Bill Text: NY A06194 | 2013-2014 | General Assembly | Introduced

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Bill Title: Adds elderly persons to disaster preparedness registries and creates a state emergency assistance database; provides that the disaster preparedness commission shall establish the state emergency assistance database; provides that all records relating to SEAD shall be confidential and the commission shall not be liable for any claim based upon a good faith exercise or performance of duty.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced - Dead) 2014-01-08 - referred to governmental operations [A06194 Detail]

Download: New_York-2013-A06194-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6194
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                    March 15, 2013
                                      ___________
       Introduced by M. of A. TEDISCO, MONTESANO -- Multi-Sponsored by -- M. of
         A.  TENNEY  -- read once and referred to the Committee on Governmental
         Operations
       AN ACT to amend the executive law, in relation to adding elderly persons
         to disaster preparedness registries and  creating  a  state  emergency
         assistance database
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The section heading and subdivisions  1,  2,  3  and  4  of
    2  section  23-a  of the executive law, as added by chapter 658 of the laws
    3  of 1996, are amended to read as follows:
    4    County registry of ELDERLY OR disabled persons; notice.  1.   In  each
    5  county  having  a  local  disaster preparedness plan pursuant to section
    6  twenty-three of this article, in order to  meet  the  special  needs  of
    7  persons  who would need assistance during evacuations OR OTHER EMERGENCY
    8  SITUATIONS and sheltering because of physical or mental  handicaps,  [it
    9  is  recommended  that] OR WHOSE ABILITY TO CARE FOR THEMSELVES DURING AN
   10  EMERGENCY SITUATION IS ADVERSELY AFFECTED BY ADVANCED AGE, OR  PERMANENT
   11  OR  TEMPORARY  MEDICAL  CONDITION, each chief executive SHALL maintain a
   12  registry of ELDERLY OR disabled persons located within the county.   The
   13  registration shall identify those persons in need of assistance and plan
   14  for  resource  allocation to meet those identified needs.  To assist the
   15  chief executive in identifying such persons, the  county  department  of
   16  health,  or  such other county department or agency as designated by the
   17  chief executive, shall provide voluntary registration information to all
   18  of its special needs clients and to all incoming clients as part of  the
   19  intake  process.    The registry shall be updated annually AT A MINIMUM.
   20  The registration program shall give  ELDERLY  OR  disabled  persons  the
   21  option  of  pre-authorizing  emergency response personnel to enter their
   22  homes during search and rescue operations if necessary to  assure  their
   23  safety and welfare during disasters.
   24    2.  Upon the establishment of a voluntary registry of ELDERLY OR disa-
   25  bled persons as provided in subdivision one of this section,  the  chief
   26  executive  shall make such registry available to the appropriate county,
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07457-01-3
       A. 6194                             2
    1  state and federal agencies for their use in delivering services  in  the
    2  event of a local or state disaster. The chief executive shall[, upon the
    3  request of the state emergency management office,] provide such registry
    4  information  to  [such  office]  THE  STATE EMERGENCY MANAGEMENT OFFICE,
    5  INCLUDING ALL ANNUAL UPDATES TO SUCH REGISTRY INFORMATION, FOR PLACEMENT
    6  IN THE STATE EMERGENCY ASSISTANCE DATABASE. The chief executive may,  at
    7  his   discretion,  use  the  registry  information  for  local  disaster
    8  preparedness only in coordination with other political  subdivisions  of
    9  the state.
   10    3.  Upon the establishment of a voluntary registry of ELDERLY OR disa-
   11  bled  persons  as  provided in subdivision one of this section, at least
   12  semi-annually, each chief executive shall cause to  be  published  in  a
   13  newspaper  of  general  circulation  within  the  county a notice of the
   14  availability of the voluntary registration program.
   15    4. All records, data, information, correspondence  and  communications
   16  relating  to the registration of ELDERLY OR disabled persons as provided
   17  in subdivision one of this section are confidential,  except  that  such
   18  information  shall  be  available  to  other county chief executives for
   19  local disaster preparedness only as the chief executive  of  the  county
   20  maintaining  such registry deems necessary. Provided, however, the indi-
   21  vidual file of a person having registered with the registry of  disabled
   22  persons shall be made available to that person upon request.
