NY State Assembly Bill 2009-A10520

Assembly Bill A10520

2009-2010 Legislative Session

Adds elderly persons to disaster preparedness registries and creates a state emergency assistance database

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Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 02, 2010	referred to governmental operations

2009-A10520 (ACTIVE) - Details

Current Committee:: Assembly Governmental Operations
Law Section:: Executive Law
Laws Affected:: Amd §23-a, Exec L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A1524
2013-2014: A6194
2015-2016: A1741

2009-A10520 (ACTIVE) - Summary

Adds elderly persons to disaster preparedness registries and creates a state emergency assistance database; provides that the disaster preparedness commission shall establish the state emergency assistance database, all records relating to SEAD shall be confidential and the commission shall not be liable for any claim based upon a good faith exercise or performance of duty.

2009-A10520 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A10520

TITLE OF BILL:
An act
to amend the executive law, in relation to adding elderly persons
to disaster preparedness registries and creating a state emergency
assistance database

PURPOSE OR GENERAL IDEA OF BILL:
Requires, rather than authorizes,
county governments to maintain a registry of disabled persons to be
used for disaster preparedness, and to include elderly persons in
that registry. The bill directs the State Emergency Management Office
(SEMO) to collect the county disaster preparedness registries for
inclusion in a State Emergency Management Database.

SUMMARY OF SPECIFIC PROVISIONS:
Section One: Amends
section 23-a of
the Executive Law to direct, rather than recommend, that all county
chief executives maintain county registry of disabled or elderly
persons located within that county for purposes of local disaster
preparedness, and expands the definition of persons who may be placed
in such a registry to include anyone whose ability to care for
themselves during an emergency situation is adversely affected by
advanced age, or permanent or temporary medical condition.

Registration would continue to remain voluntary for all individuals.

Section Two: Creates a new Section 23-b of the Executive Law, which
directs SEMO to establish The state Emergency Assistance Database
(SEAD). The SEAD is to be a comprehensive listing of all persons
located ill New York state, who have voluntarily requested placement
on any county registry of elderly or disabled persons as established
by section 1 of this Bill, and in addition may SEAD may accept
voluntary registrants directly as needed. The State Emergency
Assistance Database may be made accessible to all such appropriate
state and county emergency response personnel and organizations as
appropriate.

Section Three contains the effective date.

JUSTIFICATION:
One of the primary functions of
government at all
levels must be to properly care for all of its citizens during
natural or man-made disasters. In the case of elderly citizens, or
those who live with one or more disabilities, a disaster is
particularly dangerous, and disasters which may merely tax the
patience and endurance of most New Yorkers may be absolutely
life threatening for these individuals.  When time and resources
are limited, as they are for almost any level of government during

a disaster. it is imperative that emergency responders and relief
workers are able to quickly identify those whose
emergency managers be able to properly plan for all phases of disaster
recovery well before it happens. In time of crisis, it would be very
reassuring for scared and vulnerable persons to know that the
authorities are aware of their location and can monitor their
condition, and it would certainly relieve much of their anxiety to
hear from emergency response personnel as soon as possible. At the
same time, the bill respects the privacy of those who would prefer
not to be so registered by allowing this to be a voluntary program
for individuals.

This bill expands upon an existing state program where counties were
authorized to maintain a registry of their most vulnerable
populations, and requires those counties which were not doing so to
now commence. The bill goes on to establish a Statewide directory
made up of all of the county registries, which could be then used for
planning purposes by SEMO, shared with FEMA or agencies from other
states arriving to offer assistance, or other agencies within state
government.

PRIOR LEGISLATIVE HISTORY:
2008: A.5806; Held for consideration in Governmental Operations
2007: A.5806; Referred to Governmental Operations
2006: A.10861; Referred to Government Operations

EFFECTIVE DATE:
This act shall take effect immediately.

2009-A10520 (ACTIVE) - Bill Text download pdf

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

                                  10520

                          I N  A S S E M B L Y

                              April 2, 2010
                               ___________

Introduced  by M. of A. TEDISCO -- read once and referred to the Commit-
  tee on Governmental Operations

AN ACT to amend the executive law, in relation to adding elderly persons
  to disaster preparedness registries and  creating  a  state  emergency
  assistance database

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

  Section 1. The section heading and subdivisions  1,  2,  3  and  4  of
section  23-a  of the executive law, as added by chapter 658 of the laws
of 1996, are amended to read as follows:
  County registry of ELDERLY OR disabled persons; 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  who would need assistance during evacuations OR OTHER EMERGENCY
SITUATIONS and sheltering because of physical or mental  handicaps,  [it
is  recommended  that] OR WHOSE ABILITY TO CARE FOR THEMSELVES DURING AN
EMERGENCY SITUATION IS ADVERSELY AFFECTED BY ADVANCED AGE, OR  PERMANENT
OR  TEMPORARY  MEDICAL  CONDITION, each chief executive SHALL maintain a
registry of ELDERLY OR disabled persons located within the county.   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,  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 and to all incoming clients as part of  the
intake  process.    The registry shall be updated annually AT A MINIMUM.
The registration program shall give  ELDERLY  OR  disabled  persons  the
option  of  pre-authorizing  emergency response personnel to 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 ELDERLY OR disa-
bled persons as provided in subdivision one of this section,  the  chief
executive  shall make such registry available to the appropriate county,
state and federal agencies for their use in delivering services  in  the

