The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8288
 
                             I N  S E N A T E
 
                             February 9, 2022
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the executive law, in relation to establishing the chief
   disability officer; and to repeal article 19-E of  the  executive  law
   relating  to  the office of the advocate for people with developmental
   disabilities

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Article 19-E of the executive law, as added by a chapter of
 the laws of 2021 amending the executive law relating to establishing the
 office  of  the  advocate  for  people with disabilities, as proposed in
 legislative bills numbers S. 1836 and A. 3130, is REPEALED.
   § 2. The executive law is amended by adding a new section 4-b to  read
 as follows:
   §  4-B.  CHIEF  DISABILITY  OFFICER.    1.  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 CHIEF DISABILITY
 OFFICER SHALL ADVOCATE ON BEHALF OF PERSONS WITH DISABILITIES AND ENSURE
 THAT PERSONS WITH DISABILITIES ARE AFFORDED THE OPPORTUNITY TO  EXERCISE
 ALL  OF  THE  RIGHTS  AND  RESPONSIBILITIES ACCORDED TO CITIZENS OF THIS
 STATE.
   2. 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.
   3.  (A)  THE  GOVERNOR  SHALL  APPOINT A CHIEF DISABILITY OFFICER. THE
 CHIEF DISABILITY OFFICER SHALL  ADVISE  AND  ASSIST  STATE  AGENCIES  IN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD04452-02-2
 S. 8288                             2
 
 DEVELOPING  POLICIES  DESIGNED  TO  HELP  MEET THE NEEDS OF PERSONS WITH
 DISABILITIES.  THE CHIEF DISABILITY OFFICER SHALL BE  APPOINTED  BY  THE
 GOVERNOR  AND  RECEIVE  A  SALARY TO BE FIXED BY THE GOVERNOR WITHIN THE
 AMOUNTS APPROPRIATED THEREFOR.
   (B) THE CHIEF DISABILITY OFFICER 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  INDIVIDUALS  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  CHIEF  DISABILITY  OFFICER SHALL, TO THE EXTENT PRACTICABLE,
 REVIEW AND REPORT TO THE GOVERNOR UPON PROPOSED  LEGISLATION  AND  REGU-
 LATIONS.  THE  CHIEF  DISABILITY  OFFICER  SHALL  SUBMIT COMMENTS, WHERE
 APPROPRIATE, TO THE STATE AGENCY WHICH  REFERRED  SUCH  PROPOSED  LEGIS-
 LATION AND REGULATIONS EVALUATING: (I) THE IMPACT OF THE PROPOSED LEGIS-
 LATION  OR REGULATION UPON PERSONS WITH DISABILITIES; (II) THE RELATION-
 SHIP AND IMPACT OF SUCH PROPOSED LEGISLATION OR REGULATION  ON  EXISTING
 PROGRAMS  AFFECTING  PERSONS  WITH DISABILITIES; AND (III) ANY MODIFICA-
 TIONS THAT WOULD HELP PERSONS WITH DISABILITIES OR AID IN THE  IMPLEMEN-
 TATION  OF THE NEW PROPOSAL. ALL STATE AGENCIES SHALL COOPERATE WITH THE
 CHIEF DISABILITY OFFICER TO ENSURE THAT THE CHIEF DISABILITY OFFICER  IS
 ABLE TO FULFILL THE REQUIREMENTS UNDER THIS SECTION.
   §  3.  Subdivisions  1  and  2 of section 702 of the executive law, as
 amended by a chapter of the laws of  2021  amending  the  executive  law
 relating  to  establishing  the  office  of the advocate for people with
 disabilities, as proposed in legislative bills numbers S.  1836  and  A.
 3130, 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 for people with devel-
 opmental disabilities, the office of mental health,  the  department  of
 transportation,  the  office of children and family services, the office
 of 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, the [director
 of  the office of the advocate for people with disabilities] CHIEF DISA-
 BILITY OFFICER, three consumers of services for individuals  with  disa-
 bilities,  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-
 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.
 S. 8288                             3
 
   2.  The  [director of the office of the advocate for people with disa-
 bilities] CHIEF DISABILITY OFFICER shall serve  as  chairperson  of  the
 council.
   §  4.  This  act  shall  take  effect on the same date and in the same
 manner as a chapter of the laws  of  2021  amending  the  executive  law
 relating  to  establishing  the  office  of the advocate for people with
 disabilities, as proposed in legislative bills numbers S.  1836  and  A.
 3130, takes effect.