Bill Text: NY S01205 | 2015-2016 | General Assembly | Introduced

New York Senate Bill 1205 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Relates to the development of a statewide missing person locator system; provides that such system utilize radiodetermination technology.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-01-14 - PRINT NUMBER 1205A [S01205 Detail]

Download: New_York-2015-S01205-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1205
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                    January 9, 2015
                                      ___________
       Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
         printed to be committed to the Committee on Mental Health and Develop-
         mental Disabilities
       AN ACT to amend the mental hygiene law, the elder law, the public health
         law, and the executive law, in relation  to  the  establishment  of  a
         statewide vulnerable person location system
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Legislative intent. The legislature hereby finds  that  the
    2  tragedy  where  Avonte Oquendo wandered away from his school never to be
    3  found alive highlights the continuing need to find ways to  protect  the
    4  most  vulnerable  individuals in our state and to help prevent this type
    5  of tragedy from happening again. The legislature further  finds  that  a
    6  state-wide  program designed to make it easier to locate missing vulner-
    7  able persons is one such mechanism to achieve this goal.  Therefore, the
    8  legislature finds it appropriate to enact legislation herein to be known
    9  as "Avonte's Law".
   10    S 2. Section 5.05 of the mental hygiene law is amended by adding a new
   11  subdivision (f) to read as follows:
   12    (F) THE COMMISSIONERS OF THE OFFICE OF MENTAL HEALTH  AND  THE  OFFICE
   13  FOR  PEOPLE  WITH  DEVELOPMENTAL  DISABILITIES ARE HEREBY AUTHORIZED AND
   14  INSTRUCTED TO PROMULGATE RULES AND REGULATIONS AND TAKE ALL STEPS AS MAY
   15  BE NECESSARY TO ESTABLISH A MISSING PERSON LOCATOR PROGRAM, TO BE IMPLE-
   16  MENTED IN EVERY COUNTY IN THE STATE, THAT WILL  MAKE  AVAILABLE  TO  ALL
   17  VULNERABLE  OR  AGING  PERSONS  WITHIN  THEIR CARE AT COST, UPON REQUEST
   18  PERSONALLY OR THROUGH AN AGENT, PARENT OR GUARDIAN, A  PERSONAL  LOCATOR
   19  DEVICE  TO BE PLACED ON SUCH INDIVIDUAL AND USED IN CONJUNCTION WITH THE
   20  STATEWIDE MISSING PERSON LOCATOR SYSTEM DEVELOPED BY  THE  STATE  POLICE
   21  PURSUANT  TO  SECTION  EIGHT HUNDRED THIRTY-SEVEN-F-TWO OF THE EXECUTIVE
   22  LAW.  THE STATE SHALL PROVIDE PAYMENT OR A SUBSIDY  FOR  ANY  INDIVIDUAL
   23  WHO CANNOT AFFORD TO PAY FOR SUCH LOCATOR DEVICE.
   24    S  3. Section 202 of the elder law is amended by adding two new subdi-
   25  visions 16 and 17 to read as follows:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03058-01-5
