S T A T E O F N E W Y O R K
________________________________________________________________________
1922
2009-2010 Regular Sessions
I N S E N A T E
February 9, 2009
___________
Introduced by Sens. MORAHAN, DIAZ -- read twice and ordered printed, and
when printed to be committed to the Committee on Investigations and
Government Operations
AN ACT to amend the executive law, in relation to clarifying the scope
of protections against discrimination on the basis of disability in
the area of government services
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative intent. With the enactment of chapter 988 of
the laws of 1974, the legislature began to extend to people with disa-
bilities guarantees that such individuals would not be discriminated
against on the basis of their disability in employment, use of public
accommodations and in a broad range of other areas and activities
subject to the requirements of the human rights provisions of the execu-
tive law. The federal Americans with Disabilities Act, enacted in 1990,
has extended similar protections throughout the nation. While current
state requirements are consistent with those adopted by the Congress in
the Americans with Disabilities Act, the federal statute explicitly
includes a number of requirements which are implicit in state law. The
legislature adopts this measure to reiterate this state's commitment to
assuring people with disabilities full access under state law to all of
the rights and remedies to which they are entitled under the Americans
with Disabilities Act, consistent with current policies and practices of
the state division of human rights, and to continue New York's preemi-
nent role as a leader in guaranteeing equal rights and opportunities to
all of its citizens.
S 2. Section 292 of the executive law is amended by adding a new
subdivision 34 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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00627-01-9
S. 1922 2
S 3. Section 296 of the executive law is amended by adding two new
subdivisions 3-c and 3-d to read as follows:
3-C. IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR ANY PUBLIC
ENTITY TO EXCLUDE A PERSON WITH A DISABILITY WHO MEETS THE ESSENTIAL
ELIGIBILITY REQUIREMENTS FROM PARTICIPATION IN OR DENY SUCH PERSON THE
BENEFITS OF SERVICES, PROGRAMS, OR ACTIVITIES OF A PUBLIC ENTITY SOLELY
BY REASON OF SUCH DISABILITY OR TO SUBJECT SUCH PERSON WITH A DISABILITY
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,
INCLUDING BUT NOT LIMITED TO SUPPORT SERVICES FOR PEOPLE WITH IMPAIRED
HEARING OR VISION AND ACQUISITION OR MODIFICATION OF EQUIPMENT OR
DEVICES, TO A PERSON WITH A DISABILITY WHO MEETS THE ESSENTIAL ELIGIBIL-
ITY REQUIREMENTS WHICH WILL ALLOW SUCH AN INDIVIDUAL TO RECEIVE SERVICES
OR PARTICIPATE IN PROGRAMS OR ACTIVITIES PROVIDED BY A PUBLIC ENTITY IN
THE MOST INTEGRATED MANNER POSSIBLE.
S 4. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.