S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8176
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               July 9, 2021
                                ___________
 
 Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
   tee on Governmental Operations
 
 AN ACT to amend the executive law, in relation to enacting the "New York
   commission for the deaf and hard of hearing act"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Short title. This act shall be known and may  be  cited  as
 the "New York commission for the deaf and hard of hearing act".
   §  2.  The  executive  law is amended by adding a new section 559-a to
 read as follows:
   § 559-A. 1. DEFINITIONS. AS USED IN THIS SECTION, UNLESS  THE  CONTEXT
 REQUIRES OTHERWISE:
   (A) "CHAIRPERSON" MEANS THE CHAIRPERSON OF THE COMMISSION FOR THE DEAF
 AND HARD OF HEARING.
   (B)  "COMMISSION"  MEANS THE COMMISSION FOR THE DEAF AND HARD OF HEAR-
 ING.
   (C) "DIRECTOR" MEANS THE DIRECTOR OF THE COMMISSION FOR THE  DEAF  AND
 HARD OF HEARING.
   (D)  "VICE-CHAIRPERSON"  MEANS  THE VICE-CHAIRPERSON OF THE COMMISSION
 FOR THE DEAF AND HARD OF HEARING.
   2. COMMISSION. THE COMMISSION FOR THE DEAF  AND  HARD  OF  HEARING  IS
 CREATED AS AN EXECUTIVE AGENCY OF STATE GOVERNMENT. THE COMMISSION SHALL
 BE  COMPOSED OF ELEVEN MEMBERS, GOVERNED BY A CHAIRPERSON, AND HEADED BY
 A DIRECTOR.
   3. COMMISSION MEMBERSHIP. (A) THE  COMMISSION  SHALL  BE  COMPOSED  OF
 ELEVEN  VOTING  MEMBERS  APPOINTED BY THE GOVERNOR FROM RESIDENTS OF THE
 STATE WHOSE POSITION, KNOWLEDGE, OR EXPERIENCE ENABLES THEM  TO  REASON-
 ABLY  REPRESENT THE CONCERNS, NEEDS, AND RECOMMENDATIONS OF DEAF OR HARD
 OF HEARING PERSONS. AT A MINIMUM, SIX VOTING MEMBERS OF  THE  COMMISSION
 SHALL  BE  PERSONS WHO ARE DEAF OR HARD OF HEARING, AT LEAST ONE OF WHOM
 SHALL BE FLUENT IN A SIGN LANGUAGE OTHER THAN  AMERICAN  SIGN  LANGUAGE.

