S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1089
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 7, 2021
                                ___________
 
 Introduced  by M. of A. CAHILL -- Multi-Sponsored by -- M. of A. CUSICK,
   DINOWITZ, GALEF, GLICK, GOTTFRIED, LUPARDO,  PAULIN,  L. ROSENTHAL  --
   read once and referred to the Committee on Governmental 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.
   § 2. Section 292 of the executive law  is  amended  by  adding  a  new
 subdivision 39 to read as follows:
   39. 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.
              

                                                            LBD01344-01-1

 A. 1089                             2
 
   § 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.
   § 4. This act shall take effect on the first of January next  succeed-
 ing the date on which it shall have become a law.