S T A T E O F N E W Y O R K
________________________________________________________________________
1479
2025-2026 Regular Sessions
I N A S S E M B L Y
January 10, 2025
___________
Introduced by M. of A. WEPRIN -- 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:
§ 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]
COMPREHENSIVE EMERGENCY MANAGEMENT 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 DISA-
BILITIES SHALL BE GIVEN THE OPTION TO BE INCLUDED IN THE REGISTRY. The
[registration] REGISTRY shall identify those persons in need of assist-
ance 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] AND THE COUNTY DEPARTMENT OF SOCIAL SERVICES,
THE COUNTY DEPARTMENT OF MENTAL HEALTH, such other county department or
agency as designated by the chief executive, shall provide [voluntary]
INFORMATION ABOUT THE REGISTRY AND THE registration [information] PROC-
ESS to all of its [special needs clients] CONSUMERS OF ALL AGES WITH
DISABILITIES and to all incoming [clients] CONSUMERS as part of the
intake process. The registry shall be updated annually. The registra-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03518-01-5
A. 1479 2
tion 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 operations if necessary to
assure their safety and welfare during disasters.
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, PROVIDED THAT THE CONFI-
DENTIALITY OF SUCH INFORMATION IS PRESERVED. The chief executive may,
at [his] SUCH CHIEF EXECUTIVE'S discretion, use the registry information
for local disaster preparedness [only] in coordination with other poli-
tical subdivisions of the state, PROVIDED THAT THE CONFIDENTIALITY OF
SUCH INFORMATION IS PRESERVED.
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 ANNUALLY 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, IN SUCH
CHIEF EXECUTIVE'S DISCRETION, ALSO PROVIDE INFORMATION ABOUT THE REGIS-
TRY AND THE REGISTRATION PROCESS TO OTHER FORMS OF MEDIA, AND SHALL
FURTHER ENSURE THAT INFORMATION ABOUT THE REGISTRY AND THE REGISTRATION
PROCESS IS AVAILABLE ON THE WEBSITE OF SUCH COUNTY.
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 CONFIDENTIAL registry of [disabled persons] PEOPLE OF ALL AGES
WITH DISABILITIES 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 WHO CHOOSE TO PROVIDE SUCH INFORMATION as part of
program intake processes, establishing programs to increase the aware-
ness 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.
§ 2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.