A03923 Summary:

BILL NOA03923
 
SAME ASSAME AS S05750
 
SPONSORWeprin (MS)
 
COSPNSRCusick, Benedetto, Abinanti, Mosley, Seawright, Stern, Reyes, Buttenschon, Otis, Santabarbara, Fall
 
MLTSPNSRPerry, Rodriguez
 
Amd 23-a, Exec L
 
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.
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A03923 Actions:

BILL NOA03923
 
01/31/2019referred to governmental operations
03/19/2019reported referred to codes
04/09/2019reported referred to ways and means
05/21/2019reported
05/23/2019advanced to third reading cal.405
05/29/2019passed assembly
05/29/2019delivered to senate
05/29/2019REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
01/08/2020DIED IN SENATE
01/08/2020RETURNED TO ASSEMBLY
01/08/2020ordered to third reading cal.156
01/29/2020passed assembly
01/29/2020delivered to senate
01/29/2020REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
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A03923 Committee Votes:

GOVERNMENTAL OPERATIONS Chair:Titus DATE:03/19/2019AYE/NAY:11/2 Action: Favorable refer to committee Codes
TitusAyeJohnsAye
GalefAyeGoodellNay
GlickAyeLalorAbsent
KimAyeByrneNay
BuchwaldAye
BichotteAye
BlakeAye
HyndmanAye
WilliamsAye
EpsteinAye

CODES Chair:Lentol DATE:04/09/2019AYE/NAY:18/4 Action: Favorable refer to committee Ways and Means
LentolAyeRaAye
SchimmingerAyeGiglioNay
PretlowAyeMontesanoNay
CookAyeMorinelloNay
CymbrowitzAyePalumboAye
O'DonnellAyeGarbarinoAye
LavineAye
PerryAye
ZebrowskiAye
AbinantiAye
WeprinAye
MosleyAye
HevesiNay
FahyAye
SeawrightAye
RosenthalAye

WAYS AND MEANS Chair:Weinstein DATE:05/21/2019AYE/NAY:24/8 Action: Favorable
WeinsteinAyeBarclayNay
LentolAyeCrouchNay
SchimmingerAyeFitzpatrickNay
GanttExcusedHawleyNay
GlickAyeMalliotakisAye
NolanExcusedMontesanoNay
PretlowAyeRaAye
PerryAyeBlankenbushNay
ColtonAyePalmesanoNay
CookAyeNorrisNay
CahillAye
AubryAye
ThieleAye
CusickAye
OrtizAye
BenedettoAye
WeprinAye
RodriguezExcused
RamosAye
BraunsteinAye
McDonaldAye
RozicAye
SimotasAye
DinowitzAye
MillerAye

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A03923 Floor Votes:

DATE:05/29/2019Assembly Vote  YEA/NAY: 111/29
AbbateYCrespoYGanttERLiPetriYPerryYSimonY
AbinantiYCrouchNOGarbarinoYLupardoNOPheffer AmatoYSimotasY
ArroyoYCruzYGiglioERMagnarelliYPichardoERSmithNO
AshbyNOCusickYGlickYMalliotakisYPretlowYSmullenNO
AubryYCymbrowitzYGoodellNOManktelowNOQuartYSolagesY
BarclayYDavilaYGottfriedYMcDonaldYRaYStecNO
BarnwellYDe La RosaYGriffinYMcDonoughERRaiaYSteckY
BarrettYDenDekkerYGuntherYMcMahonYRamosYSternY
BarronYDeStefanoYHawleyNOMikulinYRaynorERStirpeY
BenedettoYDickensYHevesiYMill B NOReillyYTagueNO
BichotteYDilanYHunterYMill MGYReyesYTaylorY
BlakeYDinowitzYHyndmanYMill MLYRichardsonYThieleY
BlankenbushNODiPietroNOJacobsonYMontesanoERRiveraYTitusER
BrabenecNOD'UrsoYJaffeeYMorinelloNORodriguezYVanelY
BraunsteinYEichensteinYJean-PierreYMosleyYRomeoYWalczykNO
BronsonYEnglebrightYJohnsYNiouYRose D YWalkerY
BuchwaldYEpsteinYJonesNONolanERRose L YWallaceY
BurkeYFahyYJoynerYNorrisNORozicYWalshNO
ButtenschonYFallYKimYO'DonnellERRyanYWeinsteinY
ByrneNOFernandezYKolbYOrtizYSalkaYWeprinY
ByrnesNOFinchNOLalorNOOtisYSantabarbaraYWilliamsY
CahillYFitzpatrickNOLavineYPalmesanoNOSayeghYWoernerNO
CarrollYFriendNOLawrenceNOPalumboYSchimmingerNOWrightY
ColtonYFrontusYLentolYPaulinERSchmittYZebrowskiY
CookYGalefYLiftonYPeoples-StokesYSeawrightYMr SpkrY

DATE:01/29/2020Assembly Vote  YEA/NAY: 107/30
AbbateYCrespoYFrontusYLentolYPaulinYSimonY
AbinantiYCrouchNOGalefYLiftonYPeoples-StokesYSimotasY
ArroyoYCruzYGanttERLiPetriYPerryYSmithY
AshbyNOCusickYGarbarinoYLupardoNOPheffer AmatoYSmullenNO
AubryYCymbrowitzYGiglioNOMagnarelliYPichardoYSolagesY
BarclayYDarlingYGlickYMalliotakisERPretlowYStecNO
BarnwellYRaynorYGoodellNOManktelowNOQuartYSteckY
BarrettYDavilaERGottfriedYMcDonaldYRaYSternY
BarronYDe La RosaYGriffinYMcDonoughERRamosYStirpeY
BenedettoYDenDekkerYGuntherNOMcMahonYReillyYTagueNO
BichotteYDeStefanoYHawleyNOMikulinYReyesYTaylorY
BlakeYDickensYHevesiNOMill B NORichardsonYThieleY
BlankenbushNODilanYHunterYMill MGYRiveraYVanelY
BrabenecNODinowitzERHyndmanYMill MLYRodriguezERWalczykNO
BraunsteinYDiPietroNOJacobsonYMontesanoNORomeoERWalkerY
BronsonYD'UrsoYJaffeeYMorinelloNORose D YWallaceY
BuchwaldYEichensteinYJean-PierreYMosleyYRose L YWalshNO
BurkeEREnglebrightYJohnsYNiouYRozicYWeinsteinY
ButtenschonYEpsteinYJonesNONolanYRyanYWeprinY
ByrneNOFahyYJoynerYNorrisNOSalkaYWilliamsY
ByrnesNOFallYKimYO'DonnellYSantabarbaraYWoernerNO
CahillYFernandezYKolbEROrtizYSayeghYWrightY
CarrollYFinchERLalorNOOtisYSchimmingerERZebrowskiY
ColtonYFitzpatrickNOLavineYPalmesanoNOSchmittYMr SpkrY
CookYFriendNOLawrenceNOPalumboYSeawrightY

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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.
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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.
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A03923 LFIN:

 NO LFIN
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A03923 Chamber Video/Transcript:

5-29-19Video (@ 01:42:57)Transcript pdf Transcript html
1-22-20Video (@ 00:34:37)Transcript pdf Transcript html
1-29-20Video (@ 00:43:08)Transcript pdf Transcript html
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