S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9004
 
                           I N  A S S E M B L Y
 
                             January 10, 2020
                                ___________
 
 Introduced  by M. of A. STECK, REYES, COLTON, SIMON, JAFFEE, DE LA ROSA,
   DeSTEFANO, CROUCH, MOSLEY, COOK, STERN, D'URSO, ENGLEBRIGHT, SANTABAR-
   BARA, M. G. MILLER, BARRON, ZEBROWSKI, RIVERA, DICKENS,  ROMEO,  GOTT-
   FRIED,  MONTESANO,  MORINELLO,  KOLB,  WALSH, CRUZ, BUTTENSCHON, OTIS,
   WEPRIN, L. ROSENTHAL, FRONTUS, SEAWRIGHT, GRIFFIN, FALL, NIOU,  JACOB-
   SON,  M. L. MILLER  --  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD04317-02-0

 A. 9004                             2
 
 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
 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] FOR PEOPLE WITH developmental disabilities, the  office  of  mental
 health,  the  department  of  transportation, the office of children and
 family services, the office of [alcohol and substance  abuse]  ADDICTION
 services  AND SUPPORTS, the department of education, 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 disa-
 bilities, [a representative from the commission on quality of  care  for
 the mentally disabled,] three consumers of services for individuals with

 A. 9004                             3
 
 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 individuals 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 pres-
 ident 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 presi-
 dent of the senate, and one to be appointed by the speaker of the assem-
 bly.
   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, 2021.