NY State Senate Bill 2019-S7570

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 27, 2020	referred to finance

2019-S7570 (ACTIVE) - Details

See Assembly Version of this Bill:: A9004
Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Add Art 19-E §§460 - 463, amd §702, Exec L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A10706
2021-2022: S1836, A3130

2019-S7570 (ACTIVE) - Summary

Establishes the office of the advocate for people with disabilities to advocate on behalf of persons with disabilities and assure that persons with disabilities are afforded the opportunity to exercise all of the rights and responsibilities accorded to citizens of the state of New York.

2019-S7570 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7570

SPONSOR: SKOUFIS
 
TITLE OF BILL:

An act to amend the executive law, in relation to establishing the
office of the advocate for people with disabilities

 
PURPOSE OR GENERAL IDEA OF BILL:

Establishes the office of the advocate for people with disabilities;
repealer.

 
SUMMARY OF PROVISIONS:

Section 1: Amends the executive law by creating a new article 19-E to
establish the Office of the Advocate for People with Disabilities.

Section 2: Repeals Article 25 of the Executive Law.

Section 3: Repeals Section 559 of the Executive Law.

Section 4: Article 23-A Education.

Section 5: Effective Date.

 
JUSTIFICATION:

There is currently no agency-level office for people with physical disa-
bilities to contact. This office was originally established by Governor
Mario Cuomo in 1983 through Executive Order No. 26. As one of his first
acts in office, Governor Andrew Cuomo continued Executive Order 26.
However, despite the existence of the Office on the books, most of the
disability advocacy functions that existed in state government within
the original Office of the Advocate have disappeared throughout the
years.

This office will function as an advocate for the rights of people with
disabilities to help receive services and support that enable them to
make informed choices and decisions.

 
PRIOR LEGISLATIVE HISTORY:

A10706        05/30/18 passed assembly
              05/30/18 delivered to Senate
              05/30/18 REFERRED TO INVESTIGATIONS AND GOVERNMENT
              OPERATIONS
A4737/S1674   05/29/19 Passed Senate and Assembly
              12/13/19 Vetoed Memo. 208

 
FISCAL IMPLICATIONS:

To be determined

 
EFFECTIVE DATE:
This act shall take effect April 1, 2021, provided, however, that the
governor is authorized to take, notwithstanding any law to the contrary,
whatever steps are necessary to effectively and efficiently transfer the
functions transferred to the office of the advocate for people with
disabilities from other agencies of the state so that the office of the
advocate for people with disabilities may fully commence operation on
the effective date of this act.

2019-S7570 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7570
 
                             I N  S E N A T E
 
                             January 27, 2020
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 AN ACT to amend the executive  law,  in  relation  to  establishing  the
   office of the advocate for people with disabilities
 
