Bill Text: NY A01769 | 2015-2016 | General Assembly | Introduced

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Bill Title: Clarifies the scope of protections against discrimination on the basis of disability under the New York state human rights law in the areas of employment, public accommodations and government services to be consistent with the federal Americans with Disabilities Act and the current policies and practices of the division of human rights.

Spectrum: Partisan Bill (Democrat 12-0)

Status: (Introduced - Dead) 2016-01-06 - referred to governmental operations [A01769 Detail]

Download: New_York-2015-A01769-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1769
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 12, 2015
                                      ___________
       Introduced  by M. of A. CAHILL -- Multi-Sponsored by -- M. of A. CUSICK,
         DINOWITZ, GALEF, GLICK, GOTTFRIED, HEASTIE,  LIFTON,  LUPARDO,  ORTIZ,
         PAULIN,  ROSENTHAL,  WRIGHT -- read once and referred to the Committee
         on Governmental Operations
       AN ACT to amend the executive law, in relation to clarifying  the  scope
         of  protections  against  discrimination on the basis of disability in
         the area of government services
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Legislative  intent. With the enactment of chapter 988 of
    2  the laws of 1974, the legislature began to extend to people  with  disa-
    3  bilities  guarantees  that  such  individuals would not be discriminated
    4  against on the basis of their disability in employment,  use  of  public
    5  accommodations  and  in  a  broad  range  of  other areas and activities
    6  subject to the requirements of the human rights provisions of the execu-
    7  tive law.  The federal Americans with Disabilities Act, enacted in 1990,
    8  has extended similar protections throughout the nation.   While  current
    9  state  requirements are consistent with those adopted by the Congress in
   10  the Americans with Disabilities  Act,  the  federal  statute  explicitly
   11  includes  a number of requirements which are implicit in state law.  The
   12  legislature adopts this measure to reiterate this state's commitment  to
   13  assuring  people with disabilities full access under state law to all of
   14  the rights and remedies to which they are entitled under  the  Americans
   15  with Disabilities Act, consistent with current policies and practices of
   16  the  state  division of human rights, and to continue New York's preemi-
   17  nent role as a leader in guaranteeing equal rights and opportunities  to
   18  all of its citizens.
   19    S  2.  Section  292  of  the  executive law is amended by adding a new
   20  subdivision 35 to read as follows:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04990-01-5
       A. 1769                             2
    1    35. THE TERM "PUBLIC ENTITY" MEANS THE STATE OR ANY POLITICAL SUBDIVI-
    2  SION THEREOF AND ANY DEPARTMENT, AGENCY,  SPECIAL  PURPOSE  DISTRICT  OR
    3  OTHER INSTRUMENTALITY OF THE STATE OR LOCAL GOVERNMENT.
    4    S  3.  Section  296  of the executive law is amended by adding two new
    5  subdivisions 3-c and 3-d to read as follows:
    6    3-C. IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE  FOR  ANY  PUBLIC
    7  ENTITY  TO  EXCLUDE  A  PERSON WITH A DISABILITY WHO MEETS THE ESSENTIAL
    8  ELIGIBILITY REQUIREMENTS FROM PARTICIPATION IN OR DENY SUCH  PERSON  THE
    9  BENEFITS  OF SERVICES, PROGRAMS, OR ACTIVITIES OF A PUBLIC ENTITY SOLELY
   10  BY REASON OF SUCH DISABILITY OR TO SUBJECT SUCH PERSON WITH A DISABILITY
   11  TO DISCRIMINATION BY ANY SUCH ENTITY.
   12    3-D. IT SHALL BE AN UNLAWFUL  DISCRIMINATORY  PRACTICE  FOR  A  PUBLIC
   13  ENTITY TO REFUSE TO MAKE REASONABLE MODIFICATIONS TO RULES, POLICIES, OR
   14  PRACTICES,  TO  REFUSE TO REMOVE ARCHITECTURAL, COMMUNICATION, OR TRANS-
   15  PORTATION BARRIERS, OR TO REFUSE TO PROVIDE AUXILIARY AIDS AND SERVICES,
   16  INCLUDING BUT NOT LIMITED TO SUPPORT SERVICES FOR PEOPLE  WITH  IMPAIRED
   17  HEARING  OR  VISION  AND  ACQUISITION  OR  MODIFICATION  OF EQUIPMENT OR
   18  DEVICES, TO A PERSON WITH A DISABILITY WHO MEETS THE ESSENTIAL ELIGIBIL-
   19  ITY REQUIREMENTS WHICH WILL ALLOW SUCH AN INDIVIDUAL TO RECEIVE SERVICES
   20  OR PARTICIPATE IN PROGRAMS OR ACTIVITIES PROVIDED BY A PUBLIC ENTITY  IN
   21  THE MOST INTEGRATED MANNER POSSIBLE.
   22    S  4. This act shall take effect on the first of January next succeed-
   23  ing the date on which it shall have become a law.