BILL NUMBER: S5926
SPONSOR: SALAZAR
 
TITLE OF BILL:
An act to amend the public health law, in relation to establishing a
COVID-19 pandemic response study commission; and providing for the
repeal of such provisions upon expiration thereof
 
PURPOSE OR GENERAL IDEA OF BILL:
Establishes a COVID-19 pandemic response study commission.
 
SUMMARY OF PROVISIONS:
Section 1 establishes definitions of "COVID-19 pandemic" and "commis-
sion" in public health law section 2180.
Section 2 amends public health law by adding a new section 2184. It
recognizes that COVID-19 hit New York particularly hard by claiming more
75,000 lives, and that the state has a duty to create a commission to
carefully review the events of the coronavirus pandemic. It establishes
a pandemic response study commission that will have sixteen voting
members:
*three each appointed by Assembly speaker and Senate majority leader;
*one each appointed by Assembly and Senate minority leaders;
*eight members, including the chair, appointed by the governor, includ-
ing one of whom shall be designated by the governor as the chair of the
commission
The commissioners of the Department of Health and the Department of
Homeland Security and Emergency Services (or their designees) would sit
as non-voting, ex officio members.
Appointees will be selected based on their expertise or experience in
relevant fields, including health care, public health, emergency
procurement, emergency management, labor and business and at least one
member will have particular expertise or experience in addressing the
healthcare needs of the vulnerable communities who were hit hardest by
COVID-19. The commission's proceedings and operations will be subject to
the Open Meetings and Freedom of Information laws.
The commission will have a mandate to:
*Hold initial hearings throughout the state with invited experts and
participants, as well as at least one hearing open to general public
comment;
*Investigate all aspects of the state's pandemic response; *Issue a
draft report of its findings;
*Hold hearings on the draft report; and
*Publish a final report, including factual findings. The commission will
have authority to:
*Hire employees and execute contracts;
*Access state records and documents, including confidential materials;
*Interview witnesses and, where necessary, issue subpoenas;
*Conduct or solicit scientific research. The legislation calls for issu-
ance of its draft report within one year and publication of its final
findings within 18 months.
Section 3 sets the effective date.
 
JUSTIFICATION:
The COVID-19 pandemic has undeniably been one of the greatest crises to
impact New Yorkers in a generation. To date, almost 80,000 New Yorkers
have lost their lives to the pandemic making it the deadliest disaster
in state history. Given the massive loss of life, the state has an obli-
gation to have an independent commission review what went wrong and why.
The historic moment demands something more - the establishing of a
special commission of outside experts with subpoena powers and independ-
ence, a composition including a broad segment of stakeholders with
public hearings and a requirement to report its findings. This will
allow the commission to be given full access to data and testimony, free
rein to follow the evidence, and a mandate for a report with full factu-
al findings.
 
PRIOR LEGISLATIVE HISTORY:
SENATE:
2023-2024 - S 8168A (Salazar) - referred to Health, amended.
ASSEMBLY:
2023-2024 - A 8053B (Gonzalez-Rojas) - referred to Governmental Oper-
ations, amended.
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None determined.
 
EFFECTIVE DATE:
This act shall take effect immediately and shall expire and be deemed
repealed upon the issuance of the commission's final report as required
pursuant to subdivision 3 of section 2184 of the public health law, as
added by section two of this act; provided, however, that the commis-
sioner of health or the commissioner of the division of homeland 18
security and emergency services shall notify the legislative bill draft-
ing commission upon the occurrence of the delivery of the report or the
continuance of such commission provided for in subdivision 3 of section
2184 of the public health law as added by section two of this act in
order that the commission may maintain an accurate and timely effective
database of the official text of the laws of the state of New York in
furtherance of effectuating the provisions of section 44 of the legisla-
tive law and section 70-b of the public officers law.

Statutes affected:
S5926: 2180 public health law