   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  article  19-E
 to read as follows:
                               ARTICLE 19-E
            OFFICE OF THE ADVOCATE FOR PEOPLE WITH DISABILITIES
 SECTION 460. LEGISLATIVE INTENT.
         461. DEFINITIONS.
         462. OFFICE OF THE ADVOCATE FOR PEOPLE WITH DISABILITIES.
         463. DIRECTOR; GENERAL RESPONSIBILITIES.
   § 460. LEGISLATIVE INTENT.  PERSONS WITH DISABILITIES COMPRISE A MAJOR
 SEGMENT OF THE STATE OF NEW YORK'S POPULATION AND THEIR PARTICULAR NEEDS
 AND  CONCERNS MUST BE CONSIDERED AS AN INTEGRAL PART OF THE PLANNING AND
 IMPLEMENTATION OF ALL STATE PROGRAMS AND SERVICES AFFECTING THEIR  LIVES
 AND  WELL-BEING. THE OFFICE OF THE ADVOCATE FOR PEOPLE WITH DISABILITIES
 SHALL ADVOCATE ON BEHALF OF PERSONS WITH DISABILITIES  AND  ASSURE  THAT
 PERSONS  WITH  DISABILITIES ARE AFFORDED THE OPPORTUNITY TO EXERCISE ALL
 OF THE RIGHTS AND RESPONSIBILITIES ACCORDED TO CITIZENS OF THIS STATE.
   § 461. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE:
   (A) "PERSONS WITH DISABILITIES" SHALL MEAN ANY PERSON WHO HAS A  DISA-
 BILITY AS DEFINED IN SUBDIVISION TWENTY-ONE OF SECTION TWO HUNDRED NINE-
 TY-TWO OF THIS CHAPTER.
   (B)  "STATE  AGENCY"  OR "STATE AGENCIES" SHALL MEAN ANY STATE DEPART-
 MENT, BOARD, BUREAU, DIVISION, COMMISSION, COMMITTEE, PUBLIC  AUTHORITY,
 PUBLIC   CORPORATION,  COUNCIL,  OFFICE  OR  OTHER  GOVERNMENTAL  ENTITY
 PERFORMING A GOVERNMENTAL OR PROPRIETARY FUNCTION FOR THE STATE,  EXCEPT
 THE JUDICIARY OR THE STATE LEGISLATURE.
   §  462. OFFICE OF THE ADVOCATE FOR PEOPLE WITH DISABILITIES. (A) THERE
 IS HEREBY ESTABLISHED WITHIN THE DEPARTMENT OF THE STATE, AN  OFFICE  OF
 THE  ADVOCATE  FOR  PEOPLE WITH DISABILITIES. THE OFFICE OF THE ADVOCATE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD04317-02-0

