Assembly Bill A10676

Vetoed By Governor
2009-2010 Legislative Session

Clarifies the scope of protections against discrimination on the basis of disability in services provided by public entities

download bill text pdf

Sponsored By

Archive: Last Bill Status - Vetoed by Governor


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Vetoed By Governor
  • Signed By Governor

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2009-A10676 (ACTIVE) - Details

See Senate Version of this Bill:
S7482
Law Section:
Executive Law
Laws Affected:
Amd ยงยง292 & 296, Exec L
Versions Introduced in 2011-2012 Legislative Session:
A71, S2407

2009-A10676 (ACTIVE) - Summary

Clarifies the scope of protections against discrimination on the basis of disability in services provided by public entities including exclusion from participation or denial of benefits, services, programs or activities of a public entity and refusal of a public entity to make reasonable accommodations unless such entity can establish undue hardship; defines terms.

2009-A10676 (ACTIVE) - Sponsor Memo

2009-A10676 (ACTIVE) - Bill Text download pdf

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

                                  10676

                          I N  A S S E M B L Y

                             April 14, 2010
                               ___________

Introduced  by  M.  of  A.  PAULIN,  CUSICK,  GUNTHER,  LIFTON, MILLMAN,
  J. RIVERA, ROSENTHAL, SCHROEDER, WEISENBERG, JAFFEE, ESPAILLAT, TITUS,
  KAVANAGH, LANCMAN -- Multi-Sponsored by  --  M.  of  A.  BING,  CLARK,
  COLTON, GABRYSZAK, GLICK, GOTTFRIED, JOHN, LUPARDO, MARKEY, MAYERSOHN,
  McENENY,  PHEFFER, REILLY, SWEENEY, TOWNS -- read once and referred to
  the Committee on Governmental Operations

AN ACT to amend the executive  law,  in  relation  to  certain  unlawful
  discriminatory practices

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

  Section 1. Section 292 of the executive law is amended by  adding  two
new subdivisions 35 and 36 to read as follows:
  35. THE TERM "PUBLIC ENTITY" MEANS THE STATE OR ANY POLITICAL SUBDIVI-
SION  THEREOF,  AND ANY DEPARTMENT, AGENCY, SPECIAL PURPOSE DISTRICT, OR
OTHER INSTRUMENTALITY OF THE STATE OR LOCAL GOVERNMENT.
  36. THE TERM "AUXILIARY AIDS AND SERVICES" INCLUDES:
  (A) QUALIFIED INTERPRETERS OR OTHER EFFECTIVE METHODS OF MAKING AURAL-
LY DELIVERED MATERIALS AVAILABLE TO  INDIVIDUALS  WITH  HEARING  IMPAIR-
MENTS;
  (B) QUALIFIED READERS, TAPED TEXT OR OTHER EFFECTIVE METHODS OF MAKING
VISUALLY  DELIVERED  MATERIALS  AVAILABLE  TO  INDIVIDUALS  WITH  VISUAL
IMPAIRMENTS;
  (C) ACQUISITION OR MODIFICATION OF EQUIPMENT OR DEVICES; AND
  (D) OTHER SIMILAR SERVICES AND ACTIONS.
  S 2. Section 296 of the executive law is amended by adding  three  new
subdivisions 3-c, 3-d and 3-e to read as follows:
  3-C.  NO  QUALIFIED  INDIVIDUAL  WITH A DISABILITY SHALL, BY REASON OF
SUCH DISABILITY, BE EXCLUDED FROM PARTICIPATION  IN  OR  BE  DENIED  THE
BENEFITS  OF THE SERVICES, PROGRAMS OR ACTIVITIES OF A PUBLIC ENTITY, OR
BE SUBJECTED TO DISCRIMINATION BY ANY SUCH ENTITY.
  3-D. IT SHALL BE AN UNLAWFUL  DISCRIMINATORY  PRACTICE  FOR  A  PUBLIC
ENTITY  TO REFUSE TO MAKE REASONABLE MODIFICATIONS TO RULES, POLICIES OR
PRACTICES; TO REFUSE TO REMOVE ARCHITECTURAL, COMMUNICATION,  OR  TRANS-
PORTATION  BARRIERS; OR TO REFUSE TO PROVIDE AUXILIARY AIDS AND SERVICES

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

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