECTION, A 22 search warrant is a court order and process directing a police officer 23 to conduct: 24 (a) a search of designated premises, or of a designated vehicle, or of 25 a designated person, for the purpose of seizing designated property or 26 kinds of property, and to deliver any property so obtained to the court 27 which issued the warrant; or 28 (b) a search of a designated premises for the purpose of searching for 29 and arresting a person who is the subject of: (i) a warrant of arrest 30 issued pursuant to this chapter, a superior court warrant of arrest 31 issued pursuant to this chapter, or a bench warrant for a felony issued 32 pursuant to this chapter, where the designated premises is the dwelling 33 of a third party who is not the subject of the arrest warrant; or 34 (ii) a warrant of arrest issued by any other state or federal court 35 for an offense which would constitute a felony under the laws of this 36 state, where the designated premises is the dwelling of a third party 37 who is not the subject of the arrest warrant. 38 3. WHERE A SEARCH IS TO BE CONDUCTED OF AN ELECTRONIC COMMUNICATION 39 SERVICE OR REMOTE COMPUTING SERVICE, A SEARCH WARRANT IS A COURT ORDER 40 DIRECTING AN EMPLOYEE OF THE ELECTRONIC COMMUNICATION SERVICE OR REMOTE 41 COMPUTING SERVICE TO SEARCH THEIR RECORDS FOR THE DESIGNATED PROPERTY. A 42 SEARCH WARRANT IS PROPERLY SERVED ON AN ELECTRONIC COMMUNICATION SERVICE 43 OR REMOTE COMPUTING SERVICE WHEN IT HAS BEEN DELIVERED BY HAND, OR IN A 44 MANNER REASONABLY ALLOWING FOR PROOF OF DELIVERY IF DELIVERED BY UNITED 45 STATES MAIL, OVERNIGHT DELIVERY SERVICE, OR FACSIMILE TO THE ELECTRONIC 46 COMMUNICATION SERVICE OR REMOTE COMPUTING SERVICE THAT IS THE SUBJECT OF 47 THE WARRANT. 48 4. "ELECTRONIC COMMUNICATION SERVICE", "REMOTE COMPUTING SERVICE" AND 49 "ELECTRONIC STORAGE" SHALL BE CONSTRUED IN ACCORDANCE WITH SECTIONS 2510 50 AND 2701 TO 2711 OF TITLE 18 OF THE UNITED STATES CODE, AS AMENDED 51 THROUGH MARCH 1, 2001. THIS SECTION DOES NOT APPLY TO BUSINESSES THAT DO 52 NOT PROVIDE THOSE SERVICES TO THE GENERAL PUBLIC. 53 S 23. The criminal procedure law is amended by adding a new section 54 690.16 to read as follows: 55 S 690.16 SEARCH WARRANT OF A FOREIGN ELECTRONIC COMMUNICATION SERVICE OR 56 A FOREIGN REMOTE COMPUTING SERVICE. S. 5361 29 1 UPON A SHOWING OF REASONABLE CAUSE, A COURT SHALL ISSUE A SEARCH 2 WARRANT DIRECTING THAT A FOREIGN ELECTRONIC COMMUNICATION SERVICE 3 PROVIDING SERVICES TO THE GENERAL PUBLIC OR REMOTE COMPUTING SERVICE 4 PROVIDING SERVICES TO THE GENERAL PUBLIC PRODUCE CERTAIN RECORDS, 5 INCLUDING THOSE THAT WOULD REVEAL THE RECIPIENT OR DESTINATION OF COMMU- 6 NICATIONS SENT TO OR FROM CUSTOMERS OF THOSE SERVICES AND THE CONTENT OF 7 THOSE COMMUNICATIONS HELD IN ELECTRONIC STORAGE SO LONG AS: 8 1. THE RECORDS CONSTITUTE EVIDENCE OR TEND TO DEMONSTRATE THAT AN 9 OFFENSE WAS COMMITTED AGAINST THE LAWS OF THE STATE; AND 10 2. THE LAWS OF THE FOREIGN STATE RECOGNIZE THE ISSUANCE OF SUCH 11 WARRANT AND AUTHORIZE THE FOREIGN ELECTRONIC COMMUNICATION SERVICE OR 12 FOREIGN REMOTE COMPUTING SERVICE TO COMPLY WITH IT. 13 S 24. The criminal procedure law is amended by adding a new section 14 690.17 to read as follows: 15 S 690.17 WARRANT OF ANOTHER STATE. 16 A NEW YORK BUSINESS THAT PROVIDES ELECTRONIC COMMUNICATION SERVICES OR 17 REMOTE COMPUTING SERVICES TO THE GENERAL PUBLIC, WHEN SERVED WITH A 18 WARRANT ISSUED BY ANOTHER STATE TO PRODUCE RECORDS THAT WOULD REVEAL THE 19 IDENTITY OF THE CUSTOMERS USING THOSE SERVICES; DATA STORED BY, OR ON 20 BEHALF OF, THE CUSTOMER; THE CUSTOMER'S USAGE OF THOSE SERVICES; THE 21 RECIPIENT OR DESTINATION OF COMMUNICATIONS SENT TO OR FROM THOSE CUSTOM- 22 ERS; OR THE CONTENT OF THOSE COMMUNICATIONS, SHALL PRODUCE THOSE RECORDS 23 AS IF THAT WARRANT HAD BEEN ISSUED BY A NEW YORK COURT. 24 S 25. The criminal procedure law is amended by adding a new section 25 690.18 to read as follows: 26 S 690.18 LIABILITY OF PROVIDERS. 