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

                                 2658--A
                                                        Cal. No. 245

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 20, 2015
                               ___________

Introduced  by  M.  of  A.  WEPRIN, CUSICK, MARKEY, BENEDETTO, KAVANAGH,
  SCHIMEL, ABINANTI -- 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 -- 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]
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

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

                                                           LBD07616-02-5

A. 2658--A                          2

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-
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 OR HER discretion, use the registry information for local disas-
ter preparedness [only] in coordination with  other  political  subdivi-
sions  of  the state, PROVIDED THAT THE CONFIDENTIALITY OF SUCH INFORMA-
TION 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  HIS
OR  HER  DISCRETION, ALSO PROVIDE INFORMATION ABOUT THE REGISTRY 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.
  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.