       S. 1205                             2
    1    16. TO MAKE AVAILABLE TO ALL VULNERABLE OR AGING PERSONS WITHIN  THEIR
    2  CARE  AT  COST,  UPON  REQUEST PERSONALLY OR THROUGH AN AGENT, PARENT OR
    3  GUARDIAN, A PERSONAL LOCATOR DEVICE TO BE PLACED ON SUCH INDIVIDUAL  AND
    4  USED  IN  CONJUNCTION  WITH  THE STATEWIDE MISSING PERSON LOCATOR SYSTEM
    5  DEVELOPED  BY THE STATE POLICE PURSUANT TO SECTION EIGHT HUNDRED THIRTY-
    6  SEVEN-F-TWO OF THE EXECUTIVE LAW.  THE STATE SHALL PROVIDE PAYMENT OR  A
    7  SUBSIDY  FOR  ANY  INDIVIDUAL  WHO CANNOT AFFORD TO PAY FOR SUCH LOCATOR
    8  DEVICE.
    9    17. TO MAKE AVAILABLE TO ALL VULNERABLE OR AGING  PERSONS  WITHIN  THE
   10  CARE  OF  A  PRIVATE  FACILITY THAT IS SUBJECT TO THE PROVISIONS OF THIS
   11  CHAPTER AT COST, UPON REQUEST PERSONALLY OR THROUGH AN AGENT, PARENT  OR
   12  GUARDIAN,  A PERSONAL LOCATOR DEVICE TO BE PLACED ON SUCH INDIVIDUAL AND
   13  USED IN CONJUNCTION WITH THE STATEWIDE  MISSING  PERSON  LOCATOR  SYSTEM
   14  DEVELOPED  BY THE STATE POLICE PURSUANT TO SECTION EIGHT HUNDRED THIRTY-
   15  SEVEN-F-TWO OF THE EXECUTIVE LAW.  THE STATE SHALL PROVIDE PAYMENT OR  A
   16  SUBSIDY  FOR  ANY  INDIVIDUAL  WHO CANNOT AFFORD TO PAY FOR SUCH LOCATOR
   17  DEVICE.
   18    S 4. Section 206 of the public health law is amended by adding  a  new
   19  subdivision 29 to read as follows:
   20    29.  THE  COMMISSIONER SHALL MAKE AVAILABLE TO ALL VULNERABLE OR AGING
   21  PERSONS WITHIN THEIR CARE AT COST, UPON REQUEST PERSONALLY OR THROUGH AN
   22  AGENT, PARENT OR GUARDIAN, A PERSONAL LOCATOR DEVICE  TO  BE  PLACED  ON
   23  SUCH  INDIVIDUAL  AND  USED  IN  CONJUNCTION  WITH THE STATEWIDE MISSING
   24  PERSON LOCATOR SYSTEM DEVELOPED BY THE STATE POLICE PURSUANT TO  SECTION
   25  EIGHT  HUNDRED THIRTY-SEVEN-F-TWO OF THE EXECUTIVE LAW.  THE STATE SHALL
   26  PROVIDE PAYMENT OR A SUBSIDY FOR ANY INDIVIDUAL WHO CANNOT AFFORD TO PAY
   27  FOR SUCH LOCATOR DEVICE.
   28    S 5. The executive law is amended by adding a new section  837-f-2  to
   29  read as follows:
   30    S  837-F-2.  STATEWIDE  MISSING  PERSON  LOCATOR  SYSTEM. 1. THE STATE
   31  POLICE ARE HEREBY AUTHORIZED AND  INSTRUCTED  TO  PROMULGATE  RULES  AND
   32  REGULATIONS AND TAKE ALL STEPS AS MAY BE NECESSARY TO IMPLEMENT A STATE-
   33  WIDE  LOCATOR  PROGRAM THAT WILL FACILITATE THE LOCATION OF LOST VULNER-
   34  ABLE OR AGING PERSONS. THE PROGRAM SHALL BE IMPLEMENTED  IN  CONJUNCTION
   35  WITH  ALL LOCAL LAW ENFORCEMENT AGENCIES AND THE STATE SHALL MAKE AVAIL-
   36  ABLE IN EVERY COUNTY OF THE STATE EITHER THROUGH THE STATE POLICE, OR IN
   37  COOPERATION WITH COUNTY  AND/OR  LOCAL  LAW  ENFORCEMENT  AGENCIES,  THE
   38  NECESSARY LOCATOR EQUIPMENT.
   39    2.  THE STATE POLICE OR LOCAL LAW ENFORCEMENT AGENCY SHALL, AT COST TO
   40  THE RECIPIENT, PROVIDE A BRACELET OR SIMILAR PERSONAL LOCATOR DEVICE  TO
   41  ANY  DEPARTMENT,  OFFICE,  OR AGENCY THAT IS INVOLVED IN THE CARE AND/OR
   42  HOUSING OF A VULNERABLE OR AGING PERSON. THE  STATE  POLICE  SHALL  ALSO
   43  MAKE  SUCH LOCATOR DEVICES AVAILABLE, AT COST, TO ANY PRIVATE VULNERABLE
   44  OR AGING INDIVIDUAL.  THE STATE SHALL PROVIDE PAYMENT OR A  SUBSIDY  FOR
   45  ANY INDIVIDUAL WHO CANNOT AFFORD TO PAY FOR SUCH LOCATOR DEVICE.
   46    3.  THE LOCATOR DEVICE USED IN CONJUNCTION WITH THIS PROGRAM MUST RELY
   47  UPON THE USE OF RADIODETERMINATION TECHNOLOGY RATHER THAN A GLOBAL POSI-
   48  TIONING SYSTEM OR SATELLITE NAVIGATION SYSTEM.
   49    4. THE STATE POLICE OR OTHER LAW ENFORCEMENT, SHALL APPROVE AND DESIG-
   50  NATE PRIVATE ORGANIZATIONS WHO ARE AUTHORIZED TO DISSEMINATE SUCH  LOCA-
   51  TOR BRACELETS OR DEVICES FOR USE BY AGING OR VULNERABLE INDIVIDUALS.
   52    S 6. This act shall take effect on the one hundred eightieth day after
   53  it  shall have become a law. Effective immediately, the addition, amend-
   54  ment, and/or repeal of any rule or regulation necessary for  the  timely
   55  implementation of this act on its effective date is hereby authorized to
   56  be made on or before such effective date.