senate Bill S4415

Amended

Establishes the commission on the 25th anniversary of the Americans with Disabilities Act

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 27 / Mar / 2013
    • REFERRED TO FINANCE
  • 11 / Jun / 2013
    • AMEND (T) AND RECOMMIT TO FINANCE
  • 11 / Jun / 2013
    • PRINT NUMBER 4415A
  • 08 / Jan / 2014
    • REFERRED TO FINANCE
  • 29 / Jan / 2014
    • AMEND AND RECOMMIT TO FINANCE
  • 29 / Jan / 2014
    • PRINT NUMBER 4415B

Summary

Establishes a commission to evaluate the Americans with Disabilities Act of 1990 and its implementation in the state.

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Bill Details

Versions:
S4415
S4415A
S4415B
Legislative Cycle:
2013-2014
Current Committee:
Senate Finance
Law Section:
Commissions

Sponsor Memo

BILL NUMBER:S4415

TITLE OF BILL: An act to establish the 25th anniversary of the
Americans with Disabilities Act of 1990 commission

PURPOSE:

This bill would establish a commission to evaluate the Americans with
Disabilities Act of 1990 and its implementation in New York State

SUMMARY OF PROVISIONS:

Section 1: Creates an eight (8) member commission to be established
by the Governor to evaluate the Americans with Disabilities Act of
1990 and its implementation in New York State. Additionally, this
section provides for the appointment of the members of the commission
and provides that they will not receive compensation but will be
allowed their actual and necessary expenses incurred in the
performance of their functions.

Section 2: Provides that the commission shall issue an interim report
to the Governor, Temporary President of the Senate, Speaker of the
Assembly and Minority Leaders in both houses on or before November 1,
2014 and a final report no later than December 31, 2015. These reports
shall address: the status of the implementation of the Americans with
Disabilities Act in New York State; recommendations on future actions
relating to implementation of the Americans with Disabilities Act in
New York State; and obstacles to the implementation of the Americans
with Disabilities Act and methods to evaluate its implementation on an
ongoing basis.

Section 3: Effective date.

JUSTIFICATION:

The enactment of the Americans with Disabilities Act of 1990 was a
seminal moment in the movement for a better quality of life for those
with disabilities. This commission will ensure that the progress
embodied by that legislation is being realized and will continue to be
realized in the State of New York.

LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

Minimal to State.

EFFECTIVE DATE:

This act shall take effect immediately; provided that the 25th
anniversary of the Americans with Disabilities Act of 1990 commission
shall dissolve on its own motion or shall be dissolved automatically
no later than December 31, 2016.


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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4415

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 27, 2013
                               ___________

Introduced  by Sens. BONACIC, BOYLE, BRESLIN, FUSCHILLO, GOLDEN, GRIFFO,
  GRISANTI, LARKIN, MAZIARZ, MONTGOMERY,  NOZZOLIO,  SAMPSON,  YOUNG  --
  read  twice  and  ordered printed, and when printed to be committed to
  the Committee on Finance

AN ACT to establish the 25th anniversary of the Americans with Disabili-
  ties Act of 1990 commission

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. (a) There shall be a commission established by the governor
to  evaluate  the Americans with Disabilities Act of 1990 and its imple-
mentation in the state of New York.   Such commission shall  consist  of
the following persons:
  (1)  A construction contractor who can estimate the cost of converting
existing facilities into accessible facilities to be  appointed  by  the
governor;
  (2)  A  representative  of the city of New York to be appointed by the
governor upon the recommendation of the mayor of the city of New York;
  (3) An architect or engineer appointed by the governor;
  (4) An attorney with knowledge of the Americans with Disabilities  Act
to be appointed by the governor;
  (5)  A  town supervisor or city or village mayor from a town, city, or
village with a population greater than 25,000 to  be  appointed  by  the
governor at the request of the speaker of the assembly;
  (6)  An advocate for persons with disabilities appointed by the gover-
nor at the request of the temporary president of the senate;
  (7) A town supervisor or city or village mayor from a town,  city,  or
village with a population less than 25,000 to be appointed by the gover-
nor at the request of the speaker of the assembly; and
  (8)  An  elected official with a mobility challenge to be appointed by
the governor at the request of the temporary president of the senate.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08649-01-3

S. 4415                             2

  No member of the commission shall be  disqualified  from  holding  any
public office or employment, nor shall he or she forfeit any such office
or  employment by virtue of his or her appointment hereunder. Members of
the commission shall receive no  compensation  for  their  services  but
shall  be  allowed  their  actual and necessary expenses incurred in the
performance of their functions hereunder. A member of the commission may
be removed by the person who requested such member be appointed, or,  if
no  request was made, by the governor, only for good cause, after notice
and an opportunity to be heard. Vacancies shall be filled  in  the  same
manner as original appointments.
  (b)  There  shall  be non-voting, ex officio members of the commission
consisting of three state employees who  hold  policy  making  positions
appointed  by  the  governor.   Such members shall serve so long as they
hold the office they held when appointed by the governor unless extended
by the governor on the commission as a non-voting member.  The  governor
shall  designate  one of these members, who shall at all times be a full
time employee of the state to serve as secretary of the commission.  The
secretary shall also approve all meeting dates and locations and confirm
that the provisions of articles six and seven of the public officers law
are followed by the commission.  The secretary shall serve as the person
responsible  for  maintaining commission documents and coordinating with
other state employees or commissions any meetings, witnesses, or  testi-
mony  necessary  in  the  event  of  any public hearings, which shall be
recorded via stenographer or via electronic means.
  S 2. Powers and duties of the commission.  (a)  The  commission  shall
issue  an interim report to the governor, the temporary president of the
senate, the speaker of the assembly and  the  minority  leaders  of  the
senate and assembly on or before November 1, 2014 and a final report not
later  than December 31, 2015.  Such report shall also be made available
to the public. The final report shall address:
  (1) The status of the implementation of the Americans  with  Disabili-
ties Act in New York state;
  (2)  Recommendations  on  future actions relating to implementation of
the Americans with Disabilities Act in New York state;
  (3) Obstacles to the implementation of the Americans with Disabilities
Act and methods to evaluate its implementation on an ongoing basis.
  (b) In developing its reports, the commission shall be authorized to:
  (1) call upon any  agency,  department,  office,  division  or  public
authority  of  this state to supply it with such information and assist-
ance as the commission deems necessary  to  discharge  its  responsibil-
ities. Each agency, department, office, division and public authority of
this state shall cooperate with the commission and furnish such informa-
tion and assistance as it requests to accomplish its purposes;
  (2)  conduct  public  hearings,  hear  the  testimony of witnesses and
require the production of any documents the commission deems  reasonably
necessary to carry out its responsibilities;
  (3) take such other actions not inconsistent with the purposes of this
section as shall enable the commission to carry out its functions; and
  (4) select a chairperson from among its members by majority vote.
  S  3.  This  act shall take effect immediately; provided that the 25th
anniversary of the Americans with Disabilities Act  of  1990  commission
shall  dissolve on its own motion or shall be dissolved automatically no
later than December 31, 2016.

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