S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8207
 
                             I N  S E N A T E
 
                             January 12, 2024
                                ___________
 
 Introduced  by  Sens. COONEY, BROUK, HARCKHAM, MARTINS -- 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
   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-
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05828-02-4
              

 S. 8207                             2
 
   § 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.
   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
 S. 8207                             3
 
 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.
   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
 S. 8207                             4
 
 WITH STATE OR LOCAL AGENCIES.  THE INITIAL REPORT SHALL BE SUBMITTED  ON
 SEPTEMBER FIRST, TWO THOUSAND TWENTY-FIVE, WITH SUBSEQUENT REPORTS ANNU-
 ALLY 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.