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 31-8)
Status: (Passed) 2022-02-04 - approval memo.170 [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. LBD04452-01-1A. 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 officeA. 3130 3 1 of the advocate for [persons] people with disabilities, [a represen-2tative from the commission on quality of care for the mentally disa-3bled,] 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 of15mental health, the office for people with developmental disabilities,16and 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.