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

                                 8816--A
                                                        Cal. No. 621

                          I N  A S S E M B L Y

                            February 18, 2014
                               ___________

Introduced  by  M.  of  A.  WEPRIN, CUSICK, MARKEY, BENEDETTO, KAVANAGH,
  SCHIMEL -- Multi-Sponsored by -- M. of A. FARRELL,  PERRY,  TITONE  --
  read  once and referred to the Committee on Governmental Operations --
  reported and referred to  the  Committee  on  Codes  --  reported  and
  referred  to  the Committee on Ways and Means -- reported from commit-
  tee, advanced to a  third  reading,  amended  and  ordered  reprinted,
  retaining its place on the order of third reading

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 CONFIDENTIAL 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  TO  BE
INCLUDED  IN  THE  REGISTRY.  The [registration] REGISTRY shall identify
those persons in need of assistance and plan for resource allocation  to
meet those identified needs.  To assist the chief executive in identify-
ing 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] INFORMATION ABOUT THE REGISTRY AND THE regis-
tration [information] PROCESS to all  of  its  [special  needs  clients]
CONSUMERS  OF  ALL  AGES WITH DISABILITIES and to all incoming [clients]

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD10047-02-4

A. 8816--A                          2

CONSUMERS as part of the intake process.  The registry shall be  updated
annually.    The registration program shall give [disabled persons] SUCH
PEOPLE OF ALL AGES WITH DISABILITIES the option of pre-authorizing emer-
gency  response  personnel to enter their homes during search and rescue
operations if necessary to assure their safety and welfare during disas-
ters.
  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. The chief  executive  may,
at  his OR HER discretion, use the registry information for local disas-
ter preparedness only in coordination with other political  subdivisions
of the state.
  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 cause to be published in a newspaper of  general  circu-
lation within the county a notice of the availability of the [voluntary]
registration  program AND EACH CHIEF EXECUTIVE SHALL ALSO PROVIDE INFOR-
MATION ABOUT THE REGISTRY AND THE REGISTRATION PROCESS 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 CONFIDENTIAL
registration information for people [with special  needs]  OF  ALL  AGES
WITH  DISABILITIES  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.