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Assembly Bill A781

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

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Archive: Last Bill Status - Vetoed by Governor

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Bill Amendments

2009-A781 - Details

2009-A781 - 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-A781 - Bill Text download pdf 

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

                                   781

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M. of A. PAULIN, BRADLEY, CUSICK, GUNTHER, LIFTON, MILL-
  MAN, J. RIVERA, ROSENTHAL, SCHROEDER, WEISENBERG,  JAFFEE,  ESPAILLAT,
  TITUS, KAVANAGH -- Multi-Sponsored by -- M. of A. BING, CLARK, COLTON,
  DIAZ,  GABRYSZAK,  GLICK,  GOTTFRIED,  GREENE,  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 34 and 35 to read as follows:
  34. 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.
  35. 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.

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

2009-A781A - Details

2009-A781A - 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-A781A - Bill Text download pdf 

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

                                 781--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M. of A. PAULIN, BRADLEY, CUSICK, GUNTHER, LIFTON, MILL-
  MAN, J. RIVERA, ROSENTHAL, SCHROEDER, WEISENBERG,  JAFFEE,  ESPAILLAT,
  TITUS, KAVANAGH -- Multi-Sponsored by -- M. of A. BING, CLARK, COLTON,
  DIAZ,  GABRYSZAK,  GLICK,  GOTTFRIED,  GREENE,  JOHN, LUPARDO, MARKEY,
  MAYERSOHN, McENENY, PHEFFER, REILLY, SWEENEY, TOWNS -- read  once  and
  referred  to  the  Committee  on  Governmental Operations -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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 34 and 35 to read as follows:
  34. 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.
  35. 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

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

co-Sponsors

multi-Sponsors

2009-A781B (ACTIVE) - Details

2009-A781B (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-A781B (ACTIVE) - Bill Text download pdf 

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

                                 781--B
                                                        Cal. No. 352

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M. of A. PAULIN, BRADLEY, CUSICK, GUNTHER, LIFTON, MILL-
  MAN, J. RIVERA, ROSENTHAL, SCHROEDER, WEISENBERG,  JAFFEE,  ESPAILLAT,
  TITUS,  KAVANAGH,  LANCMAN  --  Multi-Sponsored  by  -- M. of A. BING,
  CLARK, COLTON, DIAZ, GABRYSZAK, GLICK, GOTTFRIED, GREENE, JOHN, LUPAR-
  DO, MARKEY, MAYERSOHN, McENENY, PHEFFER,  REILLY,  SWEENEY,  TOWNS  --
  read  once and referred to the Committee on Governmental Operations --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted  to said committee -- reported from committee, advanced to
  a third reading, amended and ordered reprinted, retaining its place on
  the order of third reading

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 34 and 35 to read as follows:
  34. 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.
  35. 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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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