Bill Text: NY S00094 | 2023-2024 | General Assembly | Introduced


Bill Title: Adds elderly persons to disaster preparedness registries; creates a state emergency assistance database; provides that the disaster preparedness commission shall establish the state emergency assistance database; provides that all records relating to SEAD shall be confidential and the commission shall not be liable for any claim based upon a good faith exercise or performance of duty.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-01-03 - REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS [S00094 Detail]

Download: New_York-2023-S00094-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                           94

                               2023-2024 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 4, 2023
                                       ___________

        Introduced  by  Sen. TEDISCO -- read twice and ordered printed, and when
          printed to be committed to the Committee on Veterans, Homeland Securi-
          ty and Military Affairs

        AN ACT to amend the executive law, in relation to adding elderly persons
          to disaster preparedness registries and  creating  a  state  emergency
          assistance database

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The section heading and subdivisions  1,  2,  3  and  4  of
     2  section  23-a  of the executive law, as added by chapter 658 of the laws
     3  of 1996, are amended to read as follows:
     4    County registry of elderly or disabled persons; notice.  1.   In  each
     5  county  having  a  local  disaster preparedness plan pursuant to section
     6  twenty-three of this article, in order to  meet  the  special  needs  of
     7  persons  who would need assistance during evacuations or other emergency
     8  situations and sheltering because of physical or mental  handicaps,  [it
     9  is  recommended  that] or whose ability to care for themselves during an
    10  emergency situation is adversely affected by advanced age, or  permanent
    11  or  temporary  medical  condition, each chief executive shall maintain a
    12  registry of elderly or disabled persons located within the county.   The
    13  registration shall identify those persons in need of assistance and plan
    14  for  resource  allocation to meet those identified needs.  To assist the
    15  chief executive in identifying such persons, the  county  department  of
    16  health,  or  such other county department or agency as designated by the
    17  chief executive, shall provide voluntary registration information to all
    18  of its special needs clients and to all incoming clients as part of  the
    19  intake  process.    The registry shall be updated annually at a minimum.
    20  The registration program shall give  elderly  or  disabled  persons  the
    21  option  of  pre-authorizing  emergency response personnel to enter their
    22  homes during search and rescue operations if necessary to  assure  their
    23  safety and welfare during disasters.
    24    2.  Upon the establishment of a voluntary registry of elderly or disa-
    25  bled persons as provided in subdivision one of this section,  the  chief

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00298-01-3

        S. 94                               2

     1  executive  shall make such registry available to the appropriate county,
     2  state and federal agencies for their use in delivering services  in  the
     3  event of a local or state disaster. The chief executive shall[, upon the
     4  request of the state emergency management office,] provide such registry
     5  information  to  [such  office]  the  state emergency management office,
     6  including all annual updates to such registry information, for placement
     7  in the State Emergency Assistance Database. The chief executive may,  at
     8  his   discretion,  use  the  registry  information  for  local  disaster
     9  preparedness only in coordination with other political  subdivisions  of
    10  the state.
    11    3.  Upon the establishment of a voluntary registry of elderly or disa-
    12  bled  persons  as  provided in subdivision one of this section, at least
    13  semi-annually, each chief executive shall cause to  be  published  in  a
    14  newspaper  of  general  circulation  within  the  county a notice of the
    15  availability of the voluntary registration program.
    16    4. All records, data, information, correspondence  and  communications
    17  relating  to the registration of elderly or disabled persons as provided
    18  in subdivision one of this section are confidential,  except  that  such
    19  information  shall  be  available  to  other county chief executives for
    20  local disaster preparedness only as the chief executive  of  the  county
    21  maintaining  such registry deems necessary. Provided, however, the indi-
    22  vidual file of a person having registered with the registry of  disabled
    23  persons shall be made available to that person upon request.
    24    §  2.  Section  23-a  of  the executive law is amended by adding a new
    25  subdivision 7 to read as follows:
    26    7. (a) The commission shall establish the State  Emergency  Assistance
    27  Database  (SEAD).  The  SEAD  shall  be  a  comprehensive listing of all
    28  persons located in the state, who have voluntarily  requested  placement
    29  on  any  county  registry  of elderly or disabled persons as established
    30  pursuant to this section, and in addition shall accept voluntary  regis-
    31  trants  directly  as needed, at which time such registration information
    32  collected shall be forwarded to the appropriate county registry.
    33    (b) The SEAD shall be made accessible to all  such  appropriate  state
    34  and  county  emergency  response  personnel  and organizations as may be
    35  deemed appropriate by the commission  in  order  to  properly  plan  for
    36  securing  the  needs,  safety,  and  well-being of the registrants. This
    37  shall include, but not be limited to, planning for evacuations,  assess-
    38  ing the need for individual evacuations during emergency situations that
    39  may  not  require  the  evacuation of the general public, prepositioning
    40  equipment and supplies, or such other measures as the  commission  deems
    41  necessary to accomplish the objectives of this article. In addition, the
    42  SEAD  shall  be  made  accessible  to  all appropriate federal emergency
    43  response organizations and shall be made available to such other  volun-
    44  tary relief organizations as the commission deems necessary.
    45    (c)  All records, data, information, correspondence and communications
    46  relating to the SEAD shall be confidential, except that such information
    47  may be made available at the discretion of the commission in furtherance
    48  of the objectives of this article.  The  individual  file  of  a  person
    49  having  registered  with the SEAD shall be made available to that person
    50  upon request.
    51    (d) The commission shall not be liable for any claim  based  upon  the
    52  good faith exercise or performance or the good faith failure to exercise
    53  or  perform a function or duty on the part of any officer or employee in
    54  the maintenance or usage of the SEAD.
    55    § 3. This act shall take effect immediately.
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