S T A T E O F N E W Y O R K
________________________________________________________________________
8816--A
Cal. No. 621
I N A S S E M B L Y
February 18, 2014
___________
Introduced by M. of A. WEPRIN, CUSICK, MARKEY, BENEDETTO, KAVANAGH,
SCHIMEL -- Multi-Sponsored by -- M. of A. FARRELL, PERRY, TITONE --
read once and referred to the Committee on Governmental Operations --
reported and referred to the Committee on Codes -- reported and
referred to the Committee on Ways and Means -- reported from commit-
tee, advanced to a third reading, amended and ordered reprinted,
retaining its place on the order of third reading
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 CONFIDENTIAL 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 TO BE
INCLUDED IN THE REGISTRY. The [registration] REGISTRY shall identify
those persons in need of assistance and plan for resource allocation to
meet those identified needs. To assist the chief executive in identify-
ing 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] INFORMATION ABOUT THE REGISTRY AND THE regis-
tration [information] PROCESS to all of its [special needs clients]
CONSUMERS OF ALL AGES WITH DISABILITIES and to all incoming [clients]
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10047-02-4
A. 8816--A 2
CONSUMERS 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 DISABILITIES the option of pre-authorizing emer-
gency response personnel to enter their homes during search and rescue
operations if necessary to assure their safety and welfare during disas-
ters.
2. Upon the establishment of a [voluntary] CONFIDENTIAL 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 available 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 management office,] provide such registry information to
[such] THE STATE EMERGENCY MANAGEMENT office. The chief executive may,
at his OR HER discretion, use the registry information for local disas-
ter preparedness only in coordination with other political subdivisions
of the state.
3. Upon the establishment of a [voluntary] CONFIDENTIAL 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 circu-
lation within the county a notice of the availability of the [voluntary]
registration program AND EACH CHIEF EXECUTIVE SHALL ALSO PROVIDE INFOR-
MATION ABOUT THE REGISTRY AND THE REGISTRATION PROCESS 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 CONFIDENTIAL
registration information for people [with special needs] OF ALL AGES
WITH DISABILITIES 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.