27 NO CAUSE OF ACTION SHALL LIE AGAINST ANY FOREIGN OR NEW YORK ELECTRON- 28 IC COMMUNICATION SERVICE OR REMOTE COMPUTING SERVICE SUBJECT TO THIS 29 SECTION, ITS OFFICERS, EMPLOYEES, AGENTS, OR OTHER SPECIFIED PERSONS FOR 30 PROVIDING RECORDS, INFORMATION, FACILITIES OR ASSISTANCE IN ACCORDANCE 31 WITH THE TERMS OF A WARRANT ISSUED PURSUANT TO THIS CHAPTER. 32 S 26. Subdivision 4 of section 700.05 of the criminal procedure law, 33 as amended by chapter 744 of the laws of 1988, is amended to read as 34 follows: 35 4. "Justice," except as otherwise provided herein, means any justice 36 of an appellate division of the judicial department in which the eaves- 37 dropping warrant is to be executed, or any justice of the supreme court 38 of the judicial district in which the eavesdropping warrant is to be 39 executed, or any county court judge of the county in which the eaves- 40 dropping warrant is to be executed. When the eavesdropping warrant is to 41 authorize the interception of oral communications occurring in a vehicle 42 or wire communications occurring over a WIRELESS telephone [located in a 43 vehicle], "justice" means any justice of the supreme court of the judi- 44 cial department or any county court judge of the county in which the 45 eavesdropping device is to be installed or connected or of any judicial 46 department or county in which communications are expected to be inter- 47 cepted. When such a justice issues such an eavesdropping warrant, such 48 warrant may be executed and such oral or wire communications may be 49 intercepted anywhere in the state. 50 S 27. Paragraph (b) of subdivision 8 of section 700.05 of the criminal 51 procedure law, as amended by chapter 472 of the laws of 2008, is amended 52 to read as follows: 53 (b) Any of the following felonies: assault in the second degree as 54 defined in section 120.05 of the penal law, assault in the first degree 55 as defined in section 120.10 of the penal law, reckless endangerment in 56 the first degree as defined in section 120.25 of the penal law, promot- S. 5361 30 1 ing a suicide attempt as defined in section 120.30 of the penal law, 2 criminally negligent homicide as defined in section 125.10 of the penal 3 law, manslaughter in the second degree as defined in section 125.15 of 4 the penal law, manslaughter in the first degree as defined in section 5 125.20 of the penal law, murder in the second degree as defined in 6 section 125.25 of the penal law, murder in the first degree as defined 7 in section 125.27 of the penal law, abortion in the second degree as 8 defined in section 125.40 of the penal law, abortion in the first degree 9 as defined in section 125.45 of the penal law, rape in the third degree 10 as defined in section 130.25 of the penal law, rape in the second degree 11 as defined in section 130.30 of the penal law, rape in the first degree 12 as defined in section 130.35 of the penal law, criminal sexual act in 13 the third degree as defined in section 130.40 of the penal law, criminal 14 sexual act in the second degree as defined in section 130.45 of the 15 penal law, criminal sexual act in the first degree as defined in section 16 130.50 of the penal law, sexual abuse in the first degree as defined in 17 section 130.65 of the penal law, unlawful imprisonment in the first 18 degree as defined in section 135.10 of the penal law, kidnapping in the 19 second degree as defined in section 135.20 of the penal law, kidnapping 20 in the first degree as defined in section 135.25 of the penal law, labor 21 trafficking as defined in section 135.35 of the penal law, custodial 22 interference in the first degree as defined in section 135.50 of the 23 penal law, coercion in the first degree as defined in section 135.65 of 24 the penal law, criminal trespass in the first degree as defined in 25 section 140.17 of the penal law, burglary in the third degree as defined 26 in section 140.20 of the penal law, burglary in the