Bill Text: NY A09004 | 2019-2020 | General Assembly | Introduced
Bill Title: Establishes the office of the advocate for people with disabilities to advocate on behalf of persons with disabilities and assure that persons with disabilities are afforded the opportunity to exercise all of the rights and responsibilities accorded to citizens of the state of New York.
Spectrum: Moderate Partisan Bill (Democrat 32-8)
Status: (Engrossed - Dead) 2020-01-29 - REFERRED TO FINANCE [A09004 Detail]
Download: New_York-2019-A09004-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9004 IN ASSEMBLY January 10, 2020 ___________ Introduced by M. of A. STECK, REYES, COLTON, SIMON, JAFFEE, DE LA ROSA, DeSTEFANO, CROUCH, MOSLEY, COOK, STERN, D'URSO, ENGLEBRIGHT, SANTABAR- BARA, M. G. MILLER, BARRON, ZEBROWSKI, RIVERA, DICKENS, ROMEO, GOTT- FRIED, MONTESANO, MORINELLO, KOLB, WALSH, CRUZ, BUTTENSCHON, OTIS, WEPRIN, L. ROSENTHAL, FRONTUS, SEAWRIGHT, GRIFFIN, FALL, NIOU, JACOB- SON, M. L. MILLER -- 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 advocate for people with disabilities 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 19-E 2 to read as follows: 3 ARTICLE 19-E 4 OFFICE OF THE ADVOCATE FOR PEOPLE WITH DISABILITIES 5 Section 460. Legislative intent. 6 461. Definitions. 7 462. Office of the advocate for people with disabilities. 8 463. Director; general responsibilities. 9 § 460. Legislative intent. Persons with disabilities comprise a major 10 segment of the state of New York's population and their particular needs 11 and concerns must be considered as an integral part of the planning and 12 implementation of all state programs and services affecting their lives 13 and well-being. The office of the advocate for people with disabilities 14 shall advocate on behalf of persons with disabilities and assure that 15 persons with disabilities are afforded the opportunity to exercise all 16 of the rights and responsibilities accorded to citizens of this state. 17 § 461. Definitions. For purposes of this article: 18 (a) "Persons with disabilities" shall mean any person who has a disa- 19 bility as defined in subdivision twenty-one of section two hundred nine- 20 ty-two of this chapter. 21 (b) "State agency" or "state agencies" shall mean any state depart- 22 ment, board, bureau, division, commission, committee, public authority, 23 public corporation, council, office or other governmental entity EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04317-02-0A. 9004 2 1 performing a governmental or proprietary function for the state, except 2 the judiciary or the state legislature. 3 § 462. Office of the advocate for people with disabilities. (a) There 4 is hereby established within the department of the state, an office of 5 the advocate for people with disabilities. The office of the advocate 6 for people with disabilities shall advise and assist state agencies in 7 developing policies designed to help meet the needs of persons with 8 disabilities. 9 (b) The office of the advocate for people with disabilities shall: (i) 10 be the state's coordinator for the implementation of the Americans with 11 Disabilities Act; (ii) coordinate state activities to ensure that state 12 programs do not discriminate against and are accessible to persons with 13 disabilities; (iii) ensure that such programs provide services to indi- 14 viduals with disabilities in the most integrated setting appropriate to 15 their needs; and (iv) work with state agencies to develop legislation 16 and potential regulatory changes to help effectuate the duties and 17 responsibilities required in this article, and any other changes that 18 may significantly affect the lives of persons with disabilities in the 19 state. 20 (c) The office of the advocate for people with disabilities shall, to 21 the extent practicable, review and report to the governor upon proposed 22 legislation and regulations. The office of the advocate for people with 23 disabilities shall submit comments, where appropriate, to the state 24 agency which referred such proposed legislation and regulations evaluat- 25 ing: (i) the impact of the proposed legislation or regulation upon 26 persons with disabilities; (ii) the relationship and impact of such 27 proposed legislation or regulation on existing programs affecting 28 persons with disabilities; and (iii) any modifications that would help 29 persons with disabilities or aid in the implementation of the new 30 proposal. All state agencies shall cooperate with the office of the 31 advocate for people with disabilities to ensure that the office is able 32 to fulfill the requirements under this article. 33 § 463. Director; general responsibilities. The head of the office of 34 the advocate for people with disabilities shall be the director, who 35 shall be appointed by the governor and receive a salary to be fixed by 36 the governor within the amounts appropriated therefor. The director, 37 subject to rules prescribed by the governor, may appoint and fix the 38 compensation of employees of the office within the amounts appropriated 39 therefor. 40 § 2. Subdivisions 1 and 2 of section 702 of the executive law, as 41 added by chapter 551 of the laws of 2002, are amended to read as 42 follows: 43 1. The most integrated setting coordinating council is hereby created 44 within the executive department to have and exercise the functions, 45 powers and duties provided by the provisions of this article and any 46 other provision of law. The council shall be comprised of the commis- 47 sioners of: the department of health, the office [of mental retardation48and] for people with developmental disabilities, the office of mental 49 health, the department of transportation, the office of children and 50 family services, the office of [alcohol and substance abuse] addiction 51 services and supports, the department of education, and the division of 52 housing and community renewal. In addition, the council shall consist of 53 the director of the office for the aging, [a representative from] the 54 director of the office of the advocate for [persons] people with disa- 55 bilities, [a representative from the commission on quality of care for56the mentally disabled,] three consumers of services for individuals withA. 9004 3 1 disabilities, one to be appointed by the governor, one to be appointed 2 by the temporary president of the senate, and one to be appointed by the 3 speaker of the assembly, three individuals with expertise in the field 4 of community services for people of all ages with disabilities, one to 5 be appointed by the governor, one to be appointed by the temporary pres- 6 ident of the senate, and one to be appointed by the speaker of the 7 assembly, and three individuals with expertise in or recipients of 8 services available to senior citizens with disabilities, one to be 9 appointed by the governor, one to be appointed by the temporary presi- 10 dent of the senate, and one to be appointed by the speaker of the assem- 11 bly. 12 2. The [commissioners of the department of health, the office of13mental health, the office of mental retardation and developmental disa-14bilities, and the director of the office for the aging] director of the 15 office of the advocate for people with disabilities shall [rotate] serve 16 as chairperson of the council [on a quarterly basis]. 17 § 3. This act shall take effect April 1, 2021.
