S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   726

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             January 7, 2015
                               ___________

Introduced  by  M. of A. ABINANTI, OTIS, ROBINSON, JAFFEE, RIVERA, RAIA,
  MARKEY, GOTTFRIED, SKOUFIS, BROOK-KRASNY, PAULIN,  McDONOUGH,  WEPRIN,
  AUBRY,  FAHY,  CYMBROWITZ,  CRESPO,  CLARK,  COOK,  MAYER,  LUPINACCI,
  MONTESANO, DUPREY,  SCARBOROUGH,  KEARNS,  PALUMBO,  SCHIMEL,  CAMARA,
  HOOPER,  PERRY,  ZEBROWSKI, MOYA, GALEF -- Multi-Sponsored by -- M. of
  A.   BARCLAY,   BRENNAN,   CERETTO,   LENTOL,   LIFTON,    McLAUGHLIN,
  PEOPLES-STOKES  --  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:

  Section 1. Legislative intent. The legislature hereby finds  that  the
tragedy  where  Avonte Oquendo wandered away from his school never to be
found alive highlights the continuing need to find ways to  protect  the
most  vulnerable  individuals in our state and to help prevent this type
of tragedy from happening again. The legislature further  finds  that  a
state-wide  program designed to make it easier to locate missing vulner-
able persons is one such mechanism to achieve this goal.  Therefore, the
legislature finds it appropriate to enact legislation herein to be known
as "Avonte's Law".
  S 2. Section 5.05 of the mental hygiene law is amended by adding a new
subdivision (f) to read as follows:
  (F) THE COMMISSIONERS OF THE OFFICE OF MENTAL HEALTH  AND  THE  OFFICE
FOR  PEOPLE  WITH  DEVELOPMENTAL  DISABILITIES ARE HEREBY AUTHORIZED AND
INSTRUCTED TO PROMULGATE RULES AND REGULATIONS AND TAKE ALL STEPS AS MAY
BE NECESSARY TO ESTABLISH A MISSING PERSON LOCATOR PROGRAM, TO BE IMPLE-
MENTED IN EVERY COUNTY IN THE STATE, THAT WILL  MAKE  AVAILABLE  TO  ALL
VULNERABLE  OR  AGING  PERSONS  WITHIN  THEIR CARE AT COST, UPON REQUEST
PERSONALLY OR THROUGH AN AGENT, PARENT OR GUARDIAN, A  PERSONAL  LOCATOR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03058-01-5
              

