Header:
NEW YORK CODES, RULES AND REGULATIONS
TITLE 9. EXECUTIVE DEPARTMENT
SUBTITLE A. GOVERNOR'S OFFICE
CHAPTER I. EXECUTIVE ORDERS
PART 5. EXECUTIVE ORDERS (GEORGE E. PATAKI)
Date:
08/31/2009
Document:
ยง 5.113.19-A A Executive Order-No. 113.19-A: Amending Executive Order 113.19, Authorizing Forensic Identification Testing
WHEREAS, on September 11, 2001, I issued Executive Order Number 113 declaring a disaster emergency in the State of New York;
NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby continue Executive Order Number 113, dated September 11, 2001, except that such Executive Order is amended to read as follows: FURTHER, pursuant to the authority vested in me by Section 29-a of Article 2-B of the Executive Law to temporarily suspend specific provisions of any statute, local law, ordinance, orders, rules or regulations, or parts thereof, of any agency during a State disaster emergency, if compliance with such provisions would prevent, hinder or delay action necessary to cope with the disaster, I hereby temporarily suspend, from the date the disaster emergency was declared, pursuant to Executive Order Number 113, issued on September 11, 2001 until further notice, the following laws: Sections 574, 575 and 576 of the Public Health Law and Part 19 and Subparts 58-1 and 58-3 of Title 10 of the New York Code of Rules and Regulations, so far as the Commissioner of Health, in consultation with the Commissioner of the Division of Criminal Justice Services, determines that such suspension is necessary to authorize specific laboratories to perform forensic identity testing as expeditiously and accurately as possible to assist in the identification of the remains of decedents found at or near the site of the World Trade Center on or after September 11, 2001; and
Subdivisions (2) and (3) of section 79-1 of the Civil Rights Law and section 995-d of the Executive Law to the extent necessary to permit forensic identity testing and disclosure of test results without the prior written consent of the subject or other person authorized to consent for the subject; provided, however, that any information obtained from such testing shall be used solely for the purposes of: (a) assisting in the identification of the remains of decedents found at or near the site of the World Trade Center on or after September 11, 2001, including - without limitation - identification for the purpose of civil or criminal actions or proceedings, and (b) expediting the notification process to assist the families of the victims of the World Trade Center attacks. Signed: George E. Pataki
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