Bill Text: NY S06692 | 2015-2016 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to comprehensive emergency management plans' provisions for homecare and hospice in counties and in cities with a population of one million or more.

Spectrum: Slight Partisan Bill (Republican 4-2)

Status: (Vetoed) 2016-11-28 - VETOED MEMO.279 [S06692 Detail]

Download: New_York-2015-S06692-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         6692--A
                    IN SENATE
                                    February 5, 2016
                                       ___________
        Introduced by Sens. LANZA, CROCI, GALLIVAN, HANNON, PERSAUD, STAVISKY --
          read  twice  and  ordered printed, and when printed to be committed to
          the Committee on Veterans, Homeland Security and Military  Affairs  --
          reported  favorably from said committee and committed to the Committee
          on Finance -- committee discharged, bill amended, ordered reprinted as
          amended and recommitted to said committee
        AN ACT to amend the executive law, in relation to provisions  for  home-
          care and hospice in comprehensive emergency management plans
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 1 of  section  23  of  the  executive  law,  as
     2  amended  by  section  4  of part B of chapter 56 of the laws of 2010, is
     3  amended to read as follows:
     4    1. Each county, except those contained within the city  of  New  York,
     5  and  each city with a population of one million or more, shall prepare a
     6  comprehensive emergency management plan. Each city with a population  of
     7  less  than  one  million,  town  and  village is authorized to prepare a
     8  comprehensive emergency management [plans] plan.  The disaster prepared-
     9  ness commission shall provide assistance and advice for the  development
    10  of  such  plans.  [City]  Each  city  with a population of less than one
    11  million, town and village [plans] plan shall  be  coordinated  with  the
    12  county plan.
    13    §  2.  Subdivision 5 of section 23 of the executive law, as amended by
    14  section 4 of part B of chapter 56 of the laws of  2010,  is  amended  to
    15  read as follows:
    16    5.  In  preparing such plans, cooperation, advice and assistance shall
    17  be sought from local government officials, regional and  local  planning
    18  agencies,  police  agencies,  fire departments and fire companies, local
    19  emergency  management  agencies,  commercial  and  volunteer   ambulance
    20  services,  health  and social services officials, community action agen-
    21  cies, the chief administrator  of  the  courts,  organizations  for  the
    22  elderly  and  the  handicapped,  agencies and organizations that provide
    23  home health care  services,  agencies  and  organizations  that  provide
    24  hospice  services,  other interested groups and the general public. Such
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01699-09-6
        S. 6692--A                          2
     1  advice and assistance may be obtained through public  hearings  held  on
     2  public notice, or through other appropriate and practical methods.
     3    §  3.  Subparagraphs  17  and  18  of  paragraph b of subdivision 7 of
     4  section 23 of the executive law, as amended by section 4 of  part  B  of
     5  chapter 56 of the laws of 2010, are amended and a new subparagraph 19 is
     6  added to read as follows:
     7    (17)  continued  operation  of  governments of political subdivisions;
     8  [and]
     9    (18) utilization and coordination of programs  to  assist  individuals
    10  with  household  pets  and  service  animals  following a disaster, with
    11  particular attention to means of evacuation, shelter and  transportation
    12  options[.]; and
    13    (19)  procedures  for  allowing  access  by  physicians, nurses, other
    14  medical professionals, personnel of certified home health agencies, long
    15  term home health care programs or licensed home care  services  agencies
    16  governed  under article thirty-six of the public health law, and person-
    17  nel of hospices certified pursuant to article forty of the public health
    18  law or any other personnel deemed necessary to provide vital health care
    19  to individuals in their care; such procedures  shall  also  address  how
    20  such  professionals  and  personnel will be required to be identified in
    21  order to gain access to areas where access has otherwise been restricted
    22  or subject to curfew in  declared  emergencies.  Such  procedures  shall
    23  ensure  that  access  by such professionals and personnel in areas where
    24  access has otherwise been restricted or subject to curfew shall  not  be
    25  construed  to prohibit local emergency management officials from denying
    26  such access when in  their  discretion  conditions  necessitate  such  a
    27  denial.
    28    §  4.  Each  county, and each city with a population of one million or
    29  more, that on the effective date of this  act  has  already  prepared  a
    30  comprehensive  emergency  management  plan shall revise such plan in the
    31  event such revisions are needed to comply with the  provisions  of  this
    32  act,  and  shall  submit  such  revised plan to the division of homeland
    33  security and emergency services on or before the one  hundred  eightieth
    34  day after the effective date of this act.
    35    §  5. Paragraph a of subdivision 1 of section 24 of the executive law,
    36  as added by chapter 640 of the laws of  1978,  is  amended  to  read  as
    37  follows:
    38    a.  the  establishment  of a curfew and the prohibition and control of
    39  pedestrian and vehicular traffic, except  essential  emergency  vehicles
    40  and personnel, and as consistent with this article;
    41    § 6. This act shall take effect immediately.