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DEVICE  TO BE PLACED ON SUCH INDIVIDUAL AND USED IN CONJUNCTION WITH THE
STATEWIDE MISSING PERSON LOCATOR SYSTEM DEVELOPED BY  THE  STATE  POLICE
PURSUANT  TO  SECTION  EIGHT HUNDRED THIRTY-SEVEN-F-TWO OF THE EXECUTIVE
LAW.    THE  STATE SHALL PROVIDE PAYMENT OR A SUBSIDY FOR ANY INDIVIDUAL
WHO CANNOT AFFORD TO PAY FOR SUCH LOCATOR DEVICE.
  S 3. Section 202 of the elder law is amended by adding two new  subdi-
visions 16 and 17 to read as follows:
  16.  TO MAKE AVAILABLE TO ALL VULNERABLE OR AGING PERSONS WITHIN THEIR
CARE AT COST, UPON REQUEST PERSONALLY OR THROUGH  AN  AGENT,  PARENT  OR
GUARDIAN,  A PERSONAL LOCATOR DEVICE TO BE PLACED ON SUCH INDIVIDUAL AND
USED IN CONJUNCTION WITH THE STATEWIDE  MISSING  PERSON  LOCATOR  SYSTEM
DEVELOPED  BY THE STATE POLICE PURSUANT TO SECTION EIGHT HUNDRED THIRTY-
SEVEN-F-TWO OF THE EXECUTIVE LAW.  THE STATE SHALL PROVIDE PAYMENT OR  A
SUBSIDY  FOR  ANY  INDIVIDUAL  WHO CANNOT AFFORD TO PAY FOR SUCH LOCATOR
DEVICE.
  17. TO MAKE AVAILABLE TO ALL VULNERABLE OR AGING  PERSONS  WITHIN  THE
CARE  OF  A  PRIVATE  FACILITY THAT IS SUBJECT TO THE PROVISIONS OF THIS
CHAPTER AT COST, UPON REQUEST PERSONALLY OR THROUGH AN AGENT, PARENT  OR
GUARDIAN,  A PERSONAL LOCATOR DEVICE TO BE PLACED ON SUCH INDIVIDUAL AND
USED IN CONJUNCTION WITH THE STATEWIDE  MISSING  PERSON  LOCATOR  SYSTEM
DEVELOPED  BY THE STATE POLICE PURSUANT TO SECTION EIGHT HUNDRED THIRTY-
SEVEN-F-TWO OF THE EXECUTIVE LAW.  THE STATE SHALL PROVIDE PAYMENT OR  A
SUBSIDY  FOR  ANY  INDIVIDUAL  WHO CANNOT AFFORD TO PAY FOR SUCH LOCATOR
DEVICE.
  S 4. Section 206 of the public health law is amended by adding  a  new
subdivision 29 to read as follows:
  29.  THE  COMMISSIONER SHALL MAKE AVAILABLE TO ALL VULNERABLE OR AGING
PERSONS WITHIN THEIR CARE AT COST, UPON REQUEST PERSONALLY OR THROUGH AN
AGENT, PARENT OR GUARDIAN, A PERSONAL LOCATOR DEVICE  TO  BE  PLACED  ON
SUCH  INDIVIDUAL  AND  USED  IN  CONJUNCTION  WITH THE STATEWIDE MISSING
PERSON LOCATOR SYSTEM DEVELOPED BY THE STATE POLICE PURSUANT TO  SECTION
EIGHT  HUNDRED THIRTY-SEVEN-F-TWO OF THE EXECUTIVE LAW.  THE STATE SHALL
PROVIDE PAYMENT OR A SUBSIDY FOR ANY INDIVIDUAL WHO CANNOT AFFORD TO PAY
FOR SUCH LOCATOR DEVICE.
  S 5. The executive law is amended by adding a new section  837-f-2  to
read as follows:
  S  837-F-2.  STATEWIDE  MISSING  PERSON  LOCATOR  SYSTEM. 1. THE STATE
POLICE ARE HEREBY AUTHORIZED AND  INSTRUCTED  TO  PROMULGATE  RULES  AND
REGULATIONS AND TAKE ALL STEPS AS MAY BE NECESSARY TO IMPLEMENT A STATE-
WIDE  LOCATOR  PROGRAM THAT WILL FACILITATE THE LOCATION OF LOST VULNER-
ABLE OR AGING PERSONS. THE PROGRAM SHALL BE IMPLEMENTED  IN  CONJUNCTION
WITH  ALL LOCAL LAW ENFORCEMENT AGENCIES AND THE STATE SHALL MAKE AVAIL-
ABLE IN EVERY COUNTY OF THE STATE EITHER THROUGH THE STATE POLICE, OR IN
COOPERATION WITH COUNTY  AND/OR  LOCAL  LAW  ENFORCEMENT  AGENCIES,  THE
NECESSARY LOCATOR EQUIPMENT.
  2.  THE STATE POLICE OR LOCAL LAW ENFORCEMENT AGENCY SHALL, AT COST TO
THE RECIPIENT, PROVIDE A BRACELET OR SIMILAR PERSONAL LOCATOR DEVICE  TO
ANY  DEPARTMENT,  OFFICE,  OR AGENCY THAT IS INVOLVED IN THE CARE AND/OR
HOUSING OF A VULNERABLE OR AGING PERSON. THE  STATE  POLICE  SHALL  ALSO
MAKE  SUCH LOCATOR DEVICES AVAILABLE, AT COST, TO ANY PRIVATE VULNERABLE
OR AGING INDIVIDUAL.  THE STATE SHALL PROVIDE PAYMENT OR A  SUBSIDY  FOR
ANY INDIVIDUAL WHO CANNOT AFFORD TO PAY FOR SUCH LOCATOR DEVICE.
  3.  THE LOCATOR DEVICE USED IN CONJUNCTION WITH THIS PROGRAM MUST RELY
UPON THE USE OF RADIODETERMINATION TECHNOLOGY RATHER THAN A GLOBAL POSI-
TIONING SYSTEM OR SATELLITE NAVIGATION SYSTEM.

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  4. THE STATE POLICE OR OTHER LAW ENFORCEMENT, SHALL APPROVE AND DESIG-
NATE PRIVATE ORGANIZATIONS WHO ARE AUTHORIZED TO DISSEMINATE SUCH  LOCA-
TOR BRACELETS OR DEVICES FOR USE BY AGING OR VULNERABLE INDIVIDUALS.
  S 6. This act shall take effect on the one hundred eightieth day after
it  shall have become a law. Effective immediately, the addition, amend-
ment, and/or repeal of any rule or regulation necessary for  the  timely
implementation of this act on its effective date is hereby authorized to
be made on or before such effective date.