S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   574

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M. of A. CAHILL, GLICK, PAULIN, CUSICK, GREENE -- Multi-
  Sponsored by -- M. of A. BOYLAND, CHRISTENSEN, DIAZ, DINOWITZ,  GALEF,
  GOTTFRIED,  HEASTIE,  JOHN,  LIFTON, LUPARDO, McENENY, ORTIZ, PHEFFER,
  ROSENTHAL, WEISENBERG, WRIGHT -- read once and referred to the Commit-
  tee 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.
  S  2.  Section  292  of  the  executive law is amended by adding a new
subdivision 34 to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD00627-01-9

A. 574                              2

  34. 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.
  S  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.
  S  4. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.