S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3472
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 29, 2019
                                ___________
 
 Introduced  by  M.  of  A.  ZEBROWSKI,  QUART, BARRON, LUPARDO, SOLAGES,
   SIMON, DINOWITZ, D'URSO, GUNTHER, MONTESANO, RA, JOHNS --  Multi-Spon-
   sored  by -- M. of A.  HEVESI -- 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 deaf and hard of hearing; and to repeal section 559 of
   the executive law relating to the New York state  interagency  coordi-
   nating  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 28 to
 read as follows:
                                ARTICLE 28
                  OFFICE OF THE DEAF AND HARD OF HEARING
 SECTION 821. DEFINITIONS.
         822. OFFICE OF THE DEAF AND HARD OF HEARING.
         823. EXECUTIVE DIRECTOR.
         824. POWERS AND DUTIES OF THE OFFICE.
         825. DEAF AND HARD OF HEARING ADVISORY COUNCIL.
   § 821. DEFINITIONS. WHEN USED IN THIS ARTICLE, THE FOLLOWING WORDS AND
 TERMS SHALL HAVE THE MEANINGS ASCRIBED TO THEM IN  THIS  SECTION:  "DEAF
 AND  HARD  OF  HEARING"  SHALL MEAN A PERSON WHO HAS PARTIAL OR COMPLETE
 LOSS OF HEARING INCLUDING INDIVIDUALS WHO ARE DEAF-BLIND.
   § 822. OFFICE OF THE DEAF AND HARD OF HEARING. THERE IS HEREBY  ESTAB-
 LISHED  WITHIN THE EXECUTIVE DEPARTMENT THE "OFFICE OF THE DEAF AND HARD
 OF HEARING".
   § 823. EXECUTIVE DIRECTOR. THE GOVERNOR  SHALL  APPOINT  AN  EXECUTIVE
 DIRECTOR  OF THE OFFICE 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

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

                                                            LBD01594-01-9

 A. 3472                             2
 
 BE ENTITLED TO REIMBURSEMENT FOR ACTUAL EXPENSES NECESSARILY INCURRED IN
 THE DISCHARGE OF THEIR OFFICIAL DUTIES.
   § 824. POWERS AND DUTIES OF THE OFFICE. 1. THE OFFICE SHALL ADVISE THE
 GOVERNOR  AND  THE LEGISLATURE ON HOW THE STATE CAN EFFECTIVELY MEET THE
 NEEDS OF THE DEAF AND HARD OF HEARING COMMUNITIES.
   2. THE DUTIES AND RESPONSIBILITIES OF THE OFFICE ARE TO:
   (A) CREATE A  STATEWIDE  PLAN  TO  DELIVER  COORDINATED  SERVICES  AND
 PROGRAMS  TO  PERSONS  WHO ARE DEAF AND HARD OF HEARING IN A MANNER THAT
 BEST SERVES THEIR  NEEDS  INCLUDING  BUT  NOT  LIMITED  TO  EDUCATIONAL,
 MEDICAL, HOUSING, AND EMPLOYMENT SERVICES;
   (B)  DEVELOP  A  PROCESS TO COLLECT AND MAINTAIN DATA ON THE NUMBER OF
 DEAF 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 AND HARD OF
 HEARING;
   (D)  CREATE  A  REFERRAL  SYSTEM  THAT  RECEIVES COMPLAINTS IN MATTERS
 AFFECTING THE DEAF  AND  HARD  OF  HEARING  COMMUNITY  AND  REFERS  SUCH
 COMPLAINTS  TO THE APPROPRIATE AGENCIES OR ORGANIZATIONS IF NECESSARY OR
 APPROPRIATE;
   (E) COORDINATE WITH STATE AND LOCAL  AGENCIES  TO  IMPROVE  ACCESS  TO
 PUBLIC SAFETY AND EMERGENCY SERVICES;
   (F)  DEVELOP  STRATEGIES TO INCREASE EMPLOYMENT OPPORTUNITIES FOR DEAF
 AND HARD OF HEARING INDIVIDUALS;
   (G) DEVELOP AND RECOMMEND POLICIES TO THE GOVERNOR AND LEGISLATURE  AS
 DEEMED NECESSARY TO ASSIST THE DEAF AND HARD OF HEARING COMMUNITIES;
   (H)  DEVELOP  A MODEL POLICY ON INTERPRETER SERVICES INCLUDING METHODS
 TO INCREASE ACCESS TO SUCH SERVICES AND LICENSING  OF  QUALIFIED  INTER-
 PRETERS;
   (I)  PROVIDE  TECHNICAL  ASSISTANCE  TO LOCAL GOVERNMENTS, AGENCIES OR
 OTHER  NON-GOVERNMENTAL  ENTITIES  ON  DEVELOPING  POLICIES,   PROVIDING
 SERVICES  AND  INCREASING ACCESSIBILITY FOR THE DEAF 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   OR   OTHER   COMMUNICATION
 SERVICES; AND
   (K)  COORDINATE WITH THE DEPARTMENT OF STATE REGARDING ACCESS TO HEAR-
 ING AIDS AND OTHER ASSOCIATED RESOURCES.
   3. THE OFFICE SHALL SUBMIT AN ANNUAL REPORT TO THE GOVERNOR AND LEGIS-
 LATURE DETAILING THE OPERATION AND ACTIONS OF THE OFFICE  INCLUDING  BUT
 NOT LIMITED TO THE DEVELOPMENT AND IMPLEMENTATION OF THE STATEWIDE PLAN,
 POLICY  RECOMMENDATIONS,  AND ACTIONS TAKEN IN CONJUNCTION WITH STATE OR
 LOCAL AGENCIES.
   § 825. DEAF AND HARD OF HEARING ADVISORY COUNCIL. 1. AN ADVISORY COUN-
 CIL IS HEREBY ESTABLISHED TO MAKE RECOMMENDATIONS ON DEAF  AND  HARD  OF
 HEARING  RELATED  ISSUES,  ASSIST  IN  THE  DEVELOPMENT OF POLICIES, AND
 FACILITATE COORDINATION BETWEEN FEDERAL, STATE AND LOCAL GOVERNMENTS  ON
 ISSUES RELATED TO THE DEAF AND HARD OF HEARING COMMUNITY.
   2.  THE  ADVISORY COUNCIL SHALL BE COMPRISED OF ELEVEN VOTING MEMBERS.
 ALL MEMBERS MUST BE NEW YORK RESIDENTS.
   (A) FOUR MEMBERS OF THE COUNCIL SHALL BE APPOINTED  BY  THE  GOVERNOR,
 TWO OF WHOM SHALL BE DEAF OR HARD OF HEARING.
   (B)  FOUR  MEMBERS  OF THE COUNCIL SHALL BE APPOINTED IN THE FOLLOWING
 MANNER AND MUST BE DEAF OR HARD OF HEARING: ONE MEMBER  OF  THE  COUNCIL
 SHALL  BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE, ONE MEMBER
 OF THE COUNCIL SHALL BE APPOINTED BY THE SPEAKER OF  THE  ASSEMBLY,  ONE

