BILL NUMBER:A10676

TITLE OF BILL:  An act to amend the executive law, in relation to
certain unlawful discriminatory practices

PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to clarify
the scope of protections against discrimination on the basis of disabil-
ity in services provided by public entities.

SUMMARY OF SPECIFIC PROVISIONS: Section one of this bill adds two new
subdivisions, 35 and 36, to section 292 of the executive law. New subdi-
vision 35 defines the term "public entity" to mean the state or any
political subdivision including any department, agency, special purpose
district, or other instrumentality of state or local government. Subdi-
vision 36 would add to the term "auxiliary aids and services." Under
this new section, these services would include qualified interpreters or
readers for the hearing or visually impaired, acquisition or modifica-
tion of equipment and other similar services and actions.

Section two of this bill would amend section 296 of the executive law to
add three new subdivisions, three-c, three-d, and three-e. The new
subdivision three-c would not allow public entities to deny services,
programs or activities to exclude a qualified person with a disability
based on such disability. Subdivision three-d would also make it an
unlawful discriminatory practice for a public entity to refuse to make
reasonable modifications to rules, policies or practices, remove archi-
              

tectural, communication or transportation barriers or refuse to provide
auxiliary aids and services to a person with a disability, unless they
can show that to do so would pose an undue hardship. Subdivision three-
-e provides that to the extent that certain public transportation enti-
ties are covered by Subtitle B Title II of the Americans with Disabili-
ties Act of 1990, 42 USC 12141 et seq., such entities shall not be
subject to the requirements of subdivisions three-c and three-d of this
section.

JUSTIFICATION: Beginning with the adoption of Chapter 988 of the laws of
1974, true nondiscrimination requires more than merely refraining from
offensive conduct. In some instances, there are certain modest actions
which must be undertaken to assure that people with disabilities have an
equal opportunity to participate in certain programs, services and
activities.

Title II of the ADA prohibits discrimination on the basis of disability
by government entities. For several years, similar requirements have
been applied to any entity, including state and local government, which
receives, federal funds pursuant to the federal Rehabilitation Act of
1973. Given the scope of the 1973 mandate and the extent to which state
and local governments continue to receive federal funds, the additional
impact of this requirement should be minimal. Although Section 296 of
the Executive Law already prohibits such discrimination by public enti-
ties as employers and operators of public facilities, this measure will

clarify two key obligations of governmental entities providing benefits,
programs or services.

First, it will be clear that prohibitions against discrimination extend
beyond employment and use of facilities to services, programs and activ-
ities. This distinction becomes critical in the case of individuals who
may be afforded full access to a facility but are denied the opportunity
to participate in a program offered in that facility because of their
disability. Second, it will be consistent with comparable federal
requirements and will clarify the obligation of the public entity to
take reasonable actions to assure that the rules, policies or practices
by which services, programs or activities are administered and that the
existence of architectural, communication or transportation barriers or
the absence of auxiliary aids and services do not prevent the partic-
ipation of eligible people with disabilities in public entity services,
programs and activities.

Given the minimal resources which the federal government has in the past
devoted and in the future is also expected to devote to ADA enforcement
the availability of state enforcement mechanisms through the Human
Rights Law is essential to assure adequate protections against discrimi-
nation on the basis of disability in the area of government services.
Furthermore, it adds consistency for government entities that are
attempting to assist people with disabilities by putting the federal
requirements in state law. And finally, it secures these protections in
state law, should they be challenged in federal court.

PRIOR LEGISLATIVE HISTORY:; A.6303B, 2007 and 2008 passed Assembly.
Same as S.7020A, 2008 referred to investigations and governmental oper-
ations. A.781 of 2009, passed Assembly. Same as S.5396 passed Senate.
Vetoed (Veto No. 61 of 2009).

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the one hundred twentieth
day after it shall have become law.