S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3130
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2021
                                ___________
 
 Introduced  by  M. of A. STECK -- Multi-Sponsored by -- M. of A. BARRON,
   BUTTENSCHON,  COLTON,  COOK,  CRUZ,  DE LA ROSA,  DeSTEFANO,  DICKENS,
   ENGLEBRIGHT,  EPSTEIN,  FALL,  FRONTUS,  GOTTFRIED, GRIFFIN, JACOBSON,
   LUPARDO,  M. MILLER,  MONTESANO,  MORINELLO,  NIOU,  OTIS,  PALMESANO,
   REYES, J. RIVERA, L. ROSENTHAL, SANTABARBARA, SEAWRIGHT, SIMON, STERN,
   WALSH, WEPRIN, ZEBROWSKI -- 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04452-01-1

 A. 3130                             2
 
   (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
 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
 amended  by  chapter  672  of  the  laws of 2019, 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 for people with devel-
 opmental 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

 A. 3130                             3
 
 of  the  advocate  for  [persons] PEOPLE with disabilities, [a represen-
 tative from the commission on quality of care  for  the  mentally  disa-
 bled,]  three  consumers  of services for individuals with disabilities,
 one  to  be appointed by the governor, one to be appointed by the tempo-
 rary 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 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 gover-
 nor, 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 for people  with  developmental  disabilities,
 and  the director of the office for the aging] DIRECTOR OF THE OFFICE OF
 THE ADVOCATE FOR PEOPLE WITH DISABILITIES shall [rotate] SERVE as chair-
 person of the council [on a quarterly basis].
   § 3. This act shall take effect April 1, 2022.