S T A T E O F N E W Y O R K
________________________________________________________________________
1852--B
2021-2022 Regular Sessions
I N S E N A T E
January 16, 2021
___________
Introduced by Sens. SKOUFIS, MAYER, PARKER -- read twice and ordered
printed, and when printed to be committed to the Committee on Finance
-- recommitted to the Committee on Finance in accordance with Senate
Rule 6, sec. 8 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- 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
commission of the deaf, deafblind and hard of hearing; to amend the
social services law, in relation to requiring the commission of the
deaf, deafblind, and hard of hearing to transmit complaints in matters
affecting the deaf, deafblind, and hard of hearing communities to the
vulnerable persons' central register; and to repeal section 559 of the
executive law relating to the New York state interagency coordinating
council for services to persons who are deaf, deaf-blind, or hard of
hearing
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 26-C
to read as follows:
ARTICLE 26-C
COMMISSION OF THE DEAF, DEAFBLIND AND HARD OF HEARING
SECTION 755. DEFINITIONS.
756. COMMISSION OF THE DEAF, DEAFBLIND AND HARD OF HEARING.
757. EXECUTIVE DIRECTOR.
758. MEMBERSHIP OF THE COMMISSION.
759. POWERS AND DUTIES OF THE COMMISSION.
§ 755. DEFINITIONS. WHEN USED IN THIS ARTICLE, THE FOLLOWING WORDS AND
TERMS SHALL HAVE THE MEANINGS ASCRIBED TO THEM IN THIS SECTION:
1. "DEAF" SHALL MEAN A PERSON WHO HAS PROFOUND HEARING LOSS AND WHO
PRIMARILY RELIES ON VISUAL COMMUNICATION, SUCH AS SIGN LANGUAGE, WRIT-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05522-11-2
S. 1852--B 2
ING, LIP READING, AND GESTURES, WHICH MAY BE USED EXCLUSIVELY OR IN
COMBINATION, OR WHO COMMUNICATES ORALLY AND USE SIGN LANGUAGE TO SUPPORT
THEIR UNDERSTANDING OF THE SPOKEN LANGUAGE;
2. "DEAFBLIND" SHALL MEAN A PERSON WITH VARYING DEGREES OF COMBINED
HEARING AND VISION LOSS; AND
3. "HARD OF HEARING" SHALL MEAN A PERSON WITH MEASURABLE HEARING LOSS.
§ 756. COMMISSION OF THE DEAF, DEAFBLIND AND HARD OF HEARING. THERE IS
HEREBY ESTABLISHED THE "COMMISSION OF THE DEAF, DEAFBLIND AND HARD OF
HEARING".
§ 757. EXECUTIVE DIRECTOR. THE GOVERNOR SHALL APPOINT, AT THE RECOM-
MENDATION OF THE COMMISSION, AN EXECUTIVE DIRECTOR OF THE COMMISSION WHO
SHALL SERVE AT THE PLEASURE OF THE GOVERNOR. THE EXECUTIVE DIRECTOR
SHALL RECEIVE AN ANNUAL SALARY FIXED BY THE GOVERNOR WITHIN THE AMOUNTS
APPROPRIATED SPECIFICALLY THEREFOR AND SHALL BE ENTITLED TO REIMBURSE-
MENT FOR ACTUAL EXPENSES NECESSARILY INCURRED IN THE DISCHARGE OF THEIR
OFFICIAL DUTIES. THE EXECUTIVE DIRECTOR SHALL ASSIST THE COMMISSION IN
CARRYING OUT THE DUTIES AND RESPONSIBILITIES OF THE COMMISSION.
§ 758. MEMBERSHIP OF THE COMMISSION. 1. THE COMMISSION SHALL BE
COMPRISED OF NINE VOTING MEMBERS AND THREE NON-VOTING MEMBERS. ALL
MEMBERS MUST BE NEW YORK RESIDENTS.
(A) FIVE MEMBERS OF THE COMMISSION SHALL BE APPOINTED BY THE GOVER-
NOR IN THE FOLLOWING MANNER:
(I) THREE MEMBERS, ONE WHOM IS DEAF, ONE WHOM IS DEAFBLIND AND ONE
WHOM IS HARD OF HEARING;
(II) A LICENSED AUDIOLOGIST PURSUANT TO ARTICLE ONE HUNDRED FIFTY-NINE
OF THE EDUCATION LAW; AND
(III) A REPRESENTATIVE OF A STATE-SUPPORTED SCHOOL FOR THE INSTRUCTION
OF STUDENTS WHO ARE DEAF, DEAFBLIND OR HARD OF HEARING.
(B) ONE MEMBER OF THE COMMISSION SHALL BE APPOINTED BY THE TEMPORARY
PRESIDENT OF THE SENATE. SUCH MEMBER SHALL BE HARD OF HEARING.
(C) ONE MEMBER OF THE COMMISSION SHALL BE APPOINTED BY THE SPEAKER OF
THE ASSEMBLY. SUCH MEMBER SHALL BE DEAF.