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

                                                            LBD04854-01-1

 A. 8176                             2
 
 THE  REMAINING FIVE   MEMBERS OF THE COMMISSION SHALL BE REPRESENTATIVES
 OF AGENCIES, NONPROFIT CORPORATIONS AND ORGANIZATIONS, AND OTHER  GROUPS
 THAT  WORK  WITH  THE  DEAF  AND HARD OF HEARING COMMUNITIES, AS WELL AS
 ACADEMICS  AND OTHER EXPERTS. THE CHAIRPERSON OF THE COMMISSION SHALL BE
 ELECTED FROM THE COMMISSION'S MEMBERSHIP BY A SIMPLE  MAJORITY  VOTE  OF
 THE  TOTAL  MEMBERSHIP  OF  THE  COMMISSION. THE VICE-CHAIRPERSON OF THE
 COMMISSION SHALL BE ELECTED FROM THE COMMISSION'S MEMBERSHIP BY A SIMPLE
 MAJORITY VOTE OF THE TOTAL MEMBERSHIP OF THE COMMISSION.
   (B) THE GOVERNOR SHALL CONSIDER NOMINATIONS MADE  BY  ADVOCACY  GROUPS
 FOR THE DEAF AND HARD OF HEARING AND COMMUNITY-BASED ORGANIZATIONS.
   (C)  OF  THE INITIAL MEMBERS APPOINTED BY THE GOVERNOR, THREE SHALL BE
 APPOINTED TO TERMS OF ONE YEAR, FOUR SHALL BE APPOINTED TO TERMS OF  TWO
 YEARS,  AND FOUR SHALL BE APPOINTED TO TERMS OF THREE YEARS. THEREAFTER,
 ALL MEMBERS SHALL BE APPOINTED FOR TERMS OF THREE YEARS. NO MEMBER SHALL
 SERVE MORE THAN TWO CONSECUTIVE TERMS. A MEMBER SHALL SERVE UNTIL HIS OR
 HER SUCCESSOR IS APPOINTED AND QUALIFIED.
   (D) INITIAL MEMBERS' TERMS OF OFFICE SHALL BE CHOSEN  BY  LOT  AT  THE
 INITIAL MEETING OF THE COMMISSION.
   (E)  VACANCIES  IN  COMMISSION  MEMBERSHIP SHALL BE FILLED IN THE SAME
 MANNER AS INITIAL APPOINTMENTS. APPOINTMENTS TO FILL VACANCIES OCCURRING
 BEFORE THE EXPIRATION OF A TERM SHALL BE FOR THE REMAINDER OF THE  UNEX-
 PIRED TERM.
   (F)  MEMBERS  SHALL  NOT  RECEIVE  COMPENSATION FOR THEIR SERVICES BUT
 SHALL BE REIMBURSED FOR THEIR ACTUAL EXPENSES INCURRED IN  THE  PERFORM-
 ANCE  OF  THEIR  DUTIES  PLUS UP TO FIFTY DOLLARS PER DAY FOR ANY ACTUAL
 LOSS OF WAGES INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
   (G) TOTAL MEMBERSHIP CONSISTS OF THE  NUMBER  OF  VOTING  MEMBERS,  AS
 DEFINED  IN THIS SECTION, EXCLUDING ANY VACANT POSITIONS. A QUORUM SHALL
 CONSIST OF A SIMPLE MAJORITY OF TOTAL MEMBERSHIP AND SHALL BE SUFFICIENT
 TO CONDUCT THE TRANSACTION OF BUSINESS OF THE COMMISSION  UNLESS  STIPU-
 LATED OTHERWISE IN THE BY-LAWS OF THE COMMISSION.
   (H) THE COMMISSION SHALL MEET AT LEAST QUARTERLY.
   4.  DIRECTOR.  THE DIRECTOR SHALL BE HIRED, SUPERVISED, EVALUATED, AND
 TERMINATED BY THE COMMISSION. THE DIRECTOR SHALL CARRY OUT THE POLICIES,
 PROGRAMS, AND ACTIVITIES OF THE COMMISSION. THE DIRECTOR  SHALL  EMPLOY,
 MANAGE,  AND  ORGANIZE  THE  STAFF  OF THE COMMISSION AS HE OR SHE DEEMS
 APPROPRIATE.
   5. POWERS AND DUTIES OF THE COMMISSION.  THE  COMMISSION  SHALL  BE  A
 COORDINATING AND ADVOCATING BODY THAT ACTS ON BEHALF OF THE INTERESTS OF
 PERSONS  IN  THIS STATE WHO ARE DEAF OR HARD OF HEARING, INCLUDING CHIL-
 DREN, ADULTS, SENIOR CITIZENS, AND THOSE WITH ANY ADDITIONAL DISABILITY.
 THE COMMISSION SHALL COOPERATE AND WORK IN CONSULTATION WITH OTHER AGEN-
 CIES OF THE STATE WITH APPROPRIATE EXPERTISE AND  AUTHORITY  IN  MATTERS
 RELATING  TO  PERSONS  WHO  ARE DEAF OR HARD OF HEARING.  THE COMMISSION
 SHALL SUBMIT AN ANNUAL REPORT OF ITS ACTIVITIES TO THE GOVERNOR AND  THE
 LEGISLATURE  ON  OR  BEFORE  JANUARY  FIRST OF EACH YEAR. THE COMMISSION
 SHALL:
   (A) MAKE  AVAILABLE  AND  PROVIDE  AN  EDUCATIONAL  AND  INFORMATIONAL
 PROGRAM THROUGH PRINTED MATERIALS, WORKSHOP AND TRAINING SESSIONS, PRES-
 ENTATIONS,  DEMONSTRATIONS,  AND PUBLIC AWARENESS EVENTS ABOUT DEAF GAIN
 FOR CITIZENS IN THIS STATE AND FOR  PUBLIC  AND  PRIVATE  ENTITIES.  THE
 PROGRAM  SHALL  INCLUDE,  BUT  NOT BE LIMITED TO, INFORMATION CONCERNING
 INFORMATION  AND  REFERRAL  SERVICES,  LENDING  LIBRARIES,  SERVICE  AND
 RESOURCE  AVAILABILITY,  THE  INTERPRETER  REGISTRY,  ACCESSIBILITY  AND
 ACCOMMODATION ISSUES, ASSISTIVE TECHNOLOGY,  EMPOWERMENT  ISSUES,  OBLI-
 GATIONS  OF  SERVICE  PROVIDERS  AND EMPLOYERS, EDUCATIONAL OPTIONS, AND