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

                                                           LBD15943-01-0

A. 10520                            2

event of a local or state disaster. The chief executive shall[, upon the
request of the state emergency management office,] provide such registry
information  to  [such  office]  THE  STATE EMERGENCY MANAGEMENT OFFICE,
INCLUDING ALL ANNUAL UPDATES TO SUCH REGISTRY INFORMATION, FOR PLACEMENT
IN  THE STATE EMERGENCY ASSISTANCE DATABASE. 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 ELDERLY OR disa-
bled persons 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 ELDERLY OR disabled persons 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  indi-
vidual  file of a person having registered with the registry of disabled
persons shall be made available to that person upon request.
  S 2. Section 23-a of the executive law is  amended  by  adding  a  new
subdivision 7 to read as follows:
  7.  (A)  THE COMMISSION SHALL ESTABLISH THE STATE EMERGENCY ASSISTANCE
DATABASE (SEAD). THE SEAD  SHALL  BE  A  COMPREHENSIVE  LISTING  OF  ALL
PERSONS  LOCATED  IN THE STATE, WHO HAVE VOLUNTARILY REQUESTED PLACEMENT
ON ANY COUNTY REGISTRY OF ELDERLY OR  DISABLED  PERSONS  AS  ESTABLISHED
PURSUANT  TO THIS SECTION, AND IN ADDITION SHALL ACCEPT VOLUNTARY REGIS-
TRANTS DIRECTLY AS NEEDED, AT WHICH TIME SUCH  REGISTRATION  INFORMATION
COLLECTED SHALL BE FORWARDED TO THE APPROPRIATE COUNTY REGISTRY.
  (B)  THE  SEAD  SHALL BE MADE ACCESSIBLE TO ALL SUCH APPROPRIATE STATE
AND COUNTY EMERGENCY RESPONSE PERSONNEL  AND  ORGANIZATIONS  AS  MAY  BE
DEEMED  APPROPRIATE  BY  THE  COMMISSION  IN  ORDER TO PROPERLY PLAN FOR
SECURING THE NEEDS, SAFETY, AND  WELL-BEING  OF  THE  REGISTRANTS.  THIS
SHALL  INCLUDE, BUT NOT BE LIMITED TO, PLANNING FOR EVACUATIONS, ASSESS-
ING THE NEED FOR INDIVIDUAL EVACUATIONS DURING EMERGENCY SITUATIONS THAT
MAY NOT REQUIRE THE EVACUATION OF  THE  GENERAL  PUBLIC,  PREPOSITIONING
EQUIPMENT  AND  SUPPLIES, OR SUCH OTHER MEASURES AS THE COMMISSION DEEMS
NECESSARY TO ACCOMPLISH THE OBJECTIVES OF THIS ARTICLE. IN ADDITION, THE
SEAD SHALL BE MADE  ACCESSIBLE  TO  ALL  APPROPRIATE  FEDERAL  EMERGENCY
RESPONSE  ORGANIZATIONS AND SHALL BE MADE AVAILABLE TO SUCH OTHER VOLUN-
TARY RELIEF ORGANIZATIONS AS THE COMMISSION DEEMS NECESSARY.
  (C) ALL RECORDS, DATA, INFORMATION, CORRESPONDENCE AND  COMMUNICATIONS
RELATING TO THE SEAD SHALL BE CONFIDENTIAL, EXCEPT THAT SUCH INFORMATION
MAY BE MADE AVAILABLE AT THE DISCRETION OF THE COMMISSION IN FURTHERANCE
OF  THE  OBJECTIVES  OF  THIS  ARTICLE.  THE INDIVIDUAL FILE OF A PERSON
HAVING REGISTERED WITH THE SEAD SHALL BE MADE AVAILABLE TO  THAT  PERSON
UPON REQUEST.
  (D)  THE  COMMISSION  SHALL NOT BE LIABLE FOR ANY CLAIM BASED UPON THE
GOOD FAITH EXERCISE OR PERFORMANCE OR THE GOOD FAITH FAILURE TO EXERCISE
OR PERFORM A FUNCTION OR DUTY ON THE PART OF ANY OFFICER OR EMPLOYEE  IN
THE MAINTENANCE OR USAGE OF THE SEAD.
  S 3. This act shall take effect immediately.

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