NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3124
SPONSOR: Sayegh TITLE OF BILL:
An act to amend the executive law, in relation to enacting the "New York
commission for the deaf and hard of hearing act"
PURPOSE:
This legislation will establish an agency in the State to address the
needs of deaf and hard of hearing New Yorkers.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill provides that this act shall be known as the "New
York Commission for the Deaf and Hard of Hearing Act".
Section 2 adds a new section 559-a to the executive law. This new
section:
1. Defines chairperson, commission, director, and vice-chairperson for
the commission for the deaf and hard of hearing.
2. Establishes the commission as an executive agency, governed by an
11-member board.
3. Provides that the commission members will be appointed by the gover-
nor. At least six voting members shall be persons who are deaf or hard
of hearing, including one who is fluent in a sign language other than
American Sign Language. Other members will represent groups and others
who work with the deaf and hard of hearing communities. This section
also defines methods of appointment, eligibility, length of terms, and
frequency of meetings.
4. Defines the role of the commission's director.
5. Defines the powers and duties of the commission, including making
available educational and informational materials about deaf gain; help-
ing public and private agencies to coordinate programming for deaf and
hard of hearing persons; providing support to start and improve service
programs; evaluation and monitoring of state programs delivering
services to determine their effectiveness and how they can be improved;
monitor state-funded programs to determine the extent they fulfill their
mandates; provide analysis and recommendations for consideration by the
governor and legislature; promote cooperation among agencies providing
educational programming; and make recommendations regarding rules and
regulations for interpreters for deaf and hard of hearing persons upon
request of the governor and legislature.
Section 3 is the effective date.
JUSTIFICATION:
According to the American Community Survey, more than 2 million New
Yorkers have some form of hearing loss. This bill seeks to create an
executive level agency to improve how the state currently serves these
New Yorkers. Many of our state's processes, ranging from public meetings
to interactions with state agencies, are designed in non-accessible
ways. In the past, interagency councils have convened to improve the
state's accessibility, but no long-term body currently exists to expand
on those efforts. New York can join many other states in increasing its
commitment to being an accessible and open state to all of its residents
by creating this agency, the New York Commission for the Deaf and Hard
of Hearing. The aim of this commission is to promote and advocate for
New Yorkers who are deaf and hard of hearing. The commission will work
to advance equality and opportunity in their lives; to enhance access to
services and programs; and to advance the most effective policies in the
state.
PRIOR LEGISLATIVE HISTORY:
2021-22: A8176 (Abinati) - Referred to Governmental Operations
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall have become a law. Effective immediately, the addition, amendment,
and/or repeal of any rules and regulations necessary to implement the
provisions of this act on its effective date are authorized to be
completed on or before such effective date.
STATE OF NEW YORK
________________________________________________________________________
3124
2023-2024 Regular Sessions
IN ASSEMBLY
February 2, 2023
___________
Introduced by M. of A. SAYEGH -- read once and referred to the Committee
on Governmental Operations
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
24 shall be persons who are deaf or hard of hearing, at least one of whom
25 shall be fluent in a sign language other than American sign language.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07673-01-3
A. 3124 2
1 The remaining five members of the commission shall be representatives
2 of agencies, nonprofit corporations and organizations, and other groups
3 that work with the deaf and hard of hearing communities, as well as
4 academics and other experts. The chairperson of the commission shall be
5 elected from the commission's membership by a simple majority vote of
6 the total membership of the commission. The vice-chairperson of the
7 commission shall be elected from the commission's membership by a simple
8 majority vote of the total membership of the commission.
9 (b) The governor shall consider nominations made by advocacy groups
10 for the deaf and hard of hearing and community-based organizations.
11 (c) Of the initial members appointed by the governor, three shall be
12 appointed to terms of one year, four shall be appointed to terms of two
13 years, and four shall be appointed to terms of three years. Thereafter,
14 all members shall be appointed for terms of three years. No member shall
15 serve more than two consecutive terms. A member shall serve until his or
16 her successor is appointed and qualified.
