What's happening
This bill requires counties to include elderly individuals in disaster registries and establishes a statewide emergency assistance database for vulnerable residents.
Why it matters
Expands protections for the elderly in disasters. By explicitly adding elderly residents (not just disabled individuals) to disaster registries, the bill recognizes that advanced age or temporary/permanent medical conditions can greatly increase vulnerability in emergencies, ensuring that more at-risk people are identified and included in preparedness plans.
Mandates—not just recommends—county action. Counties are now required (rather than merely advised) to create and maintain these registries, meaning local governments must proactively identify and plan for residents who might need special assistance, rather than leaving it up to their discretion.
Creates a centralized, statewide database (SEAD). The State Emergency Assistance Database will collect information from all county registries and direct registrants, allowing for coordinated emergency planning and response across jurisdictions, improving the ability to mobilize resources and support for vulnerable individuals during both local and statewide disasters.
Balances privacy with emergency response needs. While personal information in the SEAD and county registries will be kept confidential, it can be shared with appropriate emergency personnel and organizations when necessary, striking a balance between protecting individuals’ privacy and ensuring their safety during emergencies.
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Who cares
Headline styles
Protect Elderly in Disasters
Plain English, a few words. Used as the page title.
Sponsors
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History
- Referred to veterans, homeland security and military affairs
- Referred to veterans, homeland security and military affairs
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
561
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
Introduced by Sen. TEDISCO -- read twice and ordered printed, and when printed to be committed to the Committee on Veterans, Homeland Security 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 Assembly, do enact as follows:
Section 1. The section heading and subdivisions 1, 2, 3 and 4 of section 23-a of the executive law, as added by chapter 658 of the laws of 1996, are amended to read as follows:
County registry of elderly or disabled persons; notice. 1. In each county having a local disaster preparedness plan pursuant to section twenty-three of this article, in order to meet the special needs of persons who would need assistance during evacuations or other emergency situations and sheltering because of physical or mental handicaps, [it is recommended that] or whose ability to care for themselves during an emergency situation is adversely affected by advanced age, or permanent or temporary medical condition, each chief executive shall maintain a registry of elderly or disabled persons located within the county. The registration shall identify those persons in need of assistance and plan for resource allocation to meet those identified needs. To assist the chief executive in identifying such persons, the county department of health, or such other county department or agency as designated by the chief executive, shall provide voluntary registration information to all of its special needs clients and to all incoming clients as part of the intake process. The registry shall be updated annually at a minimum. The registration program shall give elderly or disabled persons the option of pre-authorizing emergency response personnel to enter their
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05179-01-9
S. 561 2
homes during search and rescue operations if necessary to assure their safety and welfare during disasters.
2. Upon the establishment of a voluntary registry of elderly or disabled persons as provided in subdivision one of this section, the chief executive shall make such registry available to the appropriate county, state and federal agencies for their use in delivering services in the event of a local or state disaster. The chief executive shall[, upon the request of the state emergency management office,] provide such registry information to [such office] the state emergency management office, including all annual updates to such registry information, for placement in the State Emergency Assistance Database. The chief executive may, at his discretion, use the registry information for local disaster preparedness only in coordination with other political subdivisions of the state.
3. Upon the establishment of a voluntary registry of elderly or disabled persons as provided in subdivision one of this section, at least semi-annually, each chief executive shall cause to be published in a newspaper of general circulation within the county a notice of the availability of the voluntary registration program.
4. All records, data, information, correspondence and communications relating to the registration of elderly or disabled persons as provided in subdivision one of this section are confidential, except that such information shall be available to other county chief executives for local disaster preparedness only as the chief executive of the county maintaining such registry deems necessary. Provided, however, the individual file of a person having registered with the registry of disabled persons shall be made available to that person upon request.
