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S01836 Summary:

BILL NOS01836
 
SAME ASSAME AS A03130
 
SPONSORSKOUFIS
 
COSPNSRADDABBO, GALLIVAN, GOUNARDES, JORDAN, MANNION, RATH
 
MLTSPNSR
 
Add Art 19-E 460 - 463, amd 702, Exec L
 
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.
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S01836 Actions:

BILL NOS01836
 
01/16/2021REFERRED TO FINANCE
02/10/2021COMMITTEE DISCHARGED AND COMMITTED TO DISABILITIES
05/03/2021REPORTED AND COMMITTED TO FINANCE
05/11/20211ST REPORT CAL.1010
05/12/20212ND REPORT CAL.
05/19/2021ADVANCED TO THIRD READING
05/24/2021SUBSTITUTED BY A3130
 A03130 AMEND= Steck (MS)
 01/22/2021referred to governmental operations
 04/27/2021reported referred to ways and means
 05/19/2021reported referred to rules
 05/24/2021reported
 05/24/2021rules report cal.86
 05/24/2021ordered to third reading rules cal.86
 05/24/2021passed assembly
 05/24/2021delivered to senate
 05/24/2021REFERRED TO FINANCE
 05/24/2021SUBSTITUTED FOR S1836
 05/24/20213RD READING CAL.1010
 05/24/2021PASSED SENATE
 05/24/2021RETURNED TO ASSEMBLY
 12/30/2021delivered to governor
 02/04/2022signed chap.834
 02/04/2022approval memo.170
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S01836 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1836
 
                               2021-2022 Regular Sessions
 
                    IN SENATE
 
                                    January 16, 2021
                                       ___________
 
        Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
          printed to be committed to the Committee on Finance
 
        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
    24  performing a governmental or proprietary function for the state,  except
    25  the judiciary or the state legislature.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04452-01-1

        S. 1836                             2
 
     1    §  462. Office of the advocate for people with disabilities. (a) There
     2  is hereby established within the department of the state, an  office  of
     3  the  advocate  for  people with disabilities. The office of the advocate
     4  for people with disabilities shall advise and assist state  agencies  in
     5  developing  policies  designed  to  help  meet the needs of persons with
     6  disabilities.
     7    (b) The office of the advocate for people with disabilities shall: (i)
     8  be the state's coordinator for the implementation of the Americans  with
     9  Disabilities  Act; (ii) coordinate state activities to ensure that state
    10  programs do not discriminate against and are accessible to persons  with
    11  disabilities;  (iii) ensure that such programs provide services to indi-
    12  viduals with disabilities in the most integrated setting appropriate  to
    13  their  needs;  and  (iv) work with state agencies to develop legislation
    14  and potential regulatory changes  to  help  effectuate  the  duties  and
    15  responsibilities  required  in  this article, and any other changes that
    16  may significantly affect the lives of persons with disabilities  in  the
    17  state.
    18    (c)  The office of the advocate for people with disabilities shall, to
    19  the extent practicable, review and report to the governor upon  proposed
    20  legislation  and regulations. The office of the advocate for people with
    21  disabilities shall submit comments,  where  appropriate,  to  the  state
    22  agency which referred such proposed legislation and regulations evaluat-
    23  ing:  (i)  the  impact  of  the  proposed legislation or regulation upon
    24  persons with disabilities; (ii) the  relationship  and  impact  of  such
    25  proposed  legislation  or  regulation  on  existing  programs  affecting
    26  persons with disabilities; and (iii) any modifications that  would  help
    27  persons  with  disabilities  or  aid  in  the  implementation of the new
    28  proposal.  All state agencies shall cooperate with  the  office  of  the
    29  advocate  for people with disabilities to ensure that the office is able
    30  to fulfill the requirements under this article.
    31    § 463. Director; general responsibilities. The head of the  office  of
    32  the  advocate  for  people  with disabilities shall be the director, who
    33  shall be appointed by the governor and receive a salary to be  fixed  by
    34  the  governor  within  the  amounts appropriated therefor. The director,
    35  subject to rules prescribed by the governor, may  appoint  and  fix  the
    36  compensation  of employees of the office within the amounts appropriated
    37  therefor.
    38    § 2.  Subdivisions 1 and 2 of section 702 of  the  executive  law,  as
    39  amended  by  chapter  672  of  the  laws of 2019, are amended to read as
    40  follows:
    41    1.  The most integrated setting coordinating council is hereby created
    42  within the executive department to  have  and  exercise  the  functions,
    43  powers  and  duties  provided  by the provisions of this article and any
    44  other provision of law. The council shall be comprised  of  the  commis-
    45  sioners  of: the department of health, the office for people with devel-
    46  opmental disabilities, the office of mental health,  the  department  of
    47  transportation,  the  office of children and family services, the office
    48  of [alcohol and substance abuse] addiction services  and  supports,  the
    49  department  of  education,  and  the  division  of housing and community
    50  renewal. In addition, the council shall consist of the director  of  the
    51  office for the aging, [a representative from] the director of the office
    52  of  the  advocate  for  [persons] people with disabilities, [a represen-
    53  tative from the commission on quality of care  for  the  mentally  disa-
    54  bled,]  three  consumers  of services for individuals with disabilities,
    55  one to be appointed by the governor, one to be appointed by  the  tempo-
    56  rary  president of the senate, and one to be appointed by the speaker of

        S. 1836                             3
 
     1  the assembly, three individuals with expertise in the field of community
     2  services for people of all ages with disabilities, one to  be  appointed
     3  by  the  governor, one to be appointed by the temporary president of the
     4  senate,  and  one  to  be  appointed by the speaker of the assembly, and
     5  three individuals with expertise in or recipients of services  available
     6  to  senior citizens with disabilities, one to be appointed by the gover-
     7  nor, one to be appointed by the temporary president of the  senate,  and
     8  one to be appointed by the speaker of the assembly.
     9    2.  The  [commissioners  of  the  department  of health, the office of
    10  mental health, the office for people  with  developmental  disabilities,
    11  and  the director of the office for the aging] director of the office of
    12  the advocate for people with disabilities shall [rotate] serve as chair-
    13  person of the council [on a quarterly basis].
    14    § 3. This act shall take effect April 1, 2022.
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