A09004 Summary:

BILL NOA09004
 
SAME ASSAME AS S07570
 
SPONSORSteck (MS)
 
COSPNSRReyes, 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
 
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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A09004 Actions:

BILL NOA09004
 
01/10/2020referred to governmental operations
01/22/2020reported referred to ways and means
01/22/2020reported
01/23/2020advanced to third reading cal.348
01/29/2020passed assembly
01/29/2020delivered to senate
01/29/2020REFERRED TO FINANCE
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A09004 Memo:

NEW 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.
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A09004 Text:



 
                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.
                                                                   LBD04317-02-0

        A. 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 retardation
    48  and] 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  for
    56  the mentally disabled,] three consumers of services for individuals with

        A. 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  of
    13  mental  health, the office of mental retardation and developmental disa-
    14  bilities, 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.
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