   23    S  2.  Section  23-a  of  the executive law is amended by adding a new
   24  subdivision 7 to read as follows:
   25    7. (A) THE COMMISSION SHALL ESTABLISH THE STATE  EMERGENCY  ASSISTANCE
   26  DATABASE  (SEAD).  THE  SEAD  SHALL  BE  A  COMPREHENSIVE LISTING OF ALL
   27  PERSONS LOCATED IN THE STATE, WHO HAVE VOLUNTARILY  REQUESTED  PLACEMENT
   28  ON  ANY  COUNTY  REGISTRY  OF ELDERLY OR DISABLED PERSONS AS ESTABLISHED
   29  PURSUANT TO THIS SECTION, AND IN ADDITION SHALL ACCEPT VOLUNTARY  REGIS-
   30  TRANTS  DIRECTLY  AS NEEDED, AT WHICH TIME SUCH REGISTRATION INFORMATION
   31  COLLECTED SHALL BE FORWARDED TO THE APPROPRIATE COUNTY REGISTRY.
   32    (B) THE SEAD SHALL BE MADE ACCESSIBLE TO ALL  SUCH  APPROPRIATE  STATE
   33  AND  COUNTY  EMERGENCY  RESPONSE  PERSONNEL  AND ORGANIZATIONS AS MAY BE
   34  DEEMED APPROPRIATE BY THE COMMISSION  IN  ORDER  TO  PROPERLY  PLAN  FOR
   35  SECURING  THE  NEEDS,  SAFETY,  AND  WELL-BEING OF THE REGISTRANTS. THIS
   36  SHALL INCLUDE, BUT NOT BE LIMITED TO, PLANNING FOR EVACUATIONS,  ASSESS-
   37  ING THE NEED FOR INDIVIDUAL EVACUATIONS DURING EMERGENCY SITUATIONS THAT
   38  MAY  NOT  REQUIRE  THE  EVACUATION OF THE GENERAL PUBLIC, PREPOSITIONING
   39  EQUIPMENT AND SUPPLIES, OR SUCH OTHER MEASURES AS THE  COMMISSION  DEEMS
   40  NECESSARY TO ACCOMPLISH THE OBJECTIVES OF THIS ARTICLE. IN ADDITION, THE
   41  SEAD  SHALL  BE  MADE  ACCESSIBLE  TO  ALL APPROPRIATE FEDERAL EMERGENCY
   42  RESPONSE ORGANIZATIONS AND SHALL BE MADE AVAILABLE TO SUCH OTHER  VOLUN-
   43  TARY RELIEF ORGANIZATIONS AS THE COMMISSION DEEMS NECESSARY.
   44    (C)  ALL RECORDS, DATA, INFORMATION, CORRESPONDENCE AND COMMUNICATIONS
   45  RELATING TO THE SEAD SHALL BE CONFIDENTIAL, EXCEPT THAT SUCH INFORMATION
   46  MAY BE MADE AVAILABLE AT THE DISCRETION OF THE COMMISSION IN FURTHERANCE
   47  OF THE OBJECTIVES OF THIS ARTICLE.  THE  INDIVIDUAL  FILE  OF  A  PERSON
   48  HAVING  REGISTERED  WITH THE SEAD SHALL BE MADE AVAILABLE TO THAT PERSON
   49  UPON REQUEST.
   50    (D) THE COMMISSION SHALL NOT BE LIABLE FOR ANY CLAIM  BASED  UPON  THE
   51  GOOD FAITH EXERCISE OR PERFORMANCE OR THE GOOD FAITH FAILURE TO EXERCISE
   52  OR  PERFORM A FUNCTION OR DUTY ON THE PART OF ANY OFFICER OR EMPLOYEE IN
   53  THE MAINTENANCE OR USAGE OF THE SEAD.
   54    S 3. This act shall take effect immediately.