second degree as 27 defined in section 140.25 of the penal law, burglary in the first degree 28 as defined in section 140.30 of the penal law, criminal mischief in the 29 third degree as defined in section 145.05 of the penal law, criminal 30 mischief in the second degree as defined in section 145.10 of the penal 31 law, criminal mischief in the first degree as defined in section 145.12 32 of the penal law, criminal tampering in the first degree as defined in 33 section 145.20 of the penal law, arson in the fourth degree as defined 34 in section 150.05 of the penal law, arson in the third degree as defined 35 in section 150.10 of the penal law, arson in the second degree as 36 defined in section 150.15 of the penal law, arson in the first degree as 37 defined in section 150.20 of the penal law, grand larceny in the fourth 38 degree as defined in section 155.30 of the penal law, grand larceny in 39 the third degree as defined in section 155.35 of the penal law, grand 40 larceny in the second degree as defined in section 155.40 of the penal 41 law, grand larceny in the first degree as defined in section 155.42 of 42 the penal law, COMPUTER TAMPERING IN THE THIRD DEGREE AS DEFINED IN 43 SECTION 156.25 OF THE PENAL LAW, COMPUTER TAMPERING IN THE SECOND DEGREE 44 AS DEFINED IN SECTION 156.26 OF THE PENAL LAW, COMPUTER TAMPERING IN THE 45 FIRST DEGREE AS DEFINED IN SECTION 156.27 OF THE PENAL LAW, health care 46 fraud in the fourth degree as defined in section 177.10 of the penal 47 law, health care fraud in the third degree as defined in section 177.15 48 of the penal law, health care fraud in the second degree as defined in 49 section 177.20 of the penal law, health care fraud in the first degree 50 as defined in section 177.25 of the penal law, robbery in the third 51 degree as defined in section 160.05 of the penal law, robbery in the 52 second degree as defined in section 160.10 of the penal law, robbery in 53 the first degree as defined in section 160.15 of the penal law, unlawful 54 use of secret scientific material as defined in section 165.07 of the 55 penal law, criminal possession of stolen property in the fourth degree 56 as defined in section 165.45 of the penal law, criminal possession of S. 5361 31 1 stolen property in the third degree as defined in section 165.50 of the 2 penal law, criminal possession of stolen property in the second degree 3 as defined by section 165.52 of the penal law, criminal possession of 4 stolen property in the first degree as defined by section 165.54 of the 5 penal law, trademark counterfeiting in the second degree as defined in 6 section 165.72 of the penal law, trademark counterfeiting in the first 7 degree as defined in section 165.73 of the penal law, forgery in the 8 second degree as defined in section 170.10 of the penal law, forgery in 9 the first degree as defined in section 170.15 of the penal law, criminal 10 possession of a forged instrument in the second degree as defined in 11 section 170.25 of the penal law, criminal possession of a forged instru- 12 ment in the first degree as defined in section 170.30 of the penal law, 13 criminal possession of forgery devices as defined in section 170.40 of 14 the penal law, falsifying business records in the first degree as 15 defined in section 175.10 of the penal law, tampering with public 16 records in the first degree as defined in section 175.25 of the penal 17 law, offering a false instrument for filing in the first degree as 18 defined in section 175.35 of the penal law, issuing a false certificate 19 as defined in section 175.40 of the penal law, criminal diversion of 20 prescription medications and prescriptions in the second degree as 21 defined in section 178.20 of the penal law, criminal diversion of 22 prescription medications and prescriptions in the first degree as 23 defined in section 178.25 of the penal law, residential mortgage fraud 24 in the fourth degree as defined in section 187.10 of