S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10706
 
                           I N  A S S E M B L Y
 
                               May 11, 2018
                                ___________
 
 Introduced  by M. of A. SKOUFIS -- read once and referred to the Commit-
   tee on Governmental Operations
 
 AN ACT to amend the executive  law,  in  relation  to  establishing  the
   office of the advocate for people with disabilities
 
   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  19-E
 to read as follows:
                               ARTICLE 19-E
            OFFICE OF THE ADVOCATE FOR PEOPLE WITH DISABILITIES
 SECTION 460. LEGISLATIVE INTENT.
         461. DEFINITIONS.
         462. OFFICE OF THE ADVOCATE FOR PEOPLE WITH DISABILITIES.
         463. DIRECTOR; GENERAL RESPONSIBILITIES.
   § 460. LEGISLATIVE INTENT.  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 ADVOCATE FOR PEOPLE WITH DISABILITIES
 SHALL ADVOCATE ON BEHALF OF PERSONS WITH DISABILITIES  AND  ASSURE  THAT
 PERSONS  WITH  DISABILITIES ARE AFFORDED THE OPPORTUNITY TO EXERCISE ALL
 OF THE RIGHTS AND RESPONSIBILITIES ACCORDED TO CITIZENS OF THIS STATE.
   § 461. DEFINITIONS. 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.
   §  462. OFFICE OF THE ADVOCATE FOR PEOPLE WITH DISABILITIES. (A) THERE
 IS HEREBY ESTABLISHED WITHIN THE DEPARTMENT OF THE STATE, AN  OFFICE  OF
 THE  ADVOCATE  FOR  PEOPLE WITH DISABILITIES. THE OFFICE OF THE ADVOCATE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD15568-05-8

 A. 10706                            2
 
 FOR PEOPLE WITH DISABILITIES SHALL ADVISE AND ASSIST STATE  AGENCIES  IN
 DEVELOPING  POLICIES  DESIGNED  TO  HELP  MEET THE NEEDS OF PERSONS WITH
 DISABILITIES.
   (B) THE OFFICE OF THE ADVOCATE FOR PEOPLE WITH DISABILITIES 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  INDI-
 VIDUALS  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 OFFICE OF THE ADVOCATE FOR PEOPLE WITH DISABILITIES SHALL,  TO
 THE  EXTENT PRACTICABLE, REVIEW AND REPORT TO THE GOVERNOR UPON PROPOSED
 LEGISLATION AND REGULATIONS. THE OFFICE OF THE ADVOCATE FOR PEOPLE  WITH
 DISABILITIES  SHALL  SUBMIT  COMMENTS,  WHERE  APPROPRIATE, TO THE STATE
 AGENCY WHICH REFERRED SUCH PROPOSED LEGISLATION AND REGULATIONS EVALUAT-
 ING: (I) THE IMPACT OF  THE  PROPOSED  LEGISLATION  OR  REGULATION  UPON
 PERSONS  WITH  DISABILITIES;  (II)  THE  RELATIONSHIP AND IMPACT OF SUCH
 PROPOSED  LEGISLATION  OR  REGULATION  ON  EXISTING  PROGRAMS  AFFECTING
 PERSONS  WITH  DISABILITIES; AND (III) ANY MODIFICATIONS THAT WOULD HELP
 PERSONS WITH DISABILITIES OR  AID  IN  THE  IMPLEMENTATION  OF  THE  NEW
 PROPOSAL.    ALL  STATE  AGENCIES SHALL COOPERATE WITH THE OFFICE OF THE
 ADVOCATE FOR PEOPLE WITH DISABILITIES TO ENSURE THAT THE OFFICE IS  ABLE
 TO FULFILL THE REQUIREMENTS UNDER THIS ARTICLE.
   §  463.  DIRECTOR; GENERAL RESPONSIBILITIES. THE HEAD OF THE OFFICE OF
 THE ADVOCATE FOR PEOPLE WITH DISABILITIES SHALL  BE  THE  DIRECTOR,  WHO
 SHALL  BE  APPOINTED BY THE GOVERNOR AND RECEIVE A SALARY TO BE FIXED BY
 THE GOVERNOR WITHIN THE AMOUNTS  APPROPRIATED  THEREFOR.  THE  DIRECTOR,
 SUBJECT  TO  RULES  PRESCRIBED  BY THE GOVERNOR, MAY APPOINT AND FIX THE
 COMPENSATION OF EMPLOYEES OF THE OFFICE WITHIN THE AMOUNTS  APPROPRIATED
 THEREFOR.
   §  2.    Subdivisions  1 and 2 of section 702 of the executive law, as
 added by chapter 551 of the  laws  of  2002,  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 of  mental  retardation
 and developmental disabilities, the office of mental health, the depart-
 ment  of transportation, the office of children and family services, the
 office of alcohol and substance abuse services, the department of educa-
 tion, and the division of housing and community  renewal.  In  addition,
 the  council  shall consist of the director of the office for the aging,
 [a representative from] THE DIRECTOR OF the office of the  advocate  for
 [persons]  PEOPLE  with disabilities, [a representative from the commis-
 sion on quality of care for the mentally disabled,] three  consumers  of
 services  for  individuals with disabilities, 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 individ-
 uals 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  president  of  the  senate, and one to be

 A. 10706                            3
 
 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 president of the senate, and one to be appointed by the
 speaker of the assembly.
   2.  The  [commissioners  of  the  department  of health, the office of
 mental health, the office of mental retardation and developmental  disa-
 bilities,  and the director of the office for the aging] DIRECTOR OF THE
 OFFICE OF THE ADVOCATE FOR PEOPLE WITH DISABILITIES shall [rotate] SERVE
 as chairperson of the council [on a quarterly basis].
   § 3. This act shall take effect April 1, 2019.