Bill Text: NY A08874 | 2013-2014 | General Assembly | Introduced

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

Spectrum: Moderate Partisan Bill (Democrat 36-9)

Status: (Introduced - Dead) 2014-02-25 - referred to mental health [A08874 Detail]

Download: New_York-2013-A08874-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8874
                                 I N  A S S E M B L Y
                                   February 25, 2014
                                      ___________
       Introduced by M. of A. ABINANTI, OTIS, ROBINSON, JACOBS, JAFFEE, RIVERA,
         RAIA,  MARKEY,  GOTTFRIED,  SKOUFIS,  BROOK-KRASNY, PAULIN, McDONOUGH,
         WEISENBERG -- Multi-Sponsored by -- M. of A. BRENNAN, CERETTO, DUPREY,
         LENTOL, MAYER, PEOPLES-STOKES, SWEENEY -- read once  and  referred  to
         the Committee on Mental Health
       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 837-F-2 OF THE  EXECUTIVE  LAW.    THE  STATE  SHALL
   22  PROVIDE PAYMENT OR A SUBSIDY FOR ANY INDIVIDUAL WHO CANNOT AFFORD TO PAY
   23  FOR SUCH LOCATOR DEVICE.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13791-04-4
       A. 8874                             2
    1    S  3. Section 202 of the elder law is amended by adding two new subdi-
    2  visions 16 and 17 to read as follows:
    3    16.  TO MAKE AVAILABLE TO ALL VULNERABLE OR AGING PERSONS WITHIN THEIR
    4  CARE AT COST, UPON REQUEST PERSONALLY OR THROUGH  AN  AGENT,  PARENT  OR
    5  GUARDIAN,  A PERSONAL LOCATOR DEVICE TO BE PLACED ON SUCH INDIVIDUAL AND
    6  USED IN CONJUNCTION WITH THE STATEWIDE  MISSING  PERSON  LOCATOR  SYSTEM
    7  DEVELOPED  BY THE STATE POLICE PURSUANT TO SECTION 837-F-2 OF THE EXECU-
    8  TIVE LAW.  THE STATE SHALL PROVIDE PAYMENT OR A SUBSIDY FOR ANY INDIVID-
    9  UAL WHO CANNOT AFFORD TO PAY FOR SUCH LOCATOR DEVICE.
   10    17. TO MAKE AVAILABLE TO ALL VULNERABLE OR AGING  PERSONS  WITHIN  THE
   11  CARE  OF  A  PRIVATE  FACILITY THAT IS SUBJECT TO THE PROVISIONS OF THIS
   12  CHAPTER AT COST, UPON REQUEST PERSONALLY OR THROUGH AN AGENT, PARENT  OR
   13  GUARDIAN,  A PERSONAL LOCATOR DEVICE TO BE PLACED ON SUCH INDIVIDUAL AND
   14  USED IN CONJUNCTION WITH THE STATEWIDE  MISSING  PERSON  LOCATOR  SYSTEM
   15  DEVELOPED  BY THE STATE POLICE PURSUANT TO SECTION 837-F-2 OF THE EXECU-
   16  TIVE LAW.  THE STATE SHALL PROVIDE PAYMENT OR A SUBSIDY FOR ANY INDIVID-
   17  UAL WHO CANNOT AFFORD TO PAY FOR SUCH LOCATOR 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  837-F-2  OF  THE  EXECUTIVE  LAW.   THE STATE SHALL PROVIDE PAYMENT OR A
   26  SUBSIDY FOR ANY INDIVIDUAL WHO CANNOT AFFORD TO  PAY  FOR  SUCH  LOCATOR
   27  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.