Bill Text: NY A03130 | 2021-2022 | General Assembly | Introduced


Bill Title: Establishes the office of the advocate for people with disabilities to advocate on behalf of persons with disabilities and assure that persons with disabilities are afforded the opportunity to exercise all of the rights and responsibilities accorded to citizens of the state of New York.

Spectrum: Moderate Partisan Bill (Democrat 28-5)

Status: (Introduced) 2021-01-22 - referred to governmental operations [A03130 Detail]

Download: New_York-2021-A03130-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          3130

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    January 22, 2021
                                       ___________

        Introduced  by  M. of A. STECK -- Multi-Sponsored by -- M. of A. BARRON,
          BUTTENSCHON,  COLTON,  COOK,  CRUZ,  DE LA ROSA,  DeSTEFANO,  DICKENS,
          ENGLEBRIGHT,  EPSTEIN,  FALL,  FRONTUS,  GOTTFRIED, GRIFFIN, JACOBSON,
          LUPARDO,  M. MILLER,  MONTESANO,  MORINELLO,  NIOU,  OTIS,  PALMESANO,
          REYES, J. RIVERA, L. ROSENTHAL, SANTABARBARA, SEAWRIGHT, SIMON, STERN,
          WALSH, WEPRIN, ZEBROWSKI -- read once and referred to the Committee on
          Governmental Operations

        AN  ACT  to  amend  the  executive  law, in relation to establishing the
          office of the advocate for people with disabilities

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

     1    Section  1.  The executive law is amended by adding a new article 19-E
     2  to read as follows:
     3                                ARTICLE 19-E
     4             OFFICE OF THE ADVOCATE FOR PEOPLE WITH DISABILITIES
     5  Section 460. Legislative intent.
     6          461. Definitions.
     7          462. Office of the advocate for people with disabilities.
     8          463. Director; general responsibilities.
     9    § 460. Legislative intent.  Persons with disabilities comprise a major
    10  segment of the state of New York's population and their particular needs
    11  and concerns must be considered as an integral part of the planning  and
    12  implementation  of all state programs and services affecting their lives
    13  and well-being. The office of the advocate for people with  disabilities
    14  shall  advocate  on  behalf of persons with disabilities and assure that
    15  persons with disabilities are afforded the opportunity to  exercise  all
    16  of the rights and responsibilities accorded to citizens of this state.
    17    § 461. Definitions. For purposes of this article:
    18    (a)  "Persons with disabilities" shall mean any person who has a disa-
    19  bility as defined in subdivision twenty-one of section two hundred nine-
    20  ty-two of this chapter.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04452-01-1

        A. 3130                             2

     1    (b) "State agency" or "state agencies" shall mean  any  state  depart-
     2  ment,  board, bureau, division, commission, committee, public authority,
     3  public  corporation,  council,  office  or  other  governmental   entity
     4  performing  a governmental or proprietary function for the state, except
     5  the judiciary or the state legislature.
     6    §  462. Office of the advocate for people with disabilities. (a) There
     7  is hereby established within the department of the state, an  office  of
     8  the  advocate  for  people with disabilities. The office of the advocate
     9  for people with disabilities shall advise and assist state  agencies  in
    10  developing  policies  designed  to  help  meet the needs of persons with
    11  disabilities.
    12    (b) The office of the advocate for people with disabilities shall: (i)
    13  be the state's coordinator for the implementation of the Americans  with
    14  Disabilities  Act; (ii) coordinate state activities to ensure that state
    15  programs do not discriminate against and are accessible to persons  with
    16  disabilities;  (iii) ensure that such programs provide services to indi-
    17  viduals with disabilities in the most integrated setting appropriate  to
    18  their  needs;  and  (iv) work with state agencies to develop legislation
    19  and potential regulatory changes  to  help  effectuate  the  duties  and
    20  responsibilities  required  in  this article, and any other changes that
    21  may significantly affect the lives of persons with disabilities  in  the
    22  state.
    23    (c)  The office of the advocate for people with disabilities shall, to
    24  the extent practicable, review and report to the governor upon  proposed
    25  legislation  and regulations. The office of the advocate for people with
    26  disabilities shall submit comments,  where  appropriate,  to  the  state
    27  agency which referred such proposed legislation and regulations evaluat-
    28  ing:  (i)  the  impact  of  the  proposed legislation or regulation upon
    29  persons with disabilities; (ii) the  relationship  and  impact  of  such
    30  proposed  legislation  or  regulation  on  existing  programs  affecting
    31  persons with disabilities; and (iii) any modifications that  would  help
    32  persons  with  disabilities  or  aid  in  the  implementation of the new
    33  proposal.  All state agencies shall cooperate with  the  office  of  the
    34  advocate  for people with disabilities to ensure that the office is able
    35  to fulfill the requirements under this article.
    36    § 463. Director; general responsibilities. The head of the  office  of
    37  the  advocate  for  people  with disabilities shall be the director, who
    38  shall be appointed by the governor and receive a salary to be  fixed  by
    39  the  governor  within  the  amounts appropriated therefor. The director,
    40  subject to rules prescribed by the governor, may  appoint  and  fix  the
    41  compensation  of employees of the office within the amounts appropriated
    42  therefor.
    43    § 2.  Subdivisions 1 and 2 of section 702 of  the  executive  law,  as
    44  amended  by  chapter  672  of  the  laws of 2019, are amended to read as
    45  follows:
    46    1.  The most integrated setting coordinating council is hereby created
    47  within the executive department to  have  and  exercise  the  functions,
    48  powers  and  duties  provided  by the provisions of this article and any
    49  other provision of law. The council shall be comprised  of  the  commis-
    50  sioners  of: the department of health, the office for people with devel-
    51  opmental disabilities, the office of mental health,  the  department  of
    52  transportation,  the  office of children and family services, the office
    53  of [alcohol and substance abuse] addiction services  and  supports,  the
    54  department  of  education,  and  the  division  of housing and community
    55  renewal. In addition, the council shall consist of the director  of  the
    56  office for the aging, [a representative from] the director of the office

        A. 3130                             3

     1  of  the  advocate  for  [persons] people with disabilities, [a represen-
     2  tative from the commission on quality of care  for  the  mentally  disa-
     3  bled,]  three  consumers  of services for individuals with disabilities,
     4  one  to  be appointed by the governor, one to be appointed by the tempo-
     5  rary president of the senate, and one to be appointed by the speaker  of
     6  the assembly, three individuals with expertise in the field of community
     7  services  for  people of all ages with disabilities, one to be appointed
     8  by the governor, one to be appointed by the temporary president  of  the
     9  senate,  and  one  to  be  appointed by the speaker of the assembly, and
    10  three individuals with expertise in or recipients of services  available
    11  to  senior citizens with disabilities, one to be appointed by the gover-
    12  nor, one to be appointed by the temporary president of the  senate,  and
    13  one to be appointed by the speaker of the assembly.
    14    2.  The  [commissioners  of  the  department  of health, the office of
    15  mental health, the office for people  with  developmental  disabilities,
    16  and  the director of the office for the aging] director of the office of
    17  the advocate for people with disabilities shall [rotate] serve as chair-
    18  person of the council [on a quarterly basis].
    19    § 3. This act shall take effect April 1, 2022.
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