S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5926

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              June 18, 2009
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the executive law, in relation to requiring counties  to
  maintain a registry of people of all ages with disabilities for evacu-
  ation and sheltering during disasters

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 23-a of the executive law, as added by chapter  658
of the laws of 1996, is amended to read as follows:
  S  23-a. County registry of [disabled persons] PEOPLE OF ALL AGES WITH
DISABILITIES, AS THAT TERM  IS  DEFINED  IN  SUBDIVISION  TWENTY-ONE  OF
SECTION  TWO  HUNDRED  NINETY-TWO  OF THIS CHAPTER; notice.  1.  In each
county having a local disaster preparedness  plan  pursuant  to  section
twenty-three  of  this  article,  in  order to meet the special needs of
persons OF ALL AGES WITH DISABILITIES who would need  assistance  during
evacuations  and  sheltering  because  of physical or mental [handicaps]
DISABILITIES, it [is recommended] SHALL  BE  REQUIRED  that  each  chief
executive  maintain  a registry of [disabled persons] PEOPLE OF ALL AGES
WITH DISABILITIES located within the county.   PEOPLE OF ALL  AGES  WITH
DISABILITIES  SHALL BE GIVEN THE OPTION NOT TO BE INCLUDED IN THE REGIS-
TRY. The registration shall identify those persons in need of assistance
and plan for resource allocation to meet those  identified  needs.    To
assist  the  chief  executive  in  identifying  such persons, the county
department of health, THE COUNTY  DEPARTMENT  OF  SOCIAL  SERVICES,  THE
COUNTY  DEPARTMENT  OF MENTAL HEALTH, or such other county department or
agency as designated by the chief executive, shall  provide  [voluntary]
registration  information  to  all of its [special needs] clients OF ALL
AGES WITH DISABILITIES and to all incoming clients as part of the intake
process.   The registry shall be updated  annually.    The  registration
program shall give [disabled persons] SUCH PEOPLE OF ALL AGES WITH DISA-
BILITIES  the  option of pre-authorizing emergency response personnel to

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03314-01-9
              

S. 5926                             2

enter their homes during search and rescue operations  if  necessary  to
assure their safety and welfare during disasters.
  2.  Upon  the  establishment  of  a  [voluntary] registry of [disabled
persons] PEOPLE OF ALL AGES WITH DISABILITIES as provided in subdivision
one of this section, the chief executive shall make such registry avail-
able to the appropriate county, state and federal agencies for their use
in delivering services in the event of a local or  state  disaster.  The
chief  executive shall[, upon the request of the state emergency manage-
ment office,] provide such registry  information  to  [such]  THE  STATE
EMERGENCY MANAGEMENT office. The chief executive may, at his discretion,
use  the  registry  information  for local disaster preparedness only in
coordination with other political subdivisions of the state.
  3.   Upon the establishment of a  [voluntary]  registry  of  [disabled
persons] PEOPLE OF ALL AGES WITH DISABILITIES as provided in subdivision
one  of this section, at least semi-annually, each chief executive shall
cause to be published in a newspaper of general circulation  within  the
county  a  notice  of  the  availability of the [voluntary] registration
program.
  4. All records, data, information, correspondence  and  communications
relating  to  the  registration of [disabled persons] PEOPLE OF ALL AGES
WITH DISABILITIES as provided in subdivision one  of  this  section  are
confidential,  except  that such information shall be available to other
county chief executives for local  disaster  preparedness  only  as  the
chief executive of the county maintaining such registry deems necessary.
Provided,  however,  the  individual  file of a person having registered
with the registry of [disabled persons] PEOPLE OF ALL AGES WITH DISABIL-
ITIES shall be made available to that person upon request.
  5. All community-based services providers, including home health  care
providers,  shall  assist the chief executive by collecting registration
information for people with special needs  as  part  of  program  intake
processes, establishing programs to increase the awareness of the regis-
tration  process, and educating clients about the procedures that may be
necessary for their safety during disasters.
  6. A county shall not be liable for any claim based upon  the  REASON-
ABLE,  good  faith exercise or performance or the REASONABLE, good faith
failure to exercise or perform a function or duty on  the  part  of  any
officer or employee in carrying out a local disaster preparedness plan.
  S  2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.