Assembly Bill A3345

2023-2024 Legislative Session

Enacts the "employment first choice act" to ensure that an individual with developmental disabilities in a nonintegrated setting shall have the right to remain in such a setting under certain circumstances

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Current Bill Status - In Assembly 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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2023-A3345 (ACTIVE) - Details

See Senate Version of this Bill:
S3480
Current Committee:
Assembly People With Disabilities
Law Section:
Mental Hygiene Law
Laws Affected:
Add §16.02, Ment Hyg L
Versions Introduced in Other Legislative Sessions:
2015-2016: S6612
2017-2018: S4534
2019-2020: S3143
2021-2022: A5391, S2182

2023-A3345 (ACTIVE) - Summary

Enacts the "employment first choice act" to ensure that an individual with developmental disabilities in a nonintegrated setting shall have the right to remain in such a setting under certain circumstances.

2023-A3345 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3345
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2023
                                ___________
 
 Introduced by M. of A. GALLAHAN -- read once and referred to the Commit-
   tee on People with Disabilities
 
 AN  ACT  to  amend  the mental hygiene law, in relation to directing the
   commissioner of developmental disabilities to  establish  a  procedure
   through  which  persons  with developmental disabilities may choose to
   remain in a nonintegrated setting
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "employment first choice act".
   § 2. Legislative intent. The legislature  hereby  supports  increasing
 access  to  integrated employment settings for individuals with develop-
 mental disabilities. The legislature additionally finds,  however,  that
 the  policy  to  increase  integrated employment opportunities shall not
 preclude an individual's right to choose either an integrated or  nonin-
 tegrated  setting  in accordance with such individual's personal wishes.
 Furthermore, the legislature supports an individual's informed choice to
 remain in a nonintegrated setting in  order  to,  among  other  personal
 priorities,  retain  friendships,  continue their participation in their
 community as they so choose, and,  in  some  instances,  maintain  their
 ability to earn a paycheck.
   The  legislature, therefore, finds that individuals with developmental
 disabilities, who currently  participate  in  a  nonintegrated  setting,
 should be allowed to choose to remain in such a setting. To require such
 individuals  to transition out of this chosen environment undermines the
 guiding Supreme Court decision in Olmstead v. L.C., which held that  the
 Americans  with  Disabilities Act of 1990 requires placement of individ-
 uals with developmental disabilities in integrated settings rather  than
 nonintegrated  settings, but only when such a transfer is not opposed by
 the affected individual. The legislature, therefore, declares  this  act

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04926-01-3
 A. 3345                             2
              

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