 A. 3472                             3
 
 MEMBER  OF  THE COUNCIL SHALL BE APPOINTED BY THE MINORITY LEADER OF THE
 SENATE AND ONE MEMBER OF THE COUNCIL SHALL BE APPOINTED BY THE  MINORITY
 LEADER OF THE ASSEMBLY.
   (C)  ONE  MEMBER OF THE COUNCIL SHALL BE THE EXECUTIVE DIRECTOR OF THE
 OFFICE OF THE DEAF AND HARD OF HEARING; ONE MEMBER OF THE COUNCIL  SHALL
 BE  THE  PRESIDENT OF THE EMPIRE ASSOCIATION OF THE DEAF OR THEIR DESIG-
 NEE; AND ONE MEMBER OF THE COUNCIL SHALL BE THE PRESIDENT OF THE HEARING
 LOSS ASSOCIATION OF NEW YORK STATE OR THEIR DESIGNEE.
   3. THE MEMBERS OF THE ADVISORY COUNCIL  SHALL  SERVE  TERMS  OF  THREE
 YEARS. OF THE FOUR PERSONS APPOINTED PURSUANT TO PARAGRAPH (A) OF SUBDI-
 VISION  TWO OF THIS SECTION, TWO SHALL SERVE FOR A TERM OF TWO YEARS AND
 TWO SHALL SERVE FOR A TERM OF ONE YEAR, AS DETERMINED BY  THE  GOVERNOR.
 OF  THE  FOUR PERSONS APPOINTED PURSUANT TO PARAGRAPH (B) OF SUBDIVISION
 TWO OF THIS SECTION, THE APPOINTMENTS BY THE TEMPORARY PRESIDENT OF  THE
 SENATE  AND  THE  SPEAKER  OF THE ASSEMBLY SHALL SERVE FOR A TERM OF TWO
 YEARS, AND THE APPOINTMENTS BY THE MINORITY LEADER OF THE SENATE AND THE
 MINORITY LEADER OF THE ASSEMBLY SHALL SERVE FOR  A  TERM  OF  ONE  YEAR.
 SUBSEQUENT  APPOINTMENTS UPON THE EXPIRATION OF TERM SHALL BE FOR A TERM
 OF THREE YEARS AND SHALL BE FILLED IN THE SAME MANNER  AS  THE  ORIGINAL
 APPOINTMENT.
   4.  MEMBERS  OF THE ADVISORY COUNCIL SHALL SERVE WITHOUT COMPENSATION,
 BUT SHALL BE ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE
 PERFORMANCE OF THEIR DUTIES.
   5. THE ADVISORY COUNCIL SHALL MEET NO LESS THAN TWO  TIMES  PER  YEAR.
 THE  MEETINGS  SHALL  BE MADE ACCESSIBLE TO THE DEAF AND HARD OF HEARING
 COMMUNITY. A MAJORITY OF THE VOTING MEMBERSHIP OF THE  ADVISORY  COUNCIL
 SHALL  CONSTITUTE  A  QUORUM  FOR  THE  TRANSACTION OF COUNCIL BUSINESS.
 ACTION MAY BE TAKEN AND MOTIONS AND RESOLUTIONS ADOPTED BY THE  ADVISORY
 COUNCIL AT ANY MEETING THEREOF BY THE AFFIRMATIVE VOTE OF SIX MEMBERS OF
 THE ADVISORY COUNCIL.
   § 2. Section 559 of the executive law is REPEALED.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.