senate Bill S4415B

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:
Executive Law
Laws Affected:
Add ยง295-a, Exec L

Sponsor Memo

BILL NUMBER:S4415B

TITLE OF BILL: An act to amend the executive law, in relation to
establishing 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 I:Amends the Executive law by creating new section 295-a which
establishes an eight (8) member commission 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. Further, it 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 1.2015 and a
final report no later than November 1, 2016. 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 2: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.


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

                                 4415--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 27, 2013
                               ___________

Introduced  by  Sens. BONACIC, BOYLE, BRESLIN, 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 -- committee discharged, bill amended, ordered reprinted as
  amended  and  recommitted  to  said  committee  --  recommitted to the
  Committee on Finance in accordance with  Senate  Rule  6,  sec.  8  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the executive law, in relation to establishing the  25th
  anniversary of the Americans with Disabilities Act of 1990 commission

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

  Section 1. The executive law is amended by adding a new section  295-a
to read as follows:
  S  295-A.  25TH  ANNIVERSARY  OF  THE  AMERICANS WITH DISABILITIES ACT
COMMISSION. 1. THE GOVERNOR SHALL ESTABLISH A COMMISSION TO EVALUATE THE
AMERICANS WITH DISABILITIES ACT OF 1990 AND ITS  IMPLEMENTATION  IN  THE
STATE  OF  NEW  YORK.    SUCH  COMMISSION SHALL CONSIST OF THE FOLLOWING
PERSONS:
  (A) A CONSTRUCTION CONTRACTOR WHO CAN ESTIMATE THE COST OF  CONVERTING
EXISTING  FACILITIES  INTO  ACCESSIBLE FACILITIES TO BE APPOINTED BY THE
GOVERNOR;
  (B) 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;
  (C) AN ARCHITECT OR ENGINEER APPOINTED BY THE GOVERNOR;
  (D)  AN ATTORNEY WITH KNOWLEDGE OF THE AMERICANS WITH DISABILITIES ACT
TO BE APPOINTED BY THE GOVERNOR;
  (E) A TOWN SUPERVISOR OR CITY OR VILLAGE MAYOR FROM A TOWN,  CITY,  OR
VILLAGE  WITH  A  POPULATION  GREATER  THAN  TWENTY-FIVE  THOUSAND TO BE
APPOINTED BY THE GOVERNOR AT THE REQUEST OF THE SPEAKER OF THE ASSEMBLY;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08649-03-4

S. 4415--B                          2

  (F) AN ADVOCATE FOR PERSONS WITH DISABILITIES APPOINTED BY THE  GOVER-
NOR AT THE REQUEST OF THE TEMPORARY PRESIDENT OF THE SENATE;
  (G)  A  TOWN SUPERVISOR OR CITY OR VILLAGE MAYOR FROM A TOWN, CITY, OR
VILLAGE WITH A POPULATION LESS THAN TWENTY-FIVE THOUSAND TO BE APPOINTED
BY THE GOVERNOR AT THE REQUEST OF THE SPEAKER OF THE ASSEMBLY; AND
  (H) AN ELECTED OFFICIAL WITH A MOBILITY CHALLENGE TO BE  APPOINTED  BY
THE GOVERNOR AT THE REQUEST OF THE TEMPORARY PRESIDENT OF THE SENATE.
  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.
  3. 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.
  4.  (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
FIRST, TWO THOUSAND FIFTEEN AND A FINAL REPORT NOT LATER  THAN  NOVEMBER
FIRST, TWO THOUSAND SIXTEEN. 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. 4415--B                          3

  S 2. 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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