NY State Senate Bill 2021-S6294A

Senate Bill S6294A

Signed By Governor

2021-2022 Legislative Session

Requires the developmental disabilities advisory council to evaluate the state's response to the COVID-19 state disaster emergency for individuals with intellectual or developmental disabilities

download bill text pdf

Archive: Last Bill Status - Signed by Governor

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 21, 2021	approval memo.86 signed chap.711
Dec 09, 2021	delivered to governor
Jun 07, 2021	returned to senate passed assembly ordered to third reading rules cal.474 substituted for a7381a referred to ways and means delivered to assembly passed senate
Jun 01, 2021	amended on third reading (t) 6294a
May 19, 2021	advanced to third reading
May 12, 2021	2nd report cal.
May 11, 2021	1st report cal.1025
May 03, 2021	reported and committed to finance
Apr 20, 2021	referred to disabilities

Votes

- Jun 7, 2021 - Floor Vote
  S6294A
  
  60
  
  Aye
  
  3
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 7, 2021
      
      aye (60)
      
      Addabbo Jr.
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Breslin
      
      Brisport
      
      Brooks
      
      Brouk
      
      Comrie
      
      Cooney
      
      Felder
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martucci
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rath III
      
      Reichlin-Melnick
      
      Ritchie
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Weik
      
      nay (3)
      
      Akshar
      
      Griffo
      
      Serino
  May 11, 2021 - Finance Committee Vote
  S6294A
  
  16
  
  Aye
  
  3
  
  Nay
  
  4
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Finance Committee Vote: May 11, 2021
      
      aye (16)
      
      Bailey
      
      Benjamin
      
      Breslin
      
      Comrie
      
      Harckham
      
      Hoylman-Sigal
      
      Kennedy
      
      Krueger
      
      Liu
      
      Parker
      
      Rivera
      
      Salazar
      
      Savino
      
      Skoufis
      
      Stavisky
      
      Thomas
      
      nay (3)
      
      Borrello
      
      Griffo
      
      Ritchie
      
      aye wr (4)
      
      Gallivan
      
      O'Mara
      
      Serino
      
      Tedisco
  May 3, 2021 - Disabilities Committee Vote
  S6294A
  
  6
  
  Aye
  
  1
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Disabilities Committee Vote: May 3, 2021
      
      aye (6)
      
      Brooks
      
      Felder
      
      Hoylman-Sigal
      
      Mannion
      
      Martucci
      
      Persaud
      
      nay (1)
      
      Akshar

Bill Amendments

Original

A (Active)

2021-S6294 - Details

See Assembly Version of this Bill:: A7381
Law Section:: Mental Hygiene Law
Laws Affected:: Amd §13.05, Ment Hyg L

2021-S6294 - Summary

Requires the developmental disabilities advisory council to evaluate and produce a report on the state's response to the COVID-19 state disaster emergency as it relates to individuals with intellectual or developmental disabilities with assistance from OPWDD and the department of health.

2021-S6294 - Sponsor Memo

                                
 
BILL NUMBER: S6294

SPONSOR: MANNION
 
TITLE OF BILL:

An act to amend the mental hygiene law, in relation to requiring the
office for people with developmental disabilities to produce a report
evaluating the state's response to the COVID-19 state disaster emergency
as it relates to individuals with intellectual or developmental disabil-
ities; and providing for the repeal of such provisions upon the expira-
tion thereof

 
PURPOSE OR GENERAL IDEA OF BILL:

This legislation requires the Office for People With Developmental Disa-
bilities (OPWDD) to conduct a thorough review and investigation into the
handling of, and produce a report on their response to the COVID 19
pandemic.

