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.
STATE OF NEW YORK
________________________________________________________________________
7570
IN SENATE
January 27, 2020
___________
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.
26 § 462. Office of the advocate for people with disabilities. (a) There
27 is hereby established within the department of the state, an office of
28 the advocate for people with disabilities. The office of the advocate
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04317-02-0
S. 7570 2
1 for people with disabilities shall advise and assist state agencies in
2 developing policies designed to help meet the needs of persons with
3 disabilities.
4 (b) The office of the advocate for people with disabilities shall: (i)
5 be the state's coordinator for the implementation of the Americans with
6 Disabilities Act; (ii) coordinate state activities to ensure that state
7 programs do not discriminate against and are accessible to persons with
8 disabilities; (iii) ensure that such programs provide services to indi-
9 viduals with disabilities in the most integrated setting appropriate to
10 their needs; and (iv) work with state agencies to develop legislation
11 and potential regulatory changes to help effectuate the duties and
12 responsibilities required in this article, and any other changes that
13 may significantly affect the lives of persons with disabilities in the
14 state.
15 (c) The office of the advocate for people with disabilities shall, to
16 the extent practicable, review and report to the governor upon proposed
17 legislation and regulations. The office of the advocate for people with
18 disabilities shall submit comments, where appropriate, to the state
19 agency which referred such proposed legislation and regulations evaluat-
20 ing: (i) the impact of the proposed legislation or regulation upon
21 persons with disabilities; (ii) the relationship and impact of such
22 proposed legislation or regulation on existing programs affecting
23 persons with disabilities; and (iii) any modifications that would help
24 persons with disabilities or aid in the implementation of the new
25 proposal. All state agencies shall cooperate with the office of the
26 advocate for people with disabilities to ensure that the office is able
27 to fulfill the requirements under this article.
28 § 463. Director; general responsibilities. The head of the office of
29 the advocate for people with disabilities shall be the director, who
30 shall be appointed by the governor and receive a salary to be fixed by
31 the governor within the amounts appropriated therefor. The director,
32 subject to rules prescribed by the governor, may appoint and fix the
33 compensation of employees of the office within the amounts appropriated
34 therefor.
35 § 2. Subdivisions 1 and 2 of section 702 of the executive law, as
36 added by chapter 551 of the laws of 2002, are amended to read as
37 follows:
38 1. The most integrated setting coordinating council is hereby created
39 within the executive department to have and exercise the functions,
40 powers and duties provided by the provisions of this article and any
41 other provision of law. The council shall be comprised of the commis-
42 sioners of: the department of health, the office [of mental retardation
43 and] for people with developmental disabilities, the office of mental
44 health, the department of transportation, the office of children and
45 family services, the office of [alcohol and substance abuse] addiction
46 services and supports, the department of education, and the division of
47 housing and community renewal. In addition, the council shall consist of
48 the director of the office for the aging, [a representative from] the
49 director of the office of the advocate for [persons] people with disa-
50 bilities, [a representative from the commission on quality of care for
51 the mentally disabled,] three consumers of services for individuals with
52 disabilities, one to be appointed by the governor, one to be appointed
53 by the temporary president of the senate, and one to be appointed by the
54 speaker of the assembly, three individuals with expertise in the field
55 of community services for people of all ages with disabilities, one to
56 be appointed by the governor, one to be appointed by the temporary pres-
S. 7570 3
1 ident of the senate, and one to be appointed by the speaker of the
2 assembly, and three individuals with expertise in or recipients of
3 services available to senior citizens with disabilities, one to be
4 appointed by the governor, one to be appointed by the temporary presi-
5 dent of the senate, and one to be appointed by the speaker of the assem-
6 bly.
7 2. The [commissioners of the department of health, the office of
8 mental health, the office of mental retardation and developmental disa-
9 bilities, and the director of the office for the aging] director of the
10 office of the advocate for people with disabilities shall [rotate] serve
11 as chairperson of the council [on a quarterly basis].
12 § 3. This act shall take effect April 1, 2021.