(D) ONE MEMBER OF THE COMMISSION SHALL BE APPOINTED BY THE MINORITY
LEADER OF THE SENATE. SUCH MEMBER SHALL BE DEAFBLIND.
(E) ONE MEMBER OF THE COMMISSION SHALL BE APPOINTED BY THE MINORITY
LEADER OF THE ASSEMBLY. SUCH MEMBER SHALL BE A PARENT OF A CHILD WHO IS
DEAF, DEAFBLIND OR HARD OF HEARING.
(F) THE EXECUTIVE DIRECTOR OF THE COMMISSION OF THE DEAF, DEAFBLIND
AND HARD OF HEARING SHALL BE A NON-VOTING, EX-OFFICIO MEMBER OF THE
COMMISSION.
(G) THE MEMBERS OF THE COMMISSION SHALL APPOINT TWO NON-VOTING MEMBERS
OF THE COMMISSION, ONE WHOM SHALL BE A QUALIFIED SIGN LANGUAGE INTER-
PRETER AND ONE WHOM SHALL BE A QUALIFIED REAL-TIME CAPTIONING PROVIDER.
2. THE IDENTIFICATION AND SELECTION OF CANDIDATES FOR APPOINTMENTS
SHALL BE DONE, TO THE GREATEST EXTENT POSSIBLE, IN CONSULTATION WITH
ORGANIZATIONS AND INDIVIDUALS REPRESENTING THE DEAF, DEAFBLIND AND HARD
OF HEARING COMMUNITIES.
3. THE MEMBERS OF THE COMMISSION SHALL SERVE TERMS OF THREE
YEARS. SUBSEQUENT APPOINTMENTS UPON THE EXPIRATION OF SUCH TERMS SHALL
BE FILLED IN THE SAME MANNER AS THE ORIGINAL APPOINTMENTS. THE MEMBERS
OF THE COMMISSION SHALL ELECT ONE OF THEIR MEMBERS TO SERVE AS CHAIR-
PERSON DURING HIS OR HER APPOINTMENT TERM OR FOR A PERIOD OF THREE
YEARS, WHICHEVER IS SHORTER.
4. MEMBERS OF THE COMMISSION SHALL SERVE WITHOUT COMPENSATION, BUT
SHALL BE ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE
PERFORMANCE OF THEIR DUTIES.
S. 1852--B 3
5. THE COMMISSION SHALL MEET AT LEAST FOUR TIMES PER YEAR. THE
MEETINGS SHALL BE MADE ACCESSIBLE TO THE DEAF, DEAFBLIND AND HARD OF
HEARING COMMUNITIES. A MAJORITY OF THE VOTING MEMBERSHIP OF THE COMMIS-
SION SHALL CONSTITUTE A QUORUM FOR THE TRANSACTION OF COMMISSION
BUSINESS. ACTION MAY BE TAKEN AND MOTIONS AND RESOLUTIONS ADOPTED BY
THE COMMISSION AT ANY MEETING THEREOF BY THE AFFIRMATIVE VOTE OF FIVE
MEMBERS OF THE COMMISSION.
§ 759. POWERS AND DUTIES OF THE COMMISSION. 1. THE COMMISSION SHALL
ADVISE THE GOVERNOR AND THE LEGISLATURE ON HOW THE STATE CAN EFFECTIVELY
MEET THE NEEDS OF THE DEAF, DEAFBLIND AND HARD OF HEARING COMMUNITIES.
2. THE DUTIES AND RESPONSIBILITIES OF THE COMMISSION ARE TO:
(A) CREATE A STATEWIDE PLAN, INCLUDING ANNUAL UPDATES, TO DELIVER
COORDINATED SERVICES AND PROGRAMS TO PERSONS WHO ARE DEAF, DEAFBLIND AND
HARD OF HEARING IN A MANNER THAT BEST SERVES THEIR NEEDS INCLUDING BUT
NOT LIMITED TO ACCESSIBILITY, EDUCATIONAL, MEDICAL, HOUSING, AND EMPLOY-
MENT SERVICES. THE COMMISSION SHALL COORDINATE WITH OTHER STATE AGEN-
CIES, AND THE COMMISSION FOR THE BLIND, AS APPROPRIATE, WHEN CREATING
THEIR STATE PLAN TO DELIVER COORDINATED SERVICES AND PROGRAMS;
(B) DEVELOP A PROCESS TO COLLECT AND MAINTAIN DATA ON THE NUMBER OF
DEAF, DEAFBLIND AND HARD OF HEARING INDIVIDUALS IN NEW YORK STATE;
(C) REGULARLY MAINTAIN A WEBSITE THAT SERVES AS A CLEARINGHOUSE OF
INFORMATION, RESOURCES AND SERVICES FOR PERSONS WHO ARE DEAF, DEAFBLIND
AND HARD OF HEARING;
(D) CREATE A REFERRAL SYSTEM THAT RECEIVES COMPLAINTS IN MATTERS
AFFECTING THE DEAF, DEAFBLIND AND HARD OF HEARING COMMUNITIES AND REFERS