 
SUMMARY OF PROVISIONS:

Section 1. Adds a new subsection (f) to the mental hygiene law, requir-
ing OPWDD, with DOH, to produce a report on the care of individuals with
intellectual and developmental disabilities including:

Timeline and inventory of executive orders, guidance, and regulations
between March 1, 2020 and April 1, 2021;

Timeline of outreach conducted with relevant stakeholders; Actions or
guidelines that OPWDD or DOH or any agency to minimize exposure of
COVID-19 between residents and staff;

An inventory of actions to assist in the procurement of PPE for resi-
dents and staff An inventory of costs incurred by the office related to
COVID-10 response An inventory of actions the office took to assist
underserved and minority populations Specific challenges for individuals
with MD The report will also evaluate the policies implemented to deter-
mine efficacy and provide recommendations to the legislature on regu-
lations and laws that hampered the department's ability to manage during
the state of emergency. The report is due to the Governor and Legisla-
ture 9 months after passage.

Section 2. Effective Date

 
JUSTIFICATION:

During the declared state of emergency due to the COVID-19 pandemic, the
State has had to act quickly and decisively to get a handle on the
quickly spreading virus. This was an unprecedented and enormous chal-
lenge that the State has never faced before. During the first few months
of the state of emergency, guidelines and regulations were changing
quickly and frequently.

The Office for People with Developmental Disabilities (OPWDD) oversees
the care of thousands of individuals with intellectual and developmental
disabilities. This past summer, a study by Upstate Medical Hospital and
'Syracuse University showed that individuals with I/DD, due to comorbid-
ities and living within congregate care settings, are more likely to be
susceptible to infection of COVID-19.  As the State continues its effort
to reopen responsibly and safely, it is time that the agencies responsi-
ble for adopting new guidelines and regulations review the response and
effectiveness of such regulations. In order to properly respond to
future airborne illnesses, the State must evaluate its response and make
recommendations to adopt best practices in the future.

This legislation will ensure a full accounting of the timeline and
actions OPWDD and the Department of Health took to ensure the safety and
wellbeing of New Yorkers with intellectual and developmental disabili-
ties. After such evaluation, the report will pave the way for the
adoption of successful and effective policies for infectious disease
control. Should another pandemic or disaster of this magnitude occur
again, individuals with I/DD, their loved ones, caregivers and direct
support professionals can be assured that OPWDD and DOH are following
policy and guidelines in the best interest of individuals with disabili-
ties.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

TBD.

 
EFFECTIVE DATE: Effect immediately and expire upon
transmission of the report.

2021-S6294 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6294
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 20, 2021
                                ___________
 
 Introduced  by  Sen. MANNION -- read twice and ordered printed, and when
   printed to be committed to the Committee on Disabilities
 
 AN ACT to amend the mental hygiene law, in  relation  to  requiring  the
   office  for people with developmental disabilities to produce a report
   evaluating the state's response to the COVID-19 state  disaster  emer-
   gency  as it relates to individuals with intellectual or developmental
   disabilities; and providing for the repeal of such provisions upon the
   expiration thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  13.07  of  the  mental hygiene law is amended by
 adding a new subdivision (f) to read as follows:
   (F) (1) THE OFFICE, IN CONSULTATION WITH  THE  DEPARTMENT  OF  HEALTH,
 SHALL  PRODUCE A REPORT TO REVIEW THE IMPACT AND THE STATE'S RESPONSE TO
 THE COVID-19 STATE DISASTER EMERGENCY, AS DECLARED  BY  EXECUTIVE  ORDER
 TWO  HUNDRED  TWO  OF  TWO THOUSAND TWENTY, AS IT RELATES TO INDIVIDUALS
 WITH  INTELLECTUAL  OR  DEVELOPMENTAL  DISABILITIES.  THE  REPORT  SHALL
 INCLUDE, BUT NOT BE LIMITED TO:
   (I) A TIMELINE AND INVENTORY OF ANY AND ALL RELEVANT EXECUTIVE ORDERS,
 GUIDANCE  AND  REGULATIONS  PUT  FORTH  BY THE DEPARTMENT OF HEALTH, THE
 OFFICE, THE EXECUTIVE OR ANY OTHER AGENCY BETWEEN MARCH FIRST, TWO THOU-
 SAND TWENTY AND APRIL FIRST, TWO THOUSAND TWENTY-ONE IN RESPONSE TO  THE
 COVID-19 OUTBREAK;
   (II)  A  TIMELINE  OF ANY OUTREACH CONDUCTED BY THE OFFICE WITH STAKE-
 HOLDERS,  INCLUDING  SELF-ADVOCATES,  FAMILY  ADVOCATES  AND   VOLUNTARY
 PROVIDERS AND WHAT, IF ANY, CHANGES TO GUIDANCE WERE MADE AS A RESULT OF
 SUCH COMMUNICATION WITH STAKEHOLDERS;
   (III)  ANY  ACTIONS  OR  GUIDANCE THE OFFICE, THE DEPARTMENT OF HEALTH
 AND/OR ANY OTHER AGENCY TOOK TO MINIMIZE EXPOSURE  OF  COVID-19  BETWEEN
 RESIDENTS AND STAFF;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10522-03-1