 S. 7570                             2
 
 FOR PEOPLE WITH DISABILITIES SHALL ADVISE AND ASSIST STATE  AGENCIES  IN
 DEVELOPING  POLICIES  DESIGNED  TO  HELP  MEET THE NEEDS OF PERSONS WITH
 DISABILITIES.
   (B) THE OFFICE OF THE ADVOCATE FOR PEOPLE WITH DISABILITIES SHALL: (I)
 BE  THE STATE'S COORDINATOR FOR THE IMPLEMENTATION OF THE AMERICANS WITH
 DISABILITIES ACT; (II) COORDINATE STATE ACTIVITIES TO ENSURE THAT  STATE
 PROGRAMS  DO NOT DISCRIMINATE AGAINST AND ARE ACCESSIBLE TO PERSONS WITH
 DISABILITIES; (III) ENSURE THAT SUCH PROGRAMS PROVIDE SERVICES TO  INDI-
 VIDUALS  WITH DISABILITIES IN THE MOST INTEGRATED SETTING APPROPRIATE TO
 THEIR NEEDS; AND (IV) WORK WITH STATE AGENCIES  TO  DEVELOP  LEGISLATION
 AND  POTENTIAL  REGULATORY  CHANGES  TO  HELP  EFFECTUATE THE DUTIES AND
 RESPONSIBILITIES REQUIRED IN THIS ARTICLE, AND ANY  OTHER  CHANGES  THAT
 MAY  SIGNIFICANTLY  AFFECT THE LIVES OF PERSONS WITH DISABILITIES IN THE
 STATE.
   (C) THE OFFICE OF THE ADVOCATE FOR PEOPLE WITH DISABILITIES SHALL,  TO
 THE  EXTENT PRACTICABLE, REVIEW AND REPORT TO THE GOVERNOR UPON PROPOSED
 LEGISLATION AND REGULATIONS. THE OFFICE OF THE ADVOCATE FOR PEOPLE  WITH
 DISABILITIES  SHALL  SUBMIT  COMMENTS,  WHERE  APPROPRIATE, TO THE STATE
 AGENCY WHICH REFERRED SUCH PROPOSED LEGISLATION AND REGULATIONS EVALUAT-
 ING: (I) THE IMPACT OF  THE  PROPOSED  LEGISLATION  OR  REGULATION  UPON
 PERSONS  WITH  DISABILITIES;  (II)  THE  RELATIONSHIP AND IMPACT OF SUCH
 PROPOSED  LEGISLATION  OR  REGULATION  ON  EXISTING  PROGRAMS  AFFECTING
 PERSONS  WITH  DISABILITIES; AND (III) ANY MODIFICATIONS THAT WOULD HELP
 PERSONS WITH DISABILITIES OR  AID  IN  THE  IMPLEMENTATION  OF  THE  NEW
 PROPOSAL.    ALL  STATE  AGENCIES SHALL COOPERATE WITH THE OFFICE OF THE
 ADVOCATE FOR PEOPLE WITH DISABILITIES TO ENSURE THAT THE OFFICE IS  ABLE
 TO FULFILL THE REQUIREMENTS UNDER THIS ARTICLE.
   §  463.  DIRECTOR; GENERAL RESPONSIBILITIES. THE HEAD OF THE OFFICE OF
 THE ADVOCATE FOR PEOPLE WITH DISABILITIES SHALL  BE  THE  DIRECTOR,  WHO
 SHALL  BE  APPOINTED BY THE GOVERNOR AND RECEIVE A SALARY TO BE FIXED BY
 THE GOVERNOR WITHIN THE AMOUNTS  APPROPRIATED  THEREFOR.  THE  DIRECTOR,
 SUBJECT  TO  RULES  PRESCRIBED  BY THE GOVERNOR, MAY APPOINT AND FIX THE
 COMPENSATION OF EMPLOYEES OF THE OFFICE WITHIN THE AMOUNTS  APPROPRIATED
 THEREFOR.
   §  2.    Subdivisions  1 and 2 of section 702 of the executive law, as
 added by chapter 551 of the  laws  of  2002,  are  amended  to  read  as
 follows:
   1.  The most integrated setting coordinating council is hereby created
 within  the  executive  department  to  have and exercise the functions,
 powers and duties provided by the provisions of  this  article  and  any
 other  provision  of  law. The council shall be comprised of the commis-
 sioners of: the department of health, the office [of mental  retardation
 and]  FOR  PEOPLE  WITH developmental disabilities, the office of mental
 health, the department of transportation, the  office  of  children  and
 family  services,  the office of [alcohol and substance abuse] ADDICTION
 services AND SUPPORTS, the department of education, and the division  of
 housing and community renewal. In addition, the council shall consist of
 the  director  of  the office for the aging, [a representative from] THE
 DIRECTOR OF the office of the advocate for [persons] PEOPLE  with  disa-
 bilities,  [a  representative from the commission on quality of care for
 the mentally disabled,] three consumers of services for individuals with
 disabilities, one to be appointed by the governor, one to  be  appointed
 by the temporary president of the senate, and one to be appointed by the
 speaker  of  the assembly, three individuals with expertise in the field
 of community services for people of all ages with disabilities,  one  to
 be appointed by the governor, one to be appointed by the temporary pres-

 S. 7570                             3
 
 ident  of  the  senate,  and  one  to be appointed by the speaker of the
 assembly, and three individuals  with  expertise  in  or  recipients  of
 services  available  to  senior  citizens  with  disabilities, one to be
 appointed  by  the governor, one to be appointed by the temporary presi-
 dent of the senate, and one to be appointed by the speaker of the assem-
 bly.
   2. The [commissioners of the  department  of  health,  the  office  of
 mental  health, the office of mental retardation and developmental disa-
 bilities, and the director of the office for the aging] DIRECTOR OF  THE
 OFFICE OF THE ADVOCATE FOR PEOPLE WITH DISABILITIES shall [rotate] SERVE
 as chairperson of the council [on a quarterly basis].
   § 3. This act shall take effect April 1, 2021.

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Senate Bill S7570

Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee

Actions

2019-S7570 (ACTIVE) - Details

2019-S7570 (ACTIVE) - Summary

2019-S7570 (ACTIVE) - Sponsor Memo

2019-S7570 (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

James Skoufis

Archive: Last Bill Status - In Senate Committee Finance Committee

Actions

2019-S7570 (ACTIVE) - Details

2019-S7570 (ACTIVE) - Summary

2019-S7570 (ACTIVE) - Sponsor Memo

2019-S7570 (ACTIVE) - Bill Text download pdf

Comments