 A. 8176                             3
 
 CURRENT FEDERAL AND STATE STATUTES, REGULATIONS, AND POLICIES  REGARDING
 DEAF GAIN.
   (B)  COOPERATE  WITH PUBLIC AND PRIVATE AGENCIES AND LOCAL, STATE, AND
 FEDERAL GOVERNMENTS TO COORDINATE PROGRAMS FOR PERSONS WHO ARE  DEAF  OR
 HARD OF HEARING.
   (C)  PROVIDE  TECHNICAL ASSISTANCE, CONSULTATION, AND TRAINING SUPPORT
 TO START AND ENHANCE EXISTING PROGRAMS AND SERVICES FOR PERSONS WHO  ARE
 DEAF OR HARD OF HEARING.
   (D)  EVALUATE  AND  MONITOR STATE PROGRAMS DELIVERING SERVICES TO DEAF
 AND HARD OF HEARING PERSONS TO DETERMINE THEIR  EFFECTIVENESS;  IDENTIFY
 AND PROMOTE NEW SERVICES OR PROGRAMS WHENEVER NECESSARY; AND MAKE RECOM-
 MENDATIONS  TO  PUBLIC  OFFICIALS ABOUT CHANGES NECESSARY TO IMPROVE THE
 QUALITY AND DELIVERY OF SERVICES, PROGRAMS,  AND  ACTIVITIES  AND  ABOUT
 FUTURE FINANCIAL SUPPORT TO CONTINUE EXISTING PROGRAMS AND ESTABLISH NEW
 PROGRAMS.
   (E)  MONITOR  STATE FUNDED PROGRAMS DELIVERING SERVICES TO PERSONS WHO
 ARE DEAF OR HARD OF HEARING TO DETERMINE THE EXTENT  THAT  PROMISED  AND
 MANDATED SERVICES ARE DELIVERED.
   (F)  REVIEW,  EVALUATE, AND PARTICIPATE IN THE DEVELOPMENT OF PROPOSED
 AND AMENDED STATUTES,  RULES,  REGULATIONS,  AND  POLICIES  RELATING  TO
 SERVICES,  PROGRAMS, AND ACTIVITIES FOR DEAF AND HARD OF HEARING PERSONS
 AND MAKE RECOMMENDATIONS ON EXISTING STATUTES, RULES,  REGULATIONS,  AND
 POLICIES TO THE GOVERNOR, THE LEGISLATURE AND STATE AGENCIES.
   (G)  PROMOTE  COOPERATION  AMONG  STATE  AND  LOCAL AGENCIES PROVIDING
 EDUCATIONAL PROGRAMS FOR DEAF AND HARD OF HEARING INDIVIDUALS.
   (H) MAKE RECOMMENDATIONS UPON REQUEST FROM THE GOVERNOR, THE  LEGISLA-
 TURE  AND  STATE  AGENCIES  REGARDING  RULES  AND REGULATIONS RELATED TO
 RECRUITMENT, EVALUATION, CERTIFICATION, LICENSURE, AND  TRAINING  STAND-
 ARDS OF INTERPRETERS FOR DEAF AND HARD OF HEARING PERSONS.
   6.  RULES  AND  REGULATIONS. THE COMMISSION SHALL PROMULGATE RULES AND
 REGULATIONS NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
   § 3. This act shall take effect on the one hundred twentieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment,  and/or repeal of any rules and regulations necessary to implement
 the provisions of this act on its effective date are  authorized  to  be
 completed on or before such effective date.