Bill Text: NY A08813 | 2017-2018 | General Assembly | Introduced


Bill Title: Establishes the office of the deaf and hard of hearing, and the deaf and hard of hearing advisory council.

Spectrum: Slight Partisan Bill (Democrat 12-4)

Status: (Introduced - Dead) 2018-01-03 - referred to governmental operations [A08813 Detail]

Download: New_York-2017-A08813-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          8813
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    November 29, 2017
                                       ___________
        Introduced  by  M.  of  A.  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 deaf and hard of hearing; and to repeal section 559 of
          the executive law relating to the New York state  interagency  coordi-
          nating  council  for  services to persons who are deaf, deaf-blind, or
          hard of hearing
          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 28 to
     2  read as follows:
     3                                 ARTICLE 28
     4                   OFFICE OF THE DEAF AND HARD OF HEARING
     5  Section 821. Definitions.
     6          822. Office of the deaf and hard of hearing.
     7          823. Executive director.
     8          824. Powers and duties of the office.
     9          825. Deaf and hard of hearing advisory council.
    10    § 821. Definitions. When used in this article, the following words and
    11  terms shall have the meanings ascribed to them in  this  section:  "deaf
    12  and  hard  of  hearing"  shall mean a person who has partial or complete
    13  loss of hearing including individuals who are deaf-blind.
    14    § 822. Office of the deaf and hard of hearing. There is hereby  estab-
    15  lished  within the executive department the "office of the deaf and hard
    16  of hearing".
    17    § 823. Executive director. The governor  shall  appoint  an  executive
    18  director  of the office who shall serve at the pleasure of the governor.
    19  The executive director shall receive  an  annual  salary  fixed  by  the
    20  governor within the amounts appropriated specifically therefor and shall
    21  be entitled to reimbursement for actual expenses necessarily incurred in
    22  the discharge of their official duties.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13497-03-7

        A. 8813                             2
     1    § 824. Powers and duties of the office. 1. The office shall advise the
     2  governor  and  the legislature on how the state can effectively meet the
     3  needs of the deaf and hard of hearing communities.
     4    2. The duties and responsibilities of the office are to:
     5    (a)  create  a  statewide  plan  to  deliver  coordinated services and
     6  programs to persons who are deaf and hard of hearing in  a  manner  that
     7  best  serves  their  needs  including  but  not  limited to educational,
     8  medical, housing, and employment services;
     9    (b) develop a process to collect and maintain data on  the  number  of
    10  deaf and hard of hearing individuals in New York state;
    11    (c)  regularly  maintain  a  website that serves as a clearinghouse of
    12  information, resources and services for persons who are deaf and hard of
    13  hearing;
    14    (d) create a referral  system  that  receives  complaints  in  matters
    15  affecting  the  deaf  and  hard  of  hearing  community  and refers such
    16  complaints to the appropriate agencies or organizations if necessary  or
    17  appropriate;
    18    (e)  coordinate  with  state  and  local agencies to improve access to
    19  public safety and emergency services;
    20    (f) develop strategies to increase employment opportunities  for  deaf
    21  and hard of hearing individuals;
    22    (g)  develop and recommend policies to the governor and legislature as
    23  deemed necessary to assist the deaf and hard of hearing communities;
    24    (h) develop a model policy on interpreter services  including  methods
    25  to  increase  access  to such services and licensing of qualified inter-
    26  preters;
    27    (i) provide technical assistance to  local  governments,  agencies  or
    28  other   non-governmental  entities  on  developing  policies,  providing
    29  services and increasing accessibility for the deaf and hard  of  hearing
    30  communities;
    31    (j)  improve  and  expand access to assistive technology including but
    32  not limited to, relay  services,  closed  captioning,  open  captioning,
    33  hearing   loops,   telecommunication   devices  or  other  communication
    34  services; and
    35    (k) coordinate with the department of state regarding access to  hear-
    36  ing aids and other associated resources.
    37    3. The office shall submit an annual report to the governor and legis-
    38  lature  detailing  the operation and actions of the office including but
    39  not limited to the development and implementation of the statewide plan,
    40  policy recommendations, and actions taken in conjunction with  state  or
    41  local agencies.
    42    § 825. Deaf and hard of hearing advisory council. 1. An advisory coun-
    43  cil  is  hereby  established to make recommendations on deaf and hard of
    44  hearing related issues, assist  in  the  development  of  policies,  and
    45  facilitate  coordination between federal, state and local governments on
    46  issues related to the deaf and hard of hearing community.
    47    2. The advisory council shall be comprised of eleven  voting  members.
    48  All members must be New York residents.
    49    (a)  Four  members  of the council shall be appointed by the governor,
    50  two of whom shall be deaf or hard of hearing.
    51    (b) Four members of the council shall be appointed  in  the  following
    52  manner  and  must  be deaf or hard of hearing: one member of the council
    53  shall be appointed by the temporary president of the senate, one  member
    54  of  the  council  shall be appointed by the speaker of the assembly, one
    55  member of the council shall be appointed by the minority leader  of  the

        A. 8813                             3
     1  senate  and one member of the council shall be appointed by the minority
     2  leader of the assembly.
     3    (c)  One  member of the council shall be the executive director of the
     4  office of the deaf and hard of hearing; one member of the council  shall
     5  be  the  president of the empire association of the deaf or their desig-
     6  nee; and one member of the council shall be the president of the hearing
     7  loss association of New York state or their designee.
     8    3. The members of the advisory council  shall  serve  terms  of  three
     9  years. Of the four persons appointed pursuant to paragraph (a) of subdi-
    10  vision  two of this section, two shall serve for a term of two years and
    11  two shall serve for a term of one year, as determined by  the  governor.
    12  Of  the  four persons appointed pursuant to paragraph (b) of subdivision
    13  two of this section, the appointments by the temporary president of  the
    14  senate  and  the  speaker  of the assembly shall serve for a term of two
    15  years, and the appointments by the minority leader of the senate and the
    16  minority leader of the assembly shall serve for  a  term  of  one  year.
    17  Subsequent  appointments upon the expiration of term shall be for a term
    18  of three years and shall be filled in the same manner  as  the  original
    19  appointment.
    20    4.  Members  of the advisory council shall serve without compensation,
    21  but shall be allowed their actual and necessary expenses incurred in the
    22  performance of their duties.
    23    5. The advisory council shall meet no less than two  times  per  year.
    24  The  meetings  shall  be made accessible to the deaf and hard of hearing
    25  community. A majority of the voting membership of the  advisory  council
    26  shall  constitute  a  quorum  for  the  transaction of council business.
    27  Action may be taken and motions and resolutions adopted by the  advisory
    28  council at any meeting thereof by the affirmative vote of six members of
    29  the advisory council.
    30    § 2. Section 559 of the executive law is REPEALED.
    31    § 3. This act shall take effect on the one hundred eightieth day after
    32  it shall have become a law.
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