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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1479
SPONSOR: Weprin 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 OS 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
confidential and are only available to the appropriate county, state,
and federal 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 identifying 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 disabil-
ities.
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:
01/03/18 DIED IN SENATE
01/03/18 RETURNED TO ASSEMBLY
01/03/18 ordered to third reading cal.479
05/30/18 passed assembly
05/30/18 delivered to senate
05/30/18 REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
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.
STATE OF NEW YORK
________________________________________________________________________
1479
2025-2026 Regular Sessions
IN ASSEMBLY
January 10, 2025
___________
Introduced by M. of A. WEPRIN -- read once and referred to the Committee
on Governmental Operations
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:
1 Section 1. Section 23-a of the executive law, as added by chapter 658
2 of the laws of 1996, is amended to read as follows:
3 § 23-a. [County] Confidential county registry of [disabled persons]
4 people of all ages with disabilities, as that term is defined in subdi-
5 vision twenty-one of section two hundred ninety-two of this chapter;
6 notice. 1. In each county having a local [disaster preparedness]
7 comprehensive emergency management plan pursuant to section twenty-three
8 of this article, in order to meet the special needs of persons of all
9 ages with disabilities who would need assistance during evacuations and
10 sheltering because of physical or mental [handicaps] disabilities, it
11 [is recommended] shall be required that each chief executive maintain a
12 confidential registry of [disabled persons] people of all ages with
13 disabilities located within the county. People of all ages with disa-
14 bilities shall be given the option to be included in the registry. The
15 [registration] registry shall identify those persons in need of assist-
16 ance and plan for resource allocation to meet those identified needs.
17 To assist the chief executive in identifying such persons, the county
18 department of health, [or] and the county department of social services,
19 the county department of mental health, such other county department or
20 agency as designated by the chief executive, shall provide [voluntary]
21 information about the registry and the registration [information] proc-
22 ess to all of its [special needs clients] consumers of all ages with
23 disabilities and to all incoming [clients] consumers as part of the
24 intake process. The registry shall be updated annually. The registra-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03518-01-5
A. 1479 2
1 tion program shall give [disabled persons] such people of all ages with
2 disabilities the option of pre-authorizing emergency response personnel
3 to enter their homes during search and rescue operations if necessary to
4 assure their safety and welfare during disasters.
5 2. Upon the establishment of a [voluntary] confidential registry of
6 [disabled persons] people of all ages with disabilities as provided in
7 subdivision one of this section, the chief executive shall make such
8 registry available to the appropriate county, state and federal agencies
9 for their use in delivering services in the event of a local or state
10 disaster. The chief executive shall, upon [the] request [of the state
11 emergency management office], provide such registry information to
12 [such] the state emergency management office, provided that the confi-
13 dentiality of such information is preserved. The chief executive may,
14 at [his] such chief executive's discretion, use the registry information
15 for local disaster preparedness [only] in coordination with other poli-
16 tical subdivisions of the state, provided that the confidentiality of
17 such information is preserved.
18 3. Upon the establishment of a [voluntary] confidential registry of
19 [disabled persons] people of all ages with disabilities as provided in
20 subdivision one of this section, [at least semi-annually,] each chief
21 executive shall annually cause to be published in a newspaper of general
22 circulation within the county a notice of the availability of the
23 [voluntary] registration program and each chief executive shall, in such
24 chief executive's discretion, also provide information about the regis-
25 try and the registration process to other forms of media, and shall
26 further ensure that information about the registry and the registration
27 process is available on the website of such county.
28 4. All records, data, information, correspondence and communications
29 relating to the registration of [disabled persons] people of all ages
30 with disabilities as provided in subdivision one of this section are
31 confidential, except that such information shall be available to other
32 county chief executives for local disaster preparedness only as the
33 chief executive of the county maintaining such registry deems necessary.
34 Provided, however, the individual file of a person having registered
35 with the confidential registry of [disabled persons] people of all ages
36 with disabilities shall be made available to that person upon request.
37 5. All community-based services providers, including home health care
38 providers, shall assist the chief executive by collecting confidential
39 registration information for people [with special needs] of all ages
40 with disabilities who choose to provide such information as part of
41 program intake processes, establishing programs to increase the aware-
42 ness of the registration process, and educating [clients] consumers
43 about the procedures that may be necessary for their safety during
44 disasters.
45 6. A county shall not be liable for any claim based upon the reason-
46 able, good faith exercise or performance or the reasonable, good faith
47 failure to exercise or perform a function or duty on the part of any
48 officer or employee in carrying out a local disaster preparedness plan.
49 § 2. This act shall take effect on the first of January next succeed-
50 ing the date on which it shall have become a law.
