S T A T E O F N E W Y O R K
________________________________________________________________________
7257
2011-2012 Regular Sessions
I N A S S E M B L Y
April 21, 2011
___________
Introduced by M. of A. CUSICK, DESTITO, MARKEY, PEOPLES-STOKES, BENEDET-
TO, PHEFFER, McENENY, P. RIVERA, SPANO, KAVANAGH -- Multi-Sponsored by
-- M. of A. TITONE -- read once and referred to the Committee on
Governmental Operations
AN ACT to amend the executive law, in relation to requiring counties to
maintain a confidential registry of people of all ages with disabili-
ties for evacuation 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] CONFIDENTIAL COUNTY registry of [disabled persons]
PEOPLE OF ALL AGES WITH DISABILITIES, AS THAT TERM IS DEFINED IN SUBDI-
VISION 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 REGISTRY. 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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10967-01-1
A. 7257 2
The registration program shall give [disabled persons] SUCH PEOPLE OF
ALL AGES WITH DISABILITIES the option of pre-authorizing emergency
response personnel to enter their homes during search and rescue oper-
ations 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 AND EACH CHIEF EXECUTIVE SHALL ALSO PROVIDE INFORMATION IN
REGARD TO THE REGISTRATION PROGRAM TO OTHER FORMS OF MEDIA, INCLUDING,
BUT NOT LIMITED TO, ELECTRONIC MEDIA.
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] OF ALL AGES WITH DISABILI-
TIES as part of program intake processes, establishing programs to
increase the awareness of the registration process, and educating
[clients] CONSUMERS 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.