senate Bill S4759

2013-2014 Legislative Session

Requires counties to maintain a confidential registry of people of all ages with disabilities for disaster preparedness

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 18, 2014 reported and committed to finance
Jan 08, 2014 referred to veterans, homeland security and military affairs
Apr 22, 2013 referred to veterans, homeland security and military affairs

Votes

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Mar 18, 2014 - Veterans, Homeland Security and Military Affairs committee Vote

S4759
6
1
committee
6
Aye
1
Nay
6
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Veterans, Homeland Security and Military Affairs Committee Vote: Mar 18, 2014

nay (1)

S4759 - Bill Details

Current Committee:
Senate Finance
Law Section:
Executive Law
Laws Affected:
Amd ยง23-a, Exec L
Versions Introduced in 2011-2012 Legislative Session:
A7257

S4759 - Bill Texts

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Requires counties to maintain a confidential registry of people of all ages with disabilities for the purpose of evacuating and sheltering such persons during disasters.

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BILL NUMBER:S4759

TITLE OF BILL: An act to amend the executive law, in relation to
requiring counties to maintain a confidential registry of people of
all ages with disabilities for evacuation and sheltering during
disasters

PURPOSE OR GENERAL IDEA OF THE BILL: The purpose of this bill is to
protect people of all ages with disabilities during times of disaster
by requiring counties to maintain a confidential registry of people
who may require assistance during a disaster.

SUMMARY OF SPECIFIC PROVISIONS: This bill would require each county
to maintain a confidential registry of people of all ages with
disabilities. Inclusion in the confidential registry would be
voluntary and provisions are included to provide people of all ages
with disabilities the option of not being included in the registry.
All records, data, information, correspondence, and communications
relating to the registration of people of all ages with disabilities
would be confidential and only available to the appropriate county,
state, and federal agencies for disaster preparedness purposes. The
individual file of a person who registers would be available to that
person upon request.

To assist the county in identifying people of all ages with a
disability, the county departments of Health, Social Services, and
Mental Health or any other county department or agency designated by
the county chief executive would have to provide registration
information to all of their new and existing clients of all ages with
disabilities. In addition, the county chief executive would have to
publish in a newspaper at least twice a year a notice of availability
of the registration program and provide information in regards to the
registry to other forms of media, including electronic media.
Furthermore, all community based service providers would assist the
county executive in collecting registration information from people of
all ages with disabilities, establish programs to increase awareness
of the registration process, and educate consumers about the
procedures that may be necessary during a disaster.

JUSTIFICATION: Article 2-B of the Executive Law sets forth New York
State policy for disaster preparedness plans. Section 23-a provides
counties with the authority to maintain a county registry of people
with disabilities in order to meet special needs of persons of all
ages with disabilities who would need assistance in times of disaster.

In 2005 and 2006, the Committee on Governmental Operations held a
series of statewide hearings on various aspects of disaster
preparedness. In the March 2006 hearing held in Utica, testimony was
received that only two of sixty-two counties have a county registry of
people with disabilities. Testimony was also received from State
officials identifying this as vulnerability in disaster response.

This bill will greatly aid localities in preparing for and responding
to disasters. Creating a standardized registry in each county in the
state will allow information to be sent out quickly and efficiently in
an emergency and help protect persons of all ages with disabilities.


PRIOR LEGISLATIVE HISTORY: 2010: Passed both Houses, vetoed (Message
No. 6739). 2009: died in Rules; died in Assembly Governmental
Operations.

FISCAL IMPLICATIONS: Some costs would be associated with creating a
new confidential registry.

EFFECTIVE DATE: January 1st after enactment.

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

                                  4759

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 22, 2013
                               ___________

Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Veterans, Homeland Securi-
  ty and Military Affairs

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.
The  registration  program  shall give [disabled persons] SUCH PEOPLE OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10047-01-3

S. 4759                             2

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.

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