A09004 Summary:
BILL NO | A09004 |
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SAME AS | SAME AS S07570 |
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SPONSOR | Steck (MS) |
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COSPNSR | Reyes, Colton, Simon, Jaffee, De La Rosa, DeStefano, Crouch, Mosley, Cook, Stern, D'Urso, Englebright, Santabarbara, Miller MG, Barron, Zebrowski, Rivera, Dickens, Romeo, Gottfried, Montesano, Morinello, Kolb, Walsh, Cruz, Buttenschon, Otis, Weprin, Rosenthal L, Frontus, Seawright, Griffin, Fall, Niou, Jacobson, Miller ML, Palmesano, Epstein, Lupardo |
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MLTSPNSR | |
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Add Art 19-E §§460 - 463, amd §702, Exec L | |
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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. |
A09004 Actions:
BILL NO | A09004 | |||||||||||||||||||||||||||||||||||||||||||||||||
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01/10/2020 | referred to governmental operations | |||||||||||||||||||||||||||||||||||||||||||||||||
01/22/2020 | reported referred to ways and means | |||||||||||||||||||||||||||||||||||||||||||||||||
01/22/2020 | reported | |||||||||||||||||||||||||||||||||||||||||||||||||
01/23/2020 | advanced to third reading cal.348 | |||||||||||||||||||||||||||||||||||||||||||||||||
01/29/2020 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
01/29/2020 | delivered to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
01/29/2020 | REFERRED TO FINANCE |
A09004 Committee Votes:
Zebrowski | Aye | Johns | Aye | ||||||
Galef | Aye | Goodell | Aye | ||||||
Glick | Aye | Lalor | Aye | ||||||
Kim | Aye | Byrne | Aye | ||||||
Buchwald | Aye | ||||||||
Bichotte | Aye | ||||||||
Blake | Aye | ||||||||
Hyndman | Aye | ||||||||
Williams | Aye | ||||||||
Epstein | Aye | ||||||||
Weinstein | Aye | Ra | Aye | ||||||
Lentol | Aye | Crouch | Aye | ||||||
Schimminger | Excused | Fitzpatrick | Aye | ||||||
Gantt | Excused | Hawley | Aye | ||||||
Glick | Aye | Malliotakis | Aye | ||||||
Nolan | Excused | Montesano | Aye | ||||||
Pretlow | Aye | Blankenbush | Aye | ||||||
Perry | Aye | Palmesano | Aye | ||||||
Colton | Aye | Norris | Aye | ||||||
Cook | Aye | Brabenec | Aye | ||||||
Cahill | Aye | ||||||||
Aubry | Aye | ||||||||
Thiele | Aye | ||||||||
Cusick | Aye | ||||||||
Ortiz | Aye | ||||||||
Benedetto | Aye | ||||||||
Weprin | Aye | ||||||||
Rodriguez | Aye | ||||||||
Ramos | Aye | ||||||||
Braunstein | Aye | ||||||||
McDonald | Aye | ||||||||
Rozic | Aye | ||||||||
Simotas | Aye | ||||||||
Dinowitz | Aye | ||||||||
Miller | Aye | ||||||||
Go to top
A09004 Floor Votes:
Yes
Abbate
Yes
Crespo
Yes
Frontus
Yes
Lentol
Yes
Paulin
Yes
Simon
Yes
Abinanti
Yes
Crouch
Yes
Galef
Yes
Lifton
Yes
Peoples-Stokes
Yes
Simotas
Yes
Arroyo
Yes
Cruz
ER
Gantt
Yes
LiPetri
Yes
Perry
Yes
Smith
Yes
Ashby
Yes
Cusick
Yes
Garbarino
Yes
Lupardo
Yes
Pheffer Amato
Yes
Smullen
Yes
Aubry
Yes
Cymbrowitz
Yes
Giglio
Yes
Magnarelli
Yes
Pichardo
Yes
Solages
Yes
Barclay
Yes
Darling
Yes
Glick
ER
Malliotakis
Yes
Pretlow
Yes
Stec
Yes
Barnwell
Yes
Raynor
Yes
Goodell
Yes
Manktelow
Yes
Quart
Yes
Steck
Yes
Barrett
ER
Davila
Yes
Gottfried
Yes
McDonald
Yes
Ra
Yes
Stern
Yes
Barron
Yes
De La Rosa
Yes
Griffin
ER
McDonough
Yes
Ramos
Yes
Stirpe
Yes
Benedetto
Yes
DenDekker
Yes
Gunther
Yes
McMahon
Yes
Reilly
Yes
Tague
Yes
Bichotte
ER
