S T A T E O F N E W Y O R K
________________________________________________________________________
1944--A
2015-2016 Regular Sessions
I N S E N A T E
January 15, 2015
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Introduced by Sens. BONACIC, BOYLE, BRESLIN, GOLDEN, GRIFFO, LARKIN,
NOZZOLIO, PANEPINTO, YOUNG -- read twice and ordered printed, and when
printed to be committed to the Committee on Investigations and Govern-
ment Operations -- recommitted to the Committee on Investigations and
Government Operations 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;
(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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03042-02-6
S. 1944--A 2
(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 SEVENTEEN AND A FINAL REPORT NOT LATER THAN NOVEMBER
FIRST, TWO THOUSAND EIGHTEEN. 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 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, 2018.