the penal law, 25 residential mortgage fraud in the third degree as defined in section 26 187.15 of the penal law, residential mortgage fraud in the second degree 27 as defined in section 187.20 of the penal law, residential mortgage 28 fraud in the first degree as defined in section 187.25 of the penal law, 29 escape in the second degree as defined in section 205.10 of the penal 30 law, escape in the first degree as defined in section 205.15 of the 31 penal law, absconding from temporary release in the first degree as 32 defined in section 205.17 of the penal law, promoting prison contraband 33 in the first degree as defined in section 205.25 of the penal law, 34 hindering prosecution in the second degree as defined in section 205.60 35 of the penal law, hindering prosecution in the first degree as defined 36 in section 205.65 of the penal law, sex trafficking as defined in 37 section 230.34 of the penal law, criminal possession of a weapon in the 38 third degree as defined in subdivisions two, three and five of section 39 265.02 of the penal law, criminal possession of a weapon in the second 40 degree as defined in section 265.03 of the penal law, criminal 41 possession of a weapon in the first degree as defined in section 265.04 42 of the penal law, manufacture, transport, disposition and defacement of 43 weapons and dangerous instruments and appliances defined as felonies in 44 subdivisions one, two, and three of section 265.10 of the penal law, 45 sections 265.11, 265.12 and 265.13 of the penal law, or prohibited use 46 of weapons as defined in subdivision two of section 265.35 of the penal 47 law, relating to firearms and other dangerous weapons, [or] failure to 48 disclose the origin of a recording in the first degree as defined in 49 section 275.40 of the penal law, AGRICULTURAL ADULTERATION IN THE SECOND 50 DEGREE AS DEFINED IN SECTION 280.05 OF THE PENAL LAW, OR AGRICULTURAL 51 ADULTERATION IN THE FIRST DEGREE AS DEFINED IN SECTION 280.10 OF THE 52 PENAL LAW; 53 S 28. Paragraph (o) of subdivision 8 of section 700.05 of the criminal 54 procedure law, as amended by chapter 489 of the laws of 2000, is amended 55 to read as follows: S. 5361 32 1 (o) Money laundering in the first degree, as defined in section 470.20 2 of the penal law, money laundering in the second degree as defined in 3 section 470.15 of the penal law, money laundering in the third degree as 4 defined in section 470.10 of such law, [and] money laundering in the 5 fourth degree as defined in section 470.05 of such law, MONEY LAUNDERING 6 IN SUPPORT OF TERRORISM IN THE FOURTH DEGREE AS DEFINED IN SECTION 7 470.21 OF SUCH LAW, MONEY LAUNDERING IN SUPPORT OF TERRORISM IN THE 8 THIRD DEGREE AS DEFINED IN SECTION 470.22 OF SUCH LAW, MONEY LAUNDERING 9 IN SUPPORT OF TERRORISM IN THE SECOND DEGREE AS DEFINED IN SECTION 10 470.23 OF SUCH LAW, AND MONEY LAUNDERING IN SUPPORT OF TERRORISM IN THE 11 FIRST DEGREE AS DEFINED IN SECTION 470.24 OF SUCH LAW, where the proper- 12 ty involved represents or is represented to be the proceeds of specified 13 criminal conduct which itself constitutes a designated offense within 14 the meaning of this subdivision, OR THE PROCEEDS OF AN ACT OF TERRORISM 15 AS DEFINED IN SUBDIVISION ONE OF SECTION 490.05 OF SUCH LAW, OR A MONE- 16 TARY INSTRUMENT GIVEN, RECEIVED OR INTENDED TO BE USED TO SUPPORT A 17 VIOLATION OF ARTICLE FOUR HUNDRED NINETY OF SUCH LAW. 18 S 29. Paragraph (q) of subdivision 8 of section 700.05 of the criminal 19 procedure law, as amended by section 3 of part A of chapter 1 of the 20 laws of 2004, is amended to read as follows: 21 (q) Soliciting or providing support for an act of terrorism in the 22 second degree as defined in section 490.10 of the penal law, soliciting 23 or providing support for an act of terrorism in the first degree as 24 defined in section 490.15 of the penal law, making a terroristic threat 25 as defined in section 490.20 of the penal law, crime of terrorism as 