NY State Senate Bill 2019-S5750

Senate Bill S5750

2019-2020 Legislative Session

Requires counties to maintain a confidential registry of people of all ages with disabilities for disaster preparedness

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
May 14, 2019	referred to veterans, homeland security and military affairs

2019-S5750 (ACTIVE) - Details

See Assembly Version of this Bill:: A3923
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:: 2011-2012: A7257
2013-2014: A8816, A6432
2015-2016: A2658
2017-2018: S9067, A6865
2021-2022: A8903
2023-2024: A758

2019-S5750 (ACTIVE) - Summary

Requires counties to maintain a confidential registry of people of all ages with disabilities for the purpose of evacuating and sheltering such persons during disasters.

2019-S5750 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5750

SPONSOR: SEPULVEDA
 
TITLE OF BILL:  An act to amend the executive law, in relation to
requiring counties to maintain a confidential registry of people of all
ages with disabilities for evacuation and sheltering during disasters

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to protect people of all ages with disabili-
ties during times of disaster by requiring counties to maintain a confi-
dential registry of people of all ages who may require assistance during
a disaster and who have opted to be included on such registry.

 
SUMMARY OF SPECIFIC PROVISIONS:

This bill relates to county confidential registries of people of all
ages with disabilities. Inclusion in the confidential registry is volun-
tary and provisions are included to provide people of all ages with
disabilities the option to be included in the registry. All records,
data, information, correspondence, and communications relating to the

registration of people of all ages with disabilities remains confiden-
tial and are only available to the appropriate county, state, and feder-
al agencies for disaster preparedness purposes.  The individual file of
a person who registers is available to that person upon request.

To assist the county in identifying people of all ages with a disabili-
ty, the county departments of Health, Social Services, and Mental Health
and any other county department or agency designated by the county chief
executive must provide information about the registry and the registra-
tion process to all of its consumers, and to all incoming consumers as
part of the Intake process. In addition, the county chief executive must
annually publish in a newspaper a notice of availability of the regis-
tration program and may also provide information about the registry and
the registration process to other forms of media. Furthermore, all
community based service providers will assist the county executive in
collecting registration information from people of all ages with disa-
bilities, establish programs to increase awareness of the registration
process, and educate consumers about the procedures that may be neces-
sary during a disaster.

 
JUSTIFICATION:

Article 2-B of the Executive Law sets forth State policy for disaster
preparedness plans. Section 23-a provides counties with the authority to
maintain a county registry of people with disabilities In order to meet
special needs of persons of all ages with disabilities who would need
assistance in times of disaster.

In 2005 and 2006, the Committee on Governmental Operations held a series
of statewide hearings on various aspects of disaster preparedness. In
the March 2006 hearing held In Utica, NY, testimony was received that
only two of sixty-two counties have a county registry of people with
disabilities. Testimony was also received from State officials identify-
ing this Issue as being an issue of vulnerability in disaster response.

The events that transpired in the aftermath of Superstorm Sandy further
highlighted the need for disaster responses to be particularly mindful
of people of all ages with disabilities.
This bill will greatly aid localities in preparing for and responding to
disasters. Creating a standardized registry in counties will allow
information to be sent out quickly and efficiently in an emergency and
will help protect persons of all ages with disabilities.

 
PRIOR LEGISLATIVE HISTORY:

2018: Passed Assembly: died in Senate Rules
2016: Passed Assembly; died in Senate Rules
2014: Passed Assembly; died in Senate Veterans, Homeland Security and
Military Affairs
2013: Passed Assembly; died in Senate Veterans, Homeland Security and
Military Affairs
2012: Passed Assembly; died in Senate Finance.
2010: Passed both houses - Veto 6739 by Governor Paterson
2009: Passed Assembly; died in Senate investigations and Governmental
Operations
2008: Passed Assembly; died in Senate Investigations and Governmental
Operations
2006: Passed Assembly; died in Senate Rules

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

Some costs would be associated with creating a new confidential regis-
try.

 
EFFECTIVE DATE:
The first of January next succeeding the date on which it shall have
become a law.

2019-S5750 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5750
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 14, 2019
                                ___________
 
 Introduced by Sen. SEPULVEDA -- 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 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD07689-01-9

 S. 5750                             2
 
 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.
   §  2. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law.

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