S07570 Summary:

BILL NOS07570
 
SAME ASSAME AS A09004
 
SPONSORSKOUFIS
 
COSPNSR
 
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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S07570 Actions:

BILL NOS07570
 
01/27/2020REFERRED TO FINANCE
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S07570 Text:



 
                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.
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