26 defined in section 490.25 of the penal law, CRIME OF CYBER-TERRORISM AS 27 DEFINED IN SECTION 490.27 OF THE PENAL LAW, hindering prosecution of 28 terrorism in the second degree as defined in section 490.30 of the penal 29 law, hindering prosecution of terrorism in the first degree as defined 30 in section 490.35 of the penal law, criminal possession of a chemical 31 weapon or biological weapon in the third degree as defined in section 32 490.37 of the penal law, criminal possession of a chemical weapon or 33 biological weapon in the second degree as defined in section 490.40 of 34 the penal law, criminal possession of a chemical weapon or biological 35 weapon in the first degree as defined in section 490.45 of the penal 36 law, criminal use of a chemical weapon or biological weapon in the third 37 degree as defined in section 490.47 of the penal law, criminal use of a 38 chemical weapon or biological weapon in the second degree as defined in 39 section 490.50 of the penal law, and criminal use of a chemical weapon 40 or biological weapon in the first degree as defined in section 490.55 of 41 the penal law. 42 S 30. Subdivision 2 of section 40.30 of the criminal procedure law is 43 amended by adding a new paragraph (c) to read as follows: 44 (C) SUCH PROSECUTION OCCURRED IN A COURT OF ANY JURISDICTION WITHIN 45 THE UNITED STATES OTHER THAN A COURT OF THIS STATE, AND THE PRESENT 46 PROSECUTION IS FOR AN OFFENSE DEFINED IN ARTICLE FOUR HUNDRED NINETY OF 47 THE PENAL LAW. 48 S 31. Subdivision 9 of section 40.50 of the criminal procedure law, as 49 added by chapter 516 of the laws of 1986, is amended to read as follows: 50 9. A person who has been previously prosecuted for racketeering pursu- 51 ant to federal law, or any comparable offense pursuant to the law of 52 another state may not be subsequently prosecuted for enterprise 53 corruption based upon a pattern of criminal activity that specifically 54 includes a criminal act that was also specifically included in the 55 pattern of racketeering activity upon which the prior charge of racke- 56 teering was based; provided, however, that this section shall not be S. 5361 33 1 construed to prohibit the subsequent prosecution of any other offense 2 specifically included in or otherwise a part of a pattern of racketeer- 3 ing activity alleged in any such prior prosecution for racketeering or 4 other comparable offense, AND SHALL NOT PROHIBIT THE SUBSEQUENT PROSE- 5 CUTION OF ANY OFFENSE UNDER ARTICLE FOUR HUNDRED NINETY OF THE PENAL 6 LAW. 7 S 32. Section 210.40 of the criminal procedure law is amended by 8 adding a new subdivision 2-a to read as follows: 9 2-A. IN ADDITION TO THE GROUNDS SPECIFIED IN SUBDIVISION ONE OF THIS 10 SECTION, UPON ANY MOTION TO DISMISS AN INDICTMENT OR ANY COUNT THEREOF 11 ALLEGING A VIOLATION OF ARTICLE FOUR HUNDRED NINETY OF THE PENAL LAW, 12 THE COURT MUST ALSO CONSIDER WHETHER THE DEFENDANT PREVIOUSLY HAS BEEN 13 PROSECUTED IN A COURT OF ANY OTHER JURISDICTION WITHIN THE UNITED STATES 14 BASED UPON THE SAME ACT OR CRIMINAL TRANSACTION. 15 S 33. Section 710.70 of the criminal procedure law is amended by 16 adding a new subdivision 4 to read as follows: 17 4. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IN A CRIMINAL ACTION IN 18 WHICH THE DEFENDANT IS ACCUSED OF AN OFFENSE DEFINED IN ARTICLE FOUR 19 HUNDRED NINETY OF THE PENAL LAW, THE COURT MAY NOT SUPPRESS EVIDENCE OR 20 ORDER THAT EVIDENCE BE EXCLUDED ON ACCOUNT OF A VIOLATION OF ANY RIGHT 21 ACCORDED BY THE FOURTH AMENDMENT TO THE CONSTITUTION OF THE UNITED 22 STATES OR SECTION TWELVE OF ARTICLE ONE OF THE CONSTITUTION OF THIS 23 STATE, IF THE COURT FINDS AFTER A HEARING THAT THE LAW ENFORCEMENT OFFI- 24 CER OR OFFICERS ACTED IN GOOD FAITH. 25 S 34. The criminal procedure law is amended by adding a new section 26 700.75 to read as follows: 27 S 700.75 ROVING INTERCEPTIONS. 