S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4737
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 5, 2019
                                ___________
 
 Introduced  by M. of A. STECK -- read once and referred to the Committee
   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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04317-01-9

 A. 4737                             2
 
   §  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
 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-

 A. 4737                             3
 
 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
 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, 2020.