NY State Senate Bill 2019-S561

Senate Bill S561

2019-2020 Legislative Session

Adds elderly persons to disaster preparedness registries and creates a state emergency assistance database

download bill text pdf

Archive: Last Bill Status - In Senate Committee Veterans, Homeland Security And Military Affairs Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to veterans, homeland security and military affairs
Jan 09, 2019	referred to veterans, homeland security and military affairs

2019-S561 (ACTIVE) - Details

Current Committee:: Senate Veterans, Homeland Security And Military Affairs
Law Section:: Executive Law
Laws Affected:: Amd §23-a, Exec L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S4044
2021-2022: S217
2023-2024: S94

2019-S561 (ACTIVE) - Summary

Adds elderly persons to disaster preparedness registries and creates a state emergency assistance database; provides that the disaster preparedness commission shall establish the state emergency assistance database; provides that all records relating to SEAD shall be confidential and the commission shall not be liable for any claim based upon a good faith exercise or performance of duty.

2019-S561 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S561

SPONSOR: TEDISCO
 
TITLE OF BILL:  An act to amend the executive law, in relation to
adding elderly persons to disaster preparedness registries and creating
a state emergency assistance database

 
PURPOSE OR GENERAL IDEA OF BILL:

Requires, rather than authorizes, county governments to maintain a
registry of disabled persons to be used for disaster preparedness, and
to include elderly persons in that registry. The bill directs the State
Emergency Management Office (SEMO) to collect the county disaster
preparedness registries for inclusion in a State Emergency Management
Database.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section One: Amends section 23-a of the Executive Law to direct, rather
than recommend, that all county chief executives maintain county regis-
try of disabled or elderly persons located within that county for

purposes of local disaster preparedness, and expands the definition of
persons who may be placed in such a registry to include anyone whose
ability to care for themselves during an emergency situation is adverse-
ly affected by advanced age, or permanent or temporary medical condi-
tion. Registration would continue to remain voluntary for all individ-
uals.

Section Two: Creates a new Section 23-b of the Executive Law, which
directs SEMO to establish the State Emergency Assistance Database
(SEAR). The SEAR is to be a comprehensive listing of all persons located
in New York State, who have voluntarily requested placement on any coun-
ty registry of elderly or disabled persons as established by section 1
of this Bill, and in addition may SEAR may accept voluntary registrants
directly as needed. The State Emergency Assistance Database may be made
accessible to all such appropriate state and county emergency response
personnel and organizations as appropriate.

 
JUSTIFICATION:

One of the primary functions of government at all levels must be to
properly care for all of its citizens during natural or man-made disas-
ters. In the case of elderly citizens, or those who live with one or
more disabilities, a disaster is particularly dangerous, and disasters
which may merely tax the patience and endurance of most New Yorkers may
be absolutely life threatening for these individuals. When time and
resources are limited, as they are for almost any level of government
during a disaster. It is imperative that emergency responders and relief
workers are able to quickly identify those whose emergency managers be
able to properly plan for all phases of disaster recovery well before it
happens. In time of crisis, it would be very reassuring for scared and
vulnerable persons to know that the authorities are aware of their
location and can monitor their condition, and it would certainly relieve
much of their anxiety to hear from emergency response personnel as soon
as possible. At the same time, the bill respects the privacy of those
who would prefer not to be so registered by allowing this to be a volun-
tary program for individuals.


This bill expands upon an existing state program where counties were
authorized to maintain a registry of their most vulnerable populations,
and requires those counties which were not doing so to now commence. The
bill goes on to establish a Statewide directory made up of all of the
county registries, which could be then used for planning purposes by
SEMO, shared with FEMA or agencies from other states arriving to offer
assistance, or other agencies within state government.

 
PRIOR LEGISLATIVE HISTORY:

02/02/17: S.4044 REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY
AFFAIRS
01/03/18: S.4044 REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY
AFFAIRS

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S561 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    561
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sen. TEDISCO -- 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 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD05179-01-9

 S. 561                              2
 
 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,
 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.
   §  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

 S. 561                              3
 
 OR  PERFORM A FUNCTION OR DUTY ON THE PART OF ANY OFFICER OR EMPLOYEE IN
 THE MAINTENANCE OR USAGE OF THE SEAD.
   § 3. This act shall take effect immediately.

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