 S. 6294                             2
 
   (IV)  AN  INVENTORY  OF  ACTIONS  THE OFFICE, THE DEPARTMENT OF HEALTH
 AND/OR ANY OTHER AGENCY TOOK TO ASSIST IN THE PROCUREMENT OR  PROVISION-
 ING  OF  PERSONAL  PROTECTIVE EQUIPMENT FOR RESIDENTS AND STAFF IN STATE
 OPERATED FACILITIES, AND FACILITIES OPERATED BY VOLUNTARY PROVIDERS. FOR
 PURPOSES OF THIS SECTION, "PERSONAL PROTECTIVE EQUIPMENT" SHALL MEAN ALL
 EQUIPMENT  WORN  OR USED TO MINIMIZE EXPOSURE TO A COMMUNICABLE DISEASE,
 INCLUDING BUT NOT LIMITED TO GLOVES, MASKS AND FACE SHIELDS;
   (V) AN INVENTORY OF COSTS INCURRED BY THE OFFICE  RELATED TO  RESPOND-
 ING TO COVID-19;
   (VI)  AN  INVENTORY  OF  ACTIONS  THE OFFICE, THE DEPARTMENT OF HEALTH
 AND/OR ANY OTHER AGENCY TOOK TO ASSIST UNDERSERVED COMMUNITIES INCLUDING
 BUT NOT LIMITED TO RACIAL AND ETHNIC MINORITY COMMUNITIES; AND
   (VII) SPECIFIC CHALLENGES THAT WERE FACED WITH REGARDS TO  INDIVIDUALS
 WITH INTELLECTUAL AND DEVELOPMENTAL DISABILITIES.
   (2)  THE OFFICE SHALL ALSO EVALUATE POLICIES, PROCEDURES, AND PROGRAMS
 THAT WERE IMPLEMENTED DURING THE COURSE  OF  THE  COVID-19  PANDEMIC  TO
 DETERMINE THE EFFICACY ON SAFETY.
   (3) THE OFFICE SHALL PROVIDE RECOMMENDATIONS OF CHANGES TO ANY LAWS OR
 REGULATIONS THAT IMPEDED RESPONSE TO COVID-19 TO THE LEGISLATURE.
   (4)  SUCH  REPORT  SHALL  BE  SUBMITTED TO THE GOVERNOR, THE TEMPORARY
 PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY  NO  LATER  THAN
 NINE  MONTHS  FROM  THE  EFFECTIVE DATE OF THIS SUBDIVISION AND SHALL BE
 MADE PUBLICLY AVAILABLE ONLINE.
   § 2. This act shall take effect immediately and shall  expire  and  be
 deemed  repealed  ten days after transmission of the report of the find-
 ings by the office for people with  developmental  disabilities  to  the
 governor,  the  temporary president of the senate and the speaker of the
 assembly, as provided in section one of  this  act.  Provided,  however,
 that  the commissioner of the office for people with developmental disa-
 bilities shall notify the legislative bill drafting commission upon  the
 transmission of the report of the findings of the office for people with
 developmental  disabilities,  as provided in section one of this act, in
 order that the commission may maintain an accurate and timely  effective
 data  base  of the official text of the laws of the state of New York in
 furtherance of effectuating the provisions of section 44 of the legisla-
 tive law and section 70-b of the public officers law.

