Bill Text: NY A03472 | 2019-2020 | 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: Moderate Partisan Bill (Democrat 12-3)

Status: (Introduced - Dead) 2020-01-08 - referred to governmental operations [A03472 Detail]

Download: New_York-2019-A03472-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          3472
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 29, 2019
                                       ___________
        Introduced  by  M.  of  A.  ZEBROWSKI,  QUART, BARRON, LUPARDO, SOLAGES,
          SIMON, DINOWITZ, D'URSO, GUNTHER, MONTESANO, RA, JOHNS --  Multi-Spon-
          sored  by -- M. of A.  HEVESI -- read once and referred to the Commit-
          tee 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
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01594-01-9

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

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