S T A T E   O F   N E W   Y O R K
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                                  1741

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2015
                               ___________

Introduced by M. of A. TEDISCO, MONTESANO -- Multi-Sponsored by -- M. of
  A.  TENNEY  -- read once and referred to the Committee 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,

              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02603-01-5

A. 1741                             2

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  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.