Bill Text: NY S07235 | 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: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-05-21 - REPORTED AND COMMITTED TO FINANCE [S07235 Detail]

Download: New_York-2013-S07235-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7235
                                   I N  S E N A T E
                                      May 7, 2014
                                      ___________
       Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
         printed to be committed to the Committee on Mental Health and Develop-
         mental Disabilities
       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.
   24    S 3. Section 202 of the elder law is amended by adding two new  subdi-
   25  visions 16 and 17 to read as follows:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13791-04-4
       S. 7235                             2
    1    16.  TO MAKE AVAILABLE TO ALL VULNERABLE OR AGING PERSONS WITHIN THEIR
    2  CARE AT COST, UPON REQUEST PERSONALLY OR THROUGH  AN  AGENT,  PARENT  OR
    3  GUARDIAN,  A PERSONAL LOCATOR DEVICE TO BE PLACED ON SUCH INDIVIDUAL AND
    4  USED IN CONJUNCTION WITH THE STATEWIDE  MISSING  PERSON  LOCATOR  SYSTEM
    5  DEVELOPED  BY THE STATE POLICE PURSUANT TO SECTION 837-F-2 OF THE EXECU-
    6  TIVE LAW.  THE STATE SHALL PROVIDE PAYMENT OR A SUBSIDY FOR ANY INDIVID-
    7  UAL WHO CANNOT AFFORD TO PAY FOR SUCH LOCATOR DEVICE.
    8    17. TO MAKE AVAILABLE TO ALL VULNERABLE OR AGING  PERSONS  WITHIN  THE
    9  CARE  OF  A  PRIVATE  FACILITY THAT IS SUBJECT TO THE PROVISIONS OF THIS
   10  CHAPTER AT COST, UPON REQUEST PERSONALLY OR THROUGH AN AGENT, PARENT  OR
   11  GUARDIAN,  A PERSONAL LOCATOR DEVICE TO BE PLACED ON SUCH INDIVIDUAL AND
   12  USED IN CONJUNCTION WITH THE STATEWIDE  MISSING  PERSON  LOCATOR  SYSTEM
   13  DEVELOPED  BY THE STATE POLICE PURSUANT TO SECTION 837-F-2 OF THE EXECU-
   14  TIVE LAW.  THE STATE SHALL PROVIDE PAYMENT OR A SUBSIDY FOR ANY INDIVID-
   15  UAL WHO CANNOT AFFORD TO PAY FOR SUCH LOCATOR DEVICE.
   16    S 4. Section 206 of the public health law is amended by adding  a  new
   17  subdivision 29 to read as follows:
   18    29.  THE  COMMISSIONER SHALL MAKE AVAILABLE TO ALL VULNERABLE OR AGING
   19  PERSONS WITHIN THEIR CARE AT COST, UPON REQUEST PERSONALLY OR THROUGH AN
   20  AGENT, PARENT OR GUARDIAN, A PERSONAL LOCATOR DEVICE  TO  BE  PLACED  ON
   21  SUCH  INDIVIDUAL  AND  USED  IN  CONJUNCTION  WITH THE STATEWIDE MISSING
   22  PERSON LOCATOR SYSTEM DEVELOPED BY THE STATE POLICE PURSUANT TO  SECTION
   23  837-F-2  OF  THE  EXECUTIVE  LAW.   THE STATE SHALL PROVIDE PAYMENT OR A
   24  SUBSIDY FOR ANY INDIVIDUAL WHO CANNOT AFFORD TO  PAY  FOR  SUCH  LOCATOR
   25  DEVICE.
   26    S  5.  The executive law is amended by adding a new section 837-f-2 to
   27  read as follows:
   28    S 837-F-2. STATEWIDE MISSING  PERSON  LOCATOR  SYSTEM.  1.  THE  STATE
   29  POLICE  ARE  HEREBY  AUTHORIZED  AND  INSTRUCTED TO PROMULGATE RULES AND
   30  REGULATIONS AND TAKE ALL STEPS AS MAY BE NECESSARY TO IMPLEMENT A STATE-
   31  WIDE LOCATOR PROGRAM THAT WILL FACILITATE THE LOCATION OF  LOST  VULNER-
   32  ABLE  OR  AGING PERSONS. THE PROGRAM SHALL BE IMPLEMENTED IN CONJUNCTION
   33  WITH ALL LOCAL LAW ENFORCEMENT AGENCIES AND THE STATE SHALL MAKE  AVAIL-
   34  ABLE IN EVERY COUNTY OF THE STATE EITHER THROUGH THE STATE POLICE, OR IN
   35  COOPERATION  WITH  COUNTY  AND/OR  LOCAL  LAW  ENFORCEMENT AGENCIES, THE
   36  NECESSARY LOCATOR EQUIPMENT.
   37    2. THE STATE POLICE OR LOCAL LAW ENFORCEMENT AGENCY SHALL, AT COST  TO
   38  THE  RECIPIENT, PROVIDE A BRACELET OR SIMILAR PERSONAL LOCATOR DEVICE TO
   39  ANY DEPARTMENT, OFFICE, OR AGENCY THAT IS INVOLVED IN  THE  CARE  AND/OR
   40  HOUSING  OF  A  VULNERABLE  OR AGING PERSON. THE STATE POLICE SHALL ALSO
   41  MAKE SUCH LOCATOR DEVICES AVAILABLE, AT COST, TO ANY PRIVATE  VULNERABLE
   42  OR  AGING INDIVIDUAL.   THE STATE SHALL PROVIDE PAYMENT OR A SUBSIDY FOR
   43  ANY INDIVIDUAL WHO CANNOT AFFORD TO PAY FOR SUCH LOCATOR DEVICE.
   44    3. THE LOCATOR DEVICE USED IN CONJUNCTION WITH THIS PROGRAM MUST  RELY
   45  UPON THE USE OF RADIODETERMINATION TECHNOLOGY RATHER THAN A GLOBAL POSI-
   46  TIONING SYSTEM OR SATELLITE NAVIGATION SYSTEM.
   47    4. THE STATE POLICE OR OTHER LAW ENFORCEMENT, SHALL APPROVE AND DESIG-
   48  NATE  PRIVATE ORGANIZATIONS WHO ARE AUTHORIZED TO DISSEMINATE SUCH LOCA-
   49  TOR BRACELETS OR DEVICES FOR USE BY AGING OR VULNERABLE INDIVIDUALS.
   50    S 6. This act shall take effect on the one hundred eightieth day after
   51  it shall have become a law. Effective immediately, the addition,  amend-
   52  ment,  and/or  repeal of any rule or regulation necessary for the timely
   53  implementation of this act on its effective date is hereby authorized to
   54  be made on or before such effective date.