28 IN ANY CASE IN WHICH THE DESIGNATED OFFENSE IS DEFINED IN PARAGRAPH 29 (Q) OF SUBDIVISION EIGHT OF SECTION 700.05 OF THIS ARTICLE, THE REQUIRE- 30 MENTS OF THIS ARTICLE RELATING TO THE SPECIFICATION OF THE FACILITIES 31 FROM WHICH, OR THE PLACE WHERE, THE COMMUNICATION IS TO BE INTERCEPTED 32 DO NOT APPLY IF: 33 1. IN THE CASE OF AN APPLICATION FOR THE INTERCEPTION OF AN ORAL 34 COMMUNICATION: 35 (A) THE APPLICATION CONTAINS A FULL AND COMPLETE STATEMENT AS TO WHY 36 SUCH SPECIFICATION IS NOT PRACTICAL AND IDENTIFIES THE PERSON COMMITTING 37 THE OFFENSE WHOSE COMMUNICATIONS ARE TO BE INTERCEPTED; AND (B) THE 38 COURT FINDS THAT SUCH SPECIFICATION IS NOT PRACTICAL; OR 39 2. IN THE CASE OF AN APPLICATION WITH RESPECT TO INTERCEPTION OF A 40 WIRE OR ELECTRONIC COMMUNICATION: 41 (A) THE APPLICATION IDENTIFIES THE PERSON BELIEVED TO BE COMMITTING 42 THE OFFENSE AND WHOSE COMMUNICATIONS ARE TO BE INTERCEPTED AND THE 43 APPLICANT MAKES A SHOWING OF A PURPOSE, ON THE PART OF THAT PERSON, TO 44 THWART INTERCEPTION BY CHANGING FACILITIES; AND (B) THE COURT FINDS THAT 45 SUCH PURPOSE HAS BEEN ADEQUATELY SHOWN. 46 3. INTERCEPTION OF COMMUNICATIONS UNDER AN ORDER ISSUED PURSUANT TO 47 THIS SECTION SHALL NOT BEGIN UNTIL THE FACILITIES FROM WHICH, OR THE 48 PLACE WHERE, THE COMMUNICATION IS TO BE INTERCEPTED IS ASCERTAINED BY 49 THE PERSON IMPLEMENTING THE INTERCEPTION ORDER. A PROVIDER OF WIRE OR 50 ELECTRONIC COMMUNICATIONS SERVICE THAT HAS RECEIVED AN ORDER AS PROVIDED 51 FOR IN SUBDIVISION TWO OF THIS SECTION MAY MOVE THE COURT TO MODIFY OR 52 QUASH THE ORDER ON THE GROUNDS THAT ITS ASSISTANCE WITH RESPECT TO THE 53 INTERCEPTION CANNOT BE PERFORMED IN A TIMELY OR REASONABLE FASHION. THE 54 COURT, UPON NOTICE TO THE APPLICANT, SHALL DECIDE SUCH MOTION EXPE- 55 DITIOUSLY. S. 5361 34 1 S 35. Subdivision 6 of section 1310 of the civil practice law and 2 rules, as added by chapter 669 of the laws of 1984, is amended to read 3 as follows: 4 6. "Pre-conviction forfeiture crime" means only a felony defined in 5 article two hundred twenty or section 221.30 [or], 221.55, 470.21, 6 470.22, 470.23, OR 470.24 of the penal law. 7 S 36. Section 1311-a of the civil practice law and rules is amended by 8 adding a new subdivision 7 to read as follows: 9 7. A SUBPOENA DUCES TECUM ISSUED UNDER THIS SECTION OR ANY OTHER 10 PROVISION OF LAW IN AID OF A CIVIL FORFEITURE ACTION MAY REQUIRE THE 11 PRODUCTION OF RECORDS BY ANY PERSON OR ENTITY PRESENT IN THE STATE OR 12 DOING BUSINESS IN THE STATE PERTAINING TO PROPERTY LOCATED WITHIN OR 13 WITHOUT THE STATE. 14 S 37. The opening paragraph of section 1313 of the civil practice law 15 and rules is designated subdivision 1 and a new subdivision 2 is added 16 to read as follows: 17 2. ANY PERSON OR ENTITY PRESENT IN THE STATE OR DOING BUSINESS IN THE 18 STATE AND IN POSSESSION OR CONTROL OF PROPERTY AGAINST WHICH A FORFEI- 19 TURE JUDGMENT MAY BE ENFORCED MUST COMPLY WITH A TEMPORARY RESTRAINING 20 ORDER OR PRELIMINARY INJUNCTION ISSUED UNDER THIS ARTICLE WITH RESPECT 21 TO PROPERTY LOCATED WITHIN OR WITHOUT THE STATE. A CLAIMING AUTHORITY 22 MAY SEEK AN ORDER DIRECTING THAT SUCH PERSON OR ENTITY TRANSFER THE 23 PROPERTY TO THE CLAIMING AGENT TO BE HELD DURING THE PENDENCY OF THE 24 ACTION. 25 S 38. The tax law is amended by adding a new section 30 to read as 26 follows: 27 S 30. DISCLOSURE OF TAX RETURNS OR REPORTS OF PARTICULARS THEREIN IN 28 INVESTIGATION OR PROSECUTION OF STATE OR FEDERAL TERRORISM OFFENSES; 29 SECRECY REQUIREMENT AND PENALTY FOR VIOLATION. (A) DISCLOSURE OF TAX 30 RETURNS OR REPORTS OR PARTICULARS THEREIN IN CASES INVOLVING STATE OR 31 FEDERAL TERRORISM OFFENSES. (1) NOTWITHSTANDING ANY PROVISION OF LAW TO 32 THE CONTRARY, THE COMMISSIONER MAY DIVULGE, MAKE KNOWN OR DISCLOSE 33 RETURNS OR REPORTS OR PARTICULARS SET FORTH OR DISCLOSED IN ANY RETURN 34 OR REPORT REQUIRED UNDER ANY TAX OR OTHER IMPOSITION ADMINISTERED BY THE 35 COMMISSIONER UPON THE GRANT OF AN EX PARTE ORDER ISSUED BY A SUPERIOR 36 COURT UNDER PARAGRAPH TWO OF THIS SUBDIVISION, OR IN