§ 2. Section 23-a of the executive law is amended by adding a new subdivision 7 to read as follows:
7. (a) The commission shall establish the State Emergency Assistance Database (SEAD). The SEAD shall be a comprehensive listing of all persons located in the state, who have voluntarily requested placement on any county registry of elderly or disabled persons as established pursuant to this section, and in addition shall accept voluntary registrants directly as needed, at which time such registration information collected shall be forwarded to the appropriate county registry.
(b) The SEAD shall be made accessible to all such appropriate state and county emergency response personnel and organizations as may be deemed appropriate by the commission in order to properly plan for securing the needs, safety, and well-being of the registrants. This shall include, but not be limited to, planning for evacuations, assessing the need for individual evacuations during emergency situations that may not require the evacuation of the general public, prepositioning equipment and supplies, or such other measures as the commission deems necessary to accomplish the objectives of this article. In addition, the SEAD shall be made accessible to all appropriate federal emergency response organizations and shall be made available to such other voluntary relief organizations as the commission deems necessary.
(c) All records, data, information, correspondence and communications relating to the SEAD shall be confidential, except that such information may be made available at the discretion of the commission in furtherance of the objectives of this article. The individual file of a person having registered with the SEAD shall be made available to that person upon request.
(d) The commission shall not be liable for any claim based upon the good faith exercise or performance or the good faith failure to exercise
S. 561 3
or perform a function or duty on the part of any officer or employee in the maintenance or usage of the SEAD.
§ 3. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the executive law, in relation to adding elderly persons to disaster preparedness registries and creating a state emergency assistance database
Purpose or general idea of bill
Requires, rather than authorizes, county governments to maintain a registry of disabled persons to be used for disaster preparedness, and to include elderly persons in that registry. The bill directs the State Emergency Management Office (SEMO) to collect the county disaster preparedness registries for inclusion in a State Emergency Management Database.
Summary of specific provisions
Section One: Amends section 23-a of the Executive Law to direct, rather than recommend, that all county chief executives maintain county regis- try of disabled or elderly persons located within that county for purposes of local disaster preparedness, and expands the definition of persons who may be placed in such a registry to include anyone whose ability to care for themselves during an emergency situation is adverse- ly affected by advanced age, or permanent or temporary medical condi- tion. Registration would continue to remain voluntary for all individ- uals.
Section Two: Creates a new Section 23-b of the Executive Law, which directs SEMO to establish the State Emergency Assistance Database (SEAR). The SEAR is to be a comprehensive listing of all persons located in New York State, who have voluntarily requested placement on any coun- ty registry of elderly or disabled persons as established by section 1 of this Bill, and in addition may SEAR may accept voluntary registrants directly as needed. The State Emergency Assistance Database may be made accessible to all such appropriate state and county emergency response personnel and organizations as appropriate.
Justification
One of the primary functions of government at all levels must be to properly care for all of its citizens during natural or man-made disas- ters. In the case of elderly citizens, or those who live with one or more disabilities, a disaster is particularly dangerous, and disasters which may merely tax the patience and endurance of most New Yorkers may be absolutely life threatening for these individuals. When time and resources are limited, as they are for almost any level of government during a disaster. It is imperative that emergency responders and relief workers are able to quickly identify those whose emergency managers be able to properly plan for all phases of disaster recovery well before it happens. In time of crisis, it would be very reassuring for scared and vulnerable persons to know that the authorities are aware of their location and can monitor their condition, and it would certainly relieve much of their anxiety to hear from emergency response personnel as soon as possible. At the same time, the bill respects the privacy of those who would prefer not to be so registered by allowing this to be a volun- tary program for individuals.
This bill expands upon an existing state program where counties were authorized to maintain a registry of their most vulnerable populations, and requires those counties which were not doing so to now commence. The bill goes on to establish a Statewide directory made up of all of the county registries, which could be then used for planning purposes by SEMO, shared with FEMA or agencies from other states arriving to offer assistance, or other agencies within state government.
Prior legislative history
02/02/17: S.4044 REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS 01/03/18: S.4044 REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
Effective date
This act shall take effect immediately.
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