2021-S6294A (ACTIVE) - Details

See Assembly Version of this Bill:: A7381
Law Section:: Mental Hygiene Law
Laws Affected:: Amd §13.05, Ment Hyg L

2021-S6294A (ACTIVE) - Summary

2021-S6294A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6294A

SPONSOR: MANNION
 
TITLE OF BILL:

An act to amend the mental hygiene law, in relation to requiring the
developmental disabilities advisory council to produce a report evaluat-
ing the state's response to the COVID-19 state disaster emergency as it
relates to individuals with intellectual or developmental disabilities;
and providing for the repeal of such provisions upon the expiration
thereof

 
PURPOSE OR GENERAL IDEA OF BILL:

This legislation requires the Developmental Disabilities Advisory Coun-
cil to conduct a thorough review and investigation into the handling of,
and produce a report on their response to the COVID 19 pandemic.

 
SUMMARY OF PROVISIONS:

Section 1. Adds a new subsection (f) to the mental hygiene law, requir-

ing DDAC with technical assistance from OPWDD, with DOH, to produce a
report on the care of individuals with intellectual and developmental
disabilities including:

- Timeline and inventory of executive orders, guidance, and regulations
between March 1, 2020 and April 1, 2021;

- Timeline of outreach conducted with relevant stakeholders;

- Actions or guidelines that OPWDD or DOH or any agency to minimize
exposure of COVID-19 between residents and staff;

- An inventory of actions to assist in the procurement of PPE for resi-
dents and staff

- An inventory of costs incurred by the office related to COVID-10
response

- An inventory of actions the office took to assist underserved and
minority populations

- Specific challenges for individuals with I/DD

The report will also evaluate the policies implemented to determine
efficacy and provide recommendations to the legislature on regulations
and laws that hampered the department's ability to manage during the
state of emergency. The report is due to the Governor and Legislature 9
months after passage.

Section 2. Effective Date

 
JUSTIFICATION:

During the declared state of emergency due to the COVID-19 pandemic, the
State has had to act quickly and decisively to get a handle on the
quickly spreading virus. This was an unprecedented and enormous chal-
lenge that the State has never faced before. During the first few months

of the state of emergency, guidelines and regulations were changing
quickly and frequently.

The Office for People with Developmental Disabilities (OPWDD) oversees
the care of thousands of individuals with intellectual and developmental
disabilities. This past summer, a study by Upstate Medical Hospital and
Syracuse University showed that individuals with I/DD, due to comorbidi-
ties and living within congregate care settings, are more likely to be
susceptible to infection of COVID- 1 9.  As the State continues its
effort to reopen responsibly and safely, it is time that the agencies
responsible for adopting new guidelines and regulations review the
response and effectiveness of such regulations. In order to properly
respond to future airborne illnesses, the State must evaluate its
response and make recommendations to adopt best practices in the future.

This legislation will ensure a full accounting of the timeline and
actions OPWDD and the Department of Health took to ensure the safety and
wellbeing of New Yorkers with intellectual and developmental disabili-
ties. After such evaluation, the report will pave the way for the
adoption of successful and effective policies for infectious disease
control. Should another pandemic or disaster of this magnitude occur
again, individuals with I/DD, their loved ones, caregivers and direct
support professionals can be assured that OPWDD and DOH are following
policy and guidelines in the best interest of individuals with disabili-
ties.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

TBD.

 
EFFECTIVE DATE:
Effect immediately and expire upon transmission of the report.