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. LBD13497-03-7A. 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 theA. 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.