SUCH COMPLAINTS TO THE APPROPRIATE AGENCIES OR ORGANIZATIONS IF NECES-
SARY OR APPROPRIATE, PROVIDED HOWEVER, IF SUCH COMPLAINT IS A REPORTABLE
INCIDENT PURSUANT TO ARTICLE ELEVEN OF THE SOCIAL SERVICES LAW, IT SHALL
BE FORWARDED TO THE VULNERABLE PERSONS' CENTRAL REGISTER OR IF SUCH
COMPLAINT IS A CRIMINAL MATTER, IT SHALL BE FORWARDED TO THE APPROPRIATE
LAW ENFORCEMENT AGENCY;
(E) COORDINATE WITH FEDERAL, STATE AND LOCAL AGENCIES TO IMPROVE
ACCESS TO PUBLIC SAFETY AND EMERGENCY SERVICES;
(F) DEVELOP STRATEGIES TO INCREASE EMPLOYMENT OPPORTUNITIES FOR DEAF,
DEAFBLIND AND HARD OF HEARING INDIVIDUALS INCLUDING, BUT NOT LIMITED TO,
JOB TRAINING AND CAREER DEVELOPMENT SERVICES;
(G) DEVELOP AND RECOMMEND POLICIES TO THE GOVERNOR AND LEGISLATURE AS
DEEMED NECESSARY TO ASSIST THE DEAF, DEAFBLIND AND HARD OF HEARING
COMMUNITIES;
(H) DEVELOP A MODEL POLICY ON INTERPRETER AND CAPTIONING SERVICES
INCLUDING METHODS TO INCREASE ACCESS TO SUCH SERVICES AND LICENSING OF
QUALIFIED INTERPRETERS AND CAPTIONERS;
(I) PROVIDE TECHNICAL ASSISTANCE TO STATE AGENCIES AND DEPARTMENTS,
LOCAL GOVERNMENTS, AGENCIES OR OTHER NON-GOVERNMENTAL ENTITIES ON DEVEL-
OPING POLICIES, PROVIDING SERVICES AND INCREASING ACCESSIBILITY FOR THE
DEAF, DEAFBLIND AND HARD OF HEARING COMMUNITIES;
(J) IMPROVE AND EXPAND ACCESS TO ASSISTIVE TECHNOLOGY INCLUDING BUT
NOT LIMITED TO, RELAY SERVICES, CLOSED CAPTIONING, OPEN CAPTIONING,
HEARING LOOPS, TELECOMMUNICATION DEVICES, TRANSCRIPTION SERVICES, ALTER-
NATIVE TEXT OR OTHER COMMUNICATION SERVICES;
(K) COORDINATE WITH THE DEPARTMENT OF STATE REGARDING ACCESS TO HEAR-
ING AIDS AND OTHER ASSOCIATED RESOURCES; AND
(L) DEVELOP PUBLIC AWARENESS MATERIALS AND RESOURCES ON HEARING PRES-
ERVATION AND HEARING LOSS PREVENTION.
S. 1852--B 4
3. SUBJECT TO AN APPROPRIATION BY THE LEGISLATURE, THE COMMISSION MAY
HIRE PERSONNEL OR ENTER INTO CONTRACTS DEEMED NECESSARY TO CARRY OUT THE
DUTIES AND RESPONSIBILITIES OF THE COMMISSION.
4. THE COMMISSION SHALL SUBMIT AN ANNUAL REPORT TO THE GOVERNOR AND
LEGISLATURE DETAILING THE OPERATION AND ACTIONS OF THE COMMISSION
INCLUDING BUT NOT LIMITED TO THE DEVELOPMENT AND IMPLEMENTATION OF THE
STATEWIDE PLAN, POLICY RECOMMENDATIONS, AND ACTIONS TAKEN IN CONJUNCTION
WITH STATE OR LOCAL AGENCIES. THE INITIAL REPORT SHALL BE SUBMITTED ON
SEPTEMBER FIRST, TWO THOUSAND TWENTY-THREE, WITH SUBSEQUENT REPORTS
ANNUALLY THEREAFTER.
§ 2. Section 559 of the executive law is REPEALED.
§ 3. Section 491 of the social services law is amended by adding a new
subdivision 6 to read as follows:
6. THE COMMISSION OF THE DEAF, DEAFBLIND AND HARD OF HEARING ESTAB-
LISHED PURSUANT TO ARTICLE TWENTY-SIX-C OF THE EXECUTIVE LAW SHALL BE
RESPONSIBLE FOR TRANSMITTING COMPLAINTS IN MATTERS AFFECTING THE DEAF,
DEAFBLIND AND HARD OF HEARING COMMUNITIES TO THE VULNERABLE PERSONS'
CENTRAL REGISTER, AS APPROPRIATE, WHERE SUCH COMPLAINTS INVOLVE ALLEGA-
TIONS OF REPORTABLE INCIDENTS PURSUANT TO THIS SECTION.
§ 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
