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.