Bill Text: NY S00805 | 2021-2022 | General Assembly | Introduced


Bill Title: Enacts the "New York commission for the deaf and hard of hearing act".

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO DISABILITIES [S00805 Detail]

Download: New_York-2021-S00805-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                           805

                               2021-2022 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 6, 2021
                                       ___________

        Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
          printed to be committed to the Committee on Mental Health and Develop-
          mental Disabilities

        AN ACT to amend the executive law, in relation to enacting the "New York
          commission for the deaf and hard of hearing act"

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

     1    Section  1.  Short  title. This act shall be known and may be cited as
     2  the "New York commission for the deaf and hard of hearing act".
     3    § 2. The executive law is amended by adding a  new  section  559-a  to
     4  read as follows:
     5    §  559-a.  1. Definitions. As used in this section, unless the context
     6  requires otherwise:
     7    (a) "Chairperson" means the chairperson of the commission for the deaf
     8  and hard of hearing.
     9    (b) "Commission" means the commission for the deaf and hard  of  hear-
    10  ing.
    11    (c)  "Director"  means the director of the commission for the deaf and
    12  hard of hearing.
    13    (d) "Vice-chairperson" means the vice-chairperson  of  the  commission
    14  for the deaf and hard of hearing.
    15    2.  Commission.  The  commission  for  the deaf and hard of hearing is
    16  created as an executive agency of state government. The commission shall
    17  be composed of eleven members, governed by a chairperson, and headed  by
    18  a director.
    19    3.  Commission  membership.  (a)  The  commission shall be composed of
    20  eleven voting members appointed by the governor from  residents  of  the
    21  state  whose  position, knowledge, or experience enables them to reason-
    22  ably represent the concerns, needs, and recommendations of deaf or  hard
    23  of  hearing  persons. At a minimum, six voting members of the commission

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04854-01-1

        S. 805                              2

     1  shall be persons who are deaf or hard of hearing, at least one  of  whom
     2  shall  be  fluent  in a sign language other than American sign language.
     3  The remaining five  members of the commission shall  be  representatives
     4  of  agencies, nonprofit corporations and organizations, and other groups
     5  that work with the deaf and hard of  hearing  communities,  as  well  as
     6  academics  and other experts. The chairperson of the commission shall be
     7  elected from the commission's membership by a simple  majority  vote  of
     8  the  total  membership  of  the  commission. The vice-chairperson of the
     9  commission shall be elected from the commission's membership by a simple
    10  majority vote of the total membership of the commission.
    11    (b) The governor shall consider nominations made  by  advocacy  groups
    12  for the deaf and hard of hearing and community-based organizations.
    13    (c)  Of  the initial members appointed by the governor, three shall be
    14  appointed to terms of one year, four shall be appointed to terms of  two
    15  years,  and four shall be appointed to terms of three years. Thereafter,
    16  all members shall be appointed for terms of three years. No member shall
    17  serve more than two consecutive terms. A member shall serve until his or
    18  her successor is appointed and qualified.
    19    (d) Initial members' terms of office shall be chosen  by  lot  at  the
    20  initial meeting of the commission.
    21    (e)  Vacancies  in  commission  membership shall be filled in the same
    22  manner as initial appointments. Appointments to fill vacancies occurring
    23  before the expiration of a term shall be for the remainder of the  unex-
    24  pired term.
    25    (f)  Members  shall  not  receive  compensation for their services but
    26  shall be reimbursed for their actual expenses incurred in  the  perform-
    27  ance  of  their  duties  plus up to fifty dollars per day for any actual
    28  loss of wages incurred in the performance of their duties.
    29    (g) Total membership consists of the  number  of  voting  members,  as
    30  defined  in this section, excluding any vacant positions. A quorum shall
    31  consist of a simple majority of total membership and shall be sufficient
    32  to conduct the transaction of business of the commission  unless  stipu-
    33  lated otherwise in the by-laws of the commission.
    34    (h) The commission shall meet at least quarterly.
    35    4.  Director.  The director shall be hired, supervised, evaluated, and
    36  terminated by the commission. The director shall carry out the policies,
    37  programs, and activities of the commission. The director  shall  employ,
    38  manage,  and  organize  the  staff  of the commission as he or she deems
    39  appropriate.
    40    5. Powers and duties of the commission.  The  commission  shall  be  a
    41  coordinating and advocating body that acts on behalf of the interests of
    42  persons  in  this state who are deaf or hard of hearing, including chil-
    43  dren, adults, senior citizens, and those with any additional disability.
    44  The commission shall cooperate and work in consultation with other agen-
    45  cies of the state with appropriate expertise and  authority  in  matters
    46  relating  to  persons  who  are deaf or hard of hearing.  The commission
    47  shall submit an annual report of its activities to the governor and  the
    48  legislature  on  or  before  January  first of each year. The commission
    49  shall:
    50    (a) Make  available  and  provide  an  educational  and  informational
    51  program through printed materials, workshop and training sessions, pres-
    52  entations,  demonstrations,  and public awareness events about deaf gain
    53  for citizens in this state and for  public  and  private  entities.  The
    54  program  shall  include,  but  not be limited to, information concerning
    55  information  and  referral  services,  lending  libraries,  service  and
    56  resource  availability,  the  interpreter  registry,  accessibility  and

        S. 805                              3

     1  accommodation issues, assistive technology,  empowerment  issues,  obli-
     2  gations  of  service  providers  and employers, educational options, and
     3  current federal and state statutes, regulations, and policies  regarding
     4  deaf gain.
     5    (b)  Cooperate  with public and private agencies and local, state, and
     6  federal governments to coordinate programs for persons who are  deaf  or
     7  hard of hearing.
     8    (c)  Provide  technical assistance, consultation, and training support
     9  to start and enhance existing programs and services for persons who  are
    10  deaf or hard of hearing.
    11    (d)  Evaluate  and  monitor state programs delivering services to deaf
    12  and hard of hearing persons to determine their  effectiveness;  identify
    13  and promote new services or programs whenever necessary; and make recom-
    14  mendations  to  public  officials about changes necessary to improve the
    15  quality and delivery of services, programs,  and  activities  and  about
    16  future financial support to continue existing programs and establish new
    17  programs.
    18    (e)  Monitor  state funded programs delivering services to persons who
    19  are deaf or hard of hearing to determine the extent  that  promised  and
    20  mandated services are delivered.
    21    (f)  Review,  evaluate, and participate in the development of proposed
    22  and amended statutes,  rules,  regulations,  and  policies  relating  to
    23  services,  programs, and activities for deaf and hard of hearing persons
    24  and make recommendations on existing statutes, rules,  regulations,  and
    25  policies to the governor, the legislature and state agencies.
    26    (g)  Promote  cooperation  among  state  and  local agencies providing
    27  educational programs for deaf and hard of hearing individuals.
    28    (h) Make recommendations upon request from the governor, the  legisla-
    29  ture  and  state  agencies  regarding  rules  and regulations related to
    30  recruitment, evaluation, certification, licensure, and  training  stand-
    31  ards of interpreters for deaf and hard of hearing persons.
    32    6.  Rules  and  regulations. The commission shall promulgate rules and
    33  regulations necessary to implement the provisions of this section.
    34    § 3. This act shall take effect on the one hundred twentieth day after
    35  it shall have become a law. Effective immediately, the addition,  amend-
    36  ment,  and/or repeal of any rules and regulations necessary to implement
    37  the provisions of this act on its effective date are  authorized  to  be
    38  completed on or before such effective date.
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