DeStefano
Yes
Hawley
Yes
Mikulin
Yes
Reyes
Yes
Taylor
Yes
Blake
Yes
Dickens
Yes
Hevesi
Yes
Miller B
Yes
Richardson
Yes
Thiele
Yes
Blankenbush
Yes
Dilan
Yes
Hunter
Yes
Miller MG
Yes
Rivera
Yes
Vanel
Yes
Brabenec
ER
Dinowitz
Yes
Hyndman
Yes
Miller ML
ER
Rodriguez
Yes
Walczyk
Yes
Braunstein
Yes
DiPietro
Yes
Jacobson
Yes
Montesano
ER
Romeo
Yes
Walker
Yes
Bronson
Yes
D'Urso
Yes
Jaffee
Yes
Morinello
Yes
Rosenthal D
Yes
Wallace
Yes
Buchwald
Yes
Eichenstein
Yes
Jean-Pierre
Yes
Mosley
Yes
Rosenthal L
Yes
Walsh
ER
Burke
Yes
Englebright
Yes
Johns
Yes
Niou
Yes
Rozic
Yes
Weinstein
Yes
Buttenschon
Yes
Epstein
Yes
Jones
Yes
Nolan
Yes
Ryan
Yes
Weprin
Yes
Byrne
Yes
Fahy
Yes
Joyner
Yes
Norris
Yes
Salka
Yes
Williams
Yes
Byrnes
Yes
Fall
Yes
Kim
Yes
O'Donnell
Yes
Santabarbara
Yes
Woerner
Yes
Cahill
Yes
Fernandez
ER
Kolb
Yes
Ortiz
Yes
Sayegh
Yes
Wright
Yes
Carroll
ER
Finch
Yes
Lalor
Yes
Otis
ER
Schimminger
Yes
Zebrowski
Yes
Colton
Yes
Fitzpatrick
Yes
Lavine
Yes
Palmesano
Yes
Schmitt
Yes
Mr. Speaker
Yes
Cook
Yes
Friend
Yes
Lawrence
Yes
Palumbo
Yes
Seawright
‡ Indicates voting via videoconference
A09004 Memo:
Go to topNEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)   BILL NUMBER: A9004 SPONSOR: Steck (MS)
  TITLE OF BILL: An act to amend the executive law, in relation to establishing the office of the advocate for people with disabilities   PURPOSE OR GENERAL IDEA OF BILL: Establishes the office of the advocate for people with disabilities; repealer.   SUMMARY OF PROVISIONS: Section 1: Amends the executive law by creating a new article 19-E to establish the Office of the Advocate for People with Disabilities. Section 2: Repeals Article 25 of the Executive Law. Section 3: Repeals Section 559 of the Executive Law. Section 4: Article 23-A Education. Section 5: Effective Date.   JUSTIFICATION: There is currently no agency-level office for people with physical disa- bilities to contact. This office was originally established by Governor Mario Cuomo in 1983 through Executive Order No. 26. As one of his first acts in office, Governor Andrew Cuomo continued Executive Order 26. However, despite the existence of the Office on the books, most of the disability advocacy functions that existed in state government within the original Office of the Advocate have disappeared throughout the years. This office will function as an advocate for the rights of people with disabilities to help receive services and support that enable them to make informed choices and decisions.   PRIOR LEGISLATIVE HISTORY: A1070605/30/18 passed assembly 05/30/18 delivered to Senate 05/30/18 REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS A4737/S674 05/29/19 Passed Senate and Assembly 12/13/19 Vetoed Memo. 208   FISCAL IMPLICATIONS: To Be Determined   EFFECTIVE DATE: This act shall take effect April 1, 2021, provided, however, that the governor is authorized to take, notwithstanding any law to the contrary, whatever steps are necessary to effectively and efficiently transfer the functions transferred to the office of the advocate for people with disabilities from other agencies of the state so that the office of the advocate for people with disabilities may fully commence operation on the effective date of this act.
A09004 Text:
Go to top 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.
A09004 LFIN:
  | NO LFIN |
A09004 Chamber Video/Transcript:
1-29-20 | Video (@ 01:54:05) | Transcript pdf | Transcript html |