NY State Senate Bill 2019-S8025

Senate Bill S8025

2019-2020 Legislative Session

Establishes the office of the deaf and hard of hearing; and repeals section 559 of the executive law relating to the New York state interagency coordinating council for services to persons who are deaf; repealer

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Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 10, 2020	referred to finance

co-Sponsors

2019-S8025 (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Add Art 29 §§827 - 831, rpld §559, Exec L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S1852
2023-2024: S7251, S8207

2019-S8025 (ACTIVE) - Summary

Establishes the office of the deaf and hard of hearing, and the deaf and hard of hearing advisory council.

2019-S8025 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8025

SPONSOR: SKOUFIS
 
TITLE OF BILL:

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 coordinating
council for services to persons who are deaf, deaf-blind, or hard of
hearing

 
PURPOSE:

This bill would create the office of the deaf and hard of hearing.

 
SUMMARY OF PROVISIONS:

Section one of the bill amends the executive law by adding a new article
28 as it relates to the creation of the office of the deaf and hard of
Hearing. The office, led by an executive director, would advise the
governor and legislature on how the state can meet the needs of the deaf

and hard of hearing communities. The office would have several responsi-
bilities including creating a statewide plan for delivering services,
maintaining a website, a referral system for complaints, expanding
employment opportunities and developing policies for the governor and
legislature. The office shall submit an annual report on their progress
to the governor and legislature.

The bill also sets up a deaf and hard of hearing advisory council
comprised of eleven members that will make recommendation on deaf and
hard of hearing related issues.

Section two of the bill repeals section 559 of the executive law.

Section three of the bill relates to the effective date.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):  n/a

 
JUSTIFICATION:

There is currently no active location in State government dedicated to
serving the deaf or hard of hearing community. In 2007, an interagency
council was created to streamline services to deaf or hard of hearing
New Yorkers. It was originally under the administration of the NYS
Commission on Quality of Care and Advocacy for Persons with Disabilities
(CQCAPD) and was subsequently moved to the newly created Justice Center
in 2012. Since the reorganization, the Interagency Coordinating Council
for Services to Persons who are Deaf, Deaf-Blind, or Hard of Hearing is
defunct and has not met in years. This new Office would replace the
council.

The Office of the Deaf and Hard of Hearing would provide deaf or hard of
hearing New Yorkers with a one stop location in State government where
they can access available services and resources. In addition, the
office along with the advisory council will develop and recommend poli-
cies to the Governor and State Legislature. Most states have a state
agency or commission that is dedicated to providing services and devel-
oping policy for the deaf and hard of hearing community.

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.

2019-S8025 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8025
 
                             I N  S E N A T E
 
                              March 10, 2020
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 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 29 to
 read as follows:
                                ARTICLE 29
                  OFFICE OF THE DEAF AND HARD OF HEARING
 SECTION 827. DEFINITIONS.
         828. OFFICE OF THE DEAF AND HARD OF HEARING.
         829. EXECUTIVE DIRECTOR.
         830. POWERS AND DUTIES OF THE OFFICE.
         831. DEAF AND HARD OF HEARING ADVISORY COUNCIL.
   § 827. 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.
   § 828. 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".
   § 829. 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
 BE ENTITLED TO REIMBURSEMENT FOR ACTUAL EXPENSES NECESSARILY INCURRED IN
 THE DISCHARGE OF THEIR OFFICIAL DUTIES.
   § 830. 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD01594-02-0

 S. 8025                             2
 
   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.
   § 831. 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
 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

 S. 8025                             3
 
 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.

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Senate Bill S8025

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Sponsored By

James Skoufis