RESPONSE TO A GRAND 37 JURY SUBPOENA OR UPON A PARTICULARIZED WRITTEN REQUEST OF THE ATTORNEY 38 GENERAL, A STATE DISTRICT ATTORNEY, A FEDERAL PROSECUTOR, AN INDIVIDUAL 39 SPECIFIED IN 26 U.S.C. 6103(I)(1)(B) OR ANY OTHER ATTORNEY REPRESENTING 40 THE STATE OR THE UNITED STATES, WHICH STATES THAT SUCH INFORMATION IS 41 SOUGHT IN CONNECTION WITH AN INVESTIGATION OR PROSECUTION OF AN ACT OR 42 ACTS IN VIOLATION OF SECTION 470.21, 470.22, 470.23 OR 470.24 OR ARTICLE 43 FOUR HUNDRED NINETY OF THE PENAL LAW OR A FEDERAL TERRORISM OFFENSE AND 44 THE INFORMATION IS OR MAY BE RELEVANT TO THE COMMISSION OF SUCH ACT OR 45 ACTS. ANY SUCH RETURN OR REPORT OR PARTICULARS MAY BE REDISCLOSED TO 46 FEDERAL, STATE OR LOCAL LAW ENFORCEMENT OFFICIALS PARTICIPATING IN THE 47 INVESTIGATION OF TERRORIST ACTS OR THREATS. 48 (2) SUCH ATTORNEY GENERAL, DISTRICT ATTORNEY, FEDERAL PROSECUTOR, 49 INDIVIDUAL SPECIFIED IN 26 U.S.C. 6103(I)(1)(B) OR OTHER ATTORNEY 50 REPRESENTING THE STATE OR THE UNITED STATES MAY MAKE AN APPLICATION TO A 51 SUPERIOR COURT FOR THE ORDER REFERRED TO IN PARAGRAPH ONE OF THIS SUBDI- 52 VISION. UPON SUCH APPLICATION, SUCH COURT MAY GRANT SUCH ORDER IF IT 53 DETERMINES ON THE BASIS OF THE FACTS SUBMITTED BY THE APPLICANT THAT: 54 (A) THERE IS REASONABLE CAUSE TO BELIEVE THAT A CRIME IN VIOLATION OF 55 SECTION 470.21, 470.22, 470.23 OR 470.24 OR ARTICLE FOUR HUNDRED NINETY 56 OF THE PENAL LAW OR A FEDERAL TERRORISM OFFENSE HAS BEEN COMMITTED; S. 5361 35 1 (B) THERE IS REASONABLE CAUSE TO BELIEVE THAT SUCH RETURN OR REPORT OR 2 PARTICULARS ARE OR MAY BE RELEVANT TO A MATTER RELATING TO THE COMMIS- 3 SION OF SUCH CRIME IN VIOLATION OF SECTION 470.21, 470.22, 470.23 OR 4 470.24 OR ARTICLE FOUR HUNDRED NINETY OF THE PENAL LAW OR A FEDERAL 5 TERRORISM OFFENSE; AND 6 (C) SUCH RETURN OR REPORT OR PARTICULARS ARE SOUGHT EXCLUSIVELY FOR 7 USE IN THE STATE OR A FEDERAL CRIMINAL INVESTIGATION OR PROCEEDING 8 CONCERNING SUCH CRIME IN VIOLATION OF SECTION 470.21, 470.22, 470.23 OR 9 470.24 OR ARTICLE FOUR HUNDRED NINETY OF THE PENAL LAW OR A FEDERAL 10 TERRORISM OFFENSE, AND THE INFORMATION SOUGHT TO BE DISCLOSED CANNOT 11 REASONABLY BE OBTAINED, UNDER THE CIRCUMSTANCES, FROM ANOTHER SOURCE. 12 (3) IF ANY PERSON SPECIFIED IN PARAGRAPH ONE OF THIS SUBDIVISION HAS 13 RECEIVED ANY SUCH RETURN OR REPORT OR PARTICULARS PURSUANT TO THE 14 PROVISIONS OF THIS SUBDIVISION, THEN SUCH PERSON MAY DISCLOSE TO THE 15 COMMISSIONER ANY INFORMATION DISCOVERED DURING THE COURSE OF ANY INVES- 16 TIGATION OR JUDICIAL PROCEEDING REFERRED TO IN THIS SUBDIVISION, WHICH 17 MAY RELATE TO A VIOLATION OR VIOLATIONS OF THE PROVISIONS OF ANY TAX OR 18 OTHER IMPOSITION ADMINISTERED BY THE COMMISSIONER. 19 (4) IF SUCH ATTORNEY GENERAL, DISTRICT ATTORNEY, FEDERAL PROSECUTOR, 20 INDIVIDUAL SPECIFIED IN 26 U.S.C. 6103(I)(1)(B) OR OTHER ATTORNEY 21 REPRESENTING THE STATE OR THE UNITED STATES HAS OBTAINED ANY SUCH 22 RETURNS OR REPORTS OR PARTICULARS PURSUANT TO THE PROVISIONS OF THIS 23 SUBDIVISION, THEN SUCH RETURNS OR REPORTS OR PARTICULARS MAY BE ADMITTED 24 INTO EVIDENCE AND DISCLOSED IN ANY JUDICIAL PROCEEDING PERTAINING TO 25 ENFORCEMENT OF A CRIME IN VIOLATION OF SECTION 470.21, 470.22, 470.23 OR 26 470.24 OR ARTICLE FOUR HUNDRED NINETY OF THE PENAL LAW OR A FEDERAL 27 TERRORISM OFFENSE OR RELATED CIVIL FORFEITURE (NOT INVOLVING TAX ADMIN- 28 ISTRATION) TO WHICH THE STATE OR THE UNITED STATES IS A PARTY. 29 (B) THIS SECTION SHALL NOT APPLY TO ANY DISCLOSURE OF THE RETURNS OR 30 REPORTS OR PARTICULARS DESCRIBED IN SUBDIVISION (A) OF THIS SECTION TO 31 THE EXTENT THAT SUCH DISCLOSURE IS PERMITTED OR AUTHORIZED BY ANY OTHER 32 PROVISION OF THIS CHAPTER OR ANY PROVISION OF ANY TAX OR OTHER IMPOSI- 33 TION ADMINISTERED BY THE COMMISSIONER. 