17 (d) Initial members' terms of office shall be chosen by lot at the
18 initial meeting of the commission.
19 (e) Vacancies in commission membership shall be filled in the same
20 manner as initial appointments. Appointments to fill vacancies occurring
21 before the expiration of a term shall be for the remainder of the unex-
22 pired term.
23 (f) Members shall not receive compensation for their services but
24 shall be reimbursed for their actual expenses incurred in the perform-
25 ance of their duties plus up to fifty dollars per day for any actual
26 loss of wages incurred in the performance of their duties.
27 (g) Total membership consists of the number of voting members, as
28 defined in this section, excluding any vacant positions. A quorum shall
29 consist of a simple majority of total membership and shall be sufficient
30 to conduct the transaction of business of the commission unless stipu-
31 lated otherwise in the by-laws of the commission.
32 (h) The commission shall meet at least quarterly.
33 4. Director. The director shall be hired, supervised, evaluated, and
34 terminated by the commission. The director shall carry out the policies,
35 programs, and activities of the commission. The director shall employ,
36 manage, and organize the staff of the commission as he or she deems
37 appropriate.
38 5. Powers and duties of the commission. The commission shall be a
39 coordinating and advocating body that acts on behalf of the interests of
40 persons in this state who are deaf or hard of hearing, including chil-
41 dren, adults, senior citizens, and those with any additional disability.
42 The commission shall cooperate and work in consultation with other agen-
43 cies of the state with appropriate expertise and authority in matters
44 relating to persons who are deaf or hard of hearing. The commission
45 shall submit an annual report of its activities to the governor and the
46 legislature on or before January first of each year. The commission
47 shall:
48 (a) Make available and provide an educational and informational
49 program through printed materials, workshop and training sessions, pres-
50 entations, demonstrations, and public awareness events about deaf gain
51 for citizens in this state and for public and private entities. The
52 program shall include, but not be limited to, information concerning
53 information and referral services, lending libraries, service and
54 resource availability, the interpreter registry, accessibility and
55 accommodation issues, assistive technology, empowerment issues, obli-
56 gations of service providers and employers, educational options, and
A. 3124 3
1 current federal and state statutes, regulations, and policies regarding
2 deaf gain.
3 (b) Cooperate with public and private agencies and local, state, and
4 federal governments to coordinate programs for persons who are deaf or
5 hard of hearing.
6 (c) Provide technical assistance, consultation, and training support
7 to start and enhance existing programs and services for persons who are
8 deaf or hard of hearing.
9 (d) Evaluate and monitor state programs delivering services to deaf
10 and hard of hearing persons to determine their effectiveness; identify
11 and promote new services or programs whenever necessary; and make recom-
12 mendations to public officials about changes necessary to improve the
13 quality and delivery of services, programs, and activities and about
14 future financial support to continue existing programs and establish new
15 programs.
16 (e) Monitor state funded programs delivering services to persons who
17 are deaf or hard of hearing to determine the extent that promised and
18 mandated services are delivered.
19 (f) Review, evaluate, and participate in the development of proposed
20 and amended statutes, rules, regulations, and policies relating to
21 services, programs, and activities for deaf and hard of hearing persons
22 and make recommendations on existing statutes, rules, regulations, and
23 policies to the governor, the legislature and state agencies.
24 (g) Promote cooperation among state and local agencies providing
25 educational programs for deaf and hard of hearing individuals.
26 (h) Make recommendations upon request from the governor, the legisla-
27 ture and state agencies regarding rules and regulations related to
28 recruitment, evaluation, certification, licensure, and training stand-
29 ards of interpreters for deaf and hard of hearing persons.
30 6. Rules and regulations. The commission shall promulgate rules and
31 regulations necessary to implement the provisions of this section.
32 § 3. This act shall take effect on the one hundred twentieth day after
33 it shall have become a law. Effective immediately, the addition, amend-
34 ment, and/or repeal of any rules and regulations necessary to implement
35 the provisions of this act on its effective date are authorized to be
36 completed on or before such effective date.
