New York State Assembly

 
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A03923 Summary:

A03923 Actions:

A03923 Committee Votes:

Committee:GOVERNMENTAL OPERATIONS   Chair:Titus      
DATE:03/19/2019AYE/NAY:11/2  Action: Favorable refer to committee Codes        
Titus
Aye
Johns
Aye
Galef
Aye
Goodell
Nay
Glick
Aye
Lalor
Absent
Kim
Aye
Byrne
Nay
Buchwald
Aye
Bichotte
Aye
Blake
Aye
Hyndman
Aye
Williams
Aye
Epstein
Aye

Committee:CODES   Chair:Lentol      
DATE:04/09/2019AYE/NAY:18/4  Action: Favorable refer to committee Ways and Means        
Lentol
Aye
Ra
Aye
Schimminger
Aye
Giglio
Nay
Pretlow
Aye
Montesano
Nay
Cook
Aye
Morinello
Nay
Cymbrowitz
Aye
Palumbo
Aye
O'Donnell
Aye
Garbarino
Aye
Lavine
Aye
Perry
Aye
Zebrowski
Aye
Abinanti
Aye
Weprin
Aye
Mosley
Aye
Hevesi
Nay
Fahy
Aye
Seawright
Aye
Rosenthal
Aye

Committee:WAYS AND MEANS   Chair:Weinstein      
DATE:05/21/2019AYE/NAY:24/8  Action: Favorable         
Weinstein
Aye
Barclay
Nay
Lentol
Aye
Crouch
Nay
Schimminger
Aye
Fitzpatrick
Nay
Gantt
Excused
Hawley
Nay
Glick
Aye
Malliotakis
Aye
Nolan
Excused
Montesano
Nay
Pretlow
Aye
Ra
Aye
Perry
Aye
Blankenbush
Nay
Colton
Aye
Palmesano
Nay
Cook
Aye
Norris
Nay
Cahill
Aye
Aubry
Aye
Thiele
Aye
Cusick
Aye
Ortiz
Aye
Benedetto
Aye
Weprin
Aye
Rodriguez
Excused
Ramos
Aye
Braunstein
Aye
McDonald
Aye
Rozic
Aye
Simotas
Aye
Dinowitz
Aye
Miller
Aye

A03923 Floor Votes:

A03923 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A3923
 
SPONSOR: Weprin (MS)

 
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
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 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:
 
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.

A03923 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3923
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 31, 2019
                                       ___________
 
        Introduced  by  M.  of  A.  WEPRIN, CUSICK, BENEDETTO, ABINANTI, MOSLEY,
          SEAWRIGHT, STERN -- Multi-Sponsored by -- M. of A. PERRY, RODRIGUEZ --
          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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07689-01-9
        A. 3923                             2
 
     1  intake  process.  The registry shall be updated annually.  The registra-
     2  tion program shall give [disabled persons] such people of all ages  with
     3  disabilities  the option of pre-authorizing emergency response personnel
     4  to enter their homes during search and rescue operations if necessary to
     5  assure their safety and welfare during disasters.
     6    2.  Upon  the  establishment of a [voluntary] confidential registry of
     7  [disabled persons] people of all ages with disabilities as  provided  in
     8  subdivision  one  of  this  section, the chief executive shall make such
     9  registry available to the appropriate county, state and federal agencies
    10  for their use in delivering services in the event of a  local  or  state
    11  disaster.  The  chief  executive shall, upon [the] request [of the state
    12  emergency management  office],  provide  such  registry  information  to
    13  [such]  the  state emergency management office, provided that the confi-
    14  dentiality of such information is preserved.  The chief  executive  may,
    15  at  his or her discretion, use the registry information for local disas-
    16  ter preparedness [only] in coordination with  other  political  subdivi-
    17  sions  of  the state, provided that the confidentiality of such informa-
    18  tion is preserved.
    19    3.  Upon the establishment of a [voluntary] confidential  registry  of
    20  [disabled  persons]  people of all ages with disabilities as provided in
    21  subdivision one of this section, [at least  semi-annually,]  each  chief
    22  executive shall annually cause to be published in a newspaper of general
    23  circulation  within  the  county  a  notice  of  the availability of the
    24  [voluntary] registration program and each chief executive shall, in  his
    25  or  her  discretion, also provide information about the registry and the
    26  registration process to other forms of media, and shall  further  ensure
    27  that  information  about  the  registry  and the registration process is
    28  available on the website of such county.
    29    4. All records, data, information, correspondence  and  communications
    30  relating  to  the  registration of [disabled persons] people of all ages
    31  with disabilities as provided in subdivision one  of  this  section  are
    32  confidential,  except  that such information shall be available to other
    33  county chief executives for local  disaster  preparedness  only  as  the
    34  chief executive of the county maintaining such registry deems necessary.
    35  Provided,  however,  the  individual  file of a person having registered
    36  with the confidential registry of [disabled persons] people of all  ages
    37  with disabilities shall be made available to that person upon request.
    38    5.  All community-based services providers, including home health care
    39  providers, shall assist the chief executive by  collecting  confidential
    40  registration  information  for  people  [with special needs] of all ages
    41  with disabilities who choose to provide  such  information  as  part  of
    42  program  intake  processes, establishing programs to increase the aware-
    43  ness of the registration  process,  and  educating  [clients]  consumers
    44  about  the  procedures  that  may  be  necessary for their safety during
    45  disasters.
    46    6. A county shall not be liable for any claim based upon  the  reason-
    47  able,  good  faith exercise or performance or the reasonable, good faith
    48  failure to exercise or perform a function or duty on  the  part  of  any
    49  officer or employee in carrying out a local disaster preparedness plan.
    50    §  2. This act shall take effect on the first of January next succeed-
    51  ing the date on which it shall have become a law.

A03923 LFIN:

 
NO LFIN

A03923 Chamber Video/Transcript: