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

                                   520

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M.  of  A. DESTITO, MARKEY, PEOPLES, BENEDETTO, BRODSKY,
  PHEFFER, McENENY, P. RIVERA -- Multi-Sponsored by -- M. of  A.  TITONE
  -- 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 registry of people of all ages with disabilities for evacu-
  ation 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 registry of [disabled persons] PEOPLE OF ALL AGES  WITH
DISABILITIES,  AS  THAT  TERM  IS  DEFINED  IN SUBDIVISION 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  REGIS-
TRY. 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

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

                                                           LBD03314-01-9

A. 520                              2

program shall give [disabled persons] SUCH PEOPLE OF ALL AGES WITH DISA-
BILITIES 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 [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.
  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  as  part  of  program  intake
processes, establishing programs to increase the awareness of the regis-
tration  process, and educating clients 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.