34 (C) SECRECY REQUIREMENT AND PENALTY FOR VIOLATION. (1) EXCEPT IN 35 ACCORDANCE WITH PROPER JUDICIAL ORDER OR AS OTHERWISE PROVIDED BY LAW, 36 IT SHALL BE UNLAWFUL FOR ANY PERSON TO WHOM THE RETURNS OR REPORTS OR 37 PARTICULARS DESCRIBED IN SUBDIVISION (A) OF THIS SECTION ARE DISCLOSED 38 IN ACCORDANCE WITH THIS SECTION TO DIVULGE OR MAKE KNOWN IN ANY MANNER 39 SUCH INCOME OR PARTICULARS FOR USES NOT AUTHORIZED UNDER THIS SECTION. 40 (2) CROSS-REFERENCE. FOR CRIMINAL PENALTIES, SEE ARTICLE 37 OF THIS 41 CHAPTER. 42 S 39. Section 1825 of the tax law, as amended by section 2 of part N 43 of chapter 686 of the laws of 2003, is amended to read as follows: 44 S 1825. Violation of secrecy provisions of the tax law.--Any person 45 who violates the provisions of subdivision (b) of section twenty-one AS 46 ADDED BY CHAPTER 686 OF THE LAWS OF 2003, SECTION TWENTY-EIGHT, subdivi- 47 sion one of section two hundred two, subdivision eight of section two 48 hundred eleven, subdivision (a) of section three hundred fourteen, 49 subdivision one or two of section four hundred thirty-seven, section 50 four hundred eighty-seven, subdivision one or two of section five 51 hundred fourteen, subsection (e) of section six hundred ninety-seven, 52 subsection (a) of section nine hundred ninety-four, subdivision (a) of 53 section eleven hundred forty-six, subdivision (a) of section fourteen 54 hundred eighteen, subsection (a) of section fourteen hundred sixty-sev- 55 en, subdivision (a) of section fifteen hundred eighteen, subdivision (a) 56 of section fifteen hundred fifty-five of this chapter, and subdivision S. 5361 36 1 (e) of section 11-1797 of the administrative code of the city of New 2 York shall be guilty of a misdemeanor. 3 S 40. Subdivision 1 of section 21 of the executive law, as amended by 4 chapter 346 of the laws of 2002, is amended to read as follows: 5 1. There is hereby created in the executive department a disaster 6 preparedness commission consisting of the commissioners of transporta- 7 tion, health, division of criminal justice services, education, social 8 services, economic development, agriculture and markets, housing and 9 community renewal, general services, labor, environmental conservation, 10 mental health, the president of the New York state energy research and 11 development authority, the superintendents of state police, insurance, 12 banking, the secretary of state, the state fire administrator, the chair 13 of the public service commission, the adjutant general, the director of 14 the state office for technology, the chairman of the thruway authority, 15 THE DIRECTOR OF THE OFFICE OF HOMELAND SECURITY, the chief professional 16 officer of the state coordinating chapter of the American Red Cross and 17 three additional members, to be appointed by the governor, two of whom 18 shall be chief executives. The governor shall designate the chair of the 19 commission. The members of the commission, except those who serve ex 20 officio, shall be allowed their actual and necessary expenses incurred 21 in the performance of their duties under this article but shall receive 22 no additional compensation for services rendered pursuant to this arti- 23 cle. 24 S 41. If any item, clause, sentence, subparagraph, subdivision, 25 section or other part of this act, or the application thereof to any 26 person or circumstances shall be held to be invalid, such holding shall 27 not affect, impair or invalidate the remainder of this act, or the 28 application of such section or part of a section held invalid, to any 29 other person or circumstances, but shall be confined in its operation to 30 the item, clause, sentence, subparagraph, subdivision, section or other 31 part of this act directly involved in such holding, or to the person and 32 circumstances therein involved. 33 S 42. This act shall take effect immediately, provided, however, that 34 the provisions of section 700.75 of the criminal procedure law, as added 35 by section thirty-four of this act, and the provisions of section 30 of 36 the tax law, as added by section thirty-eight of this act, shall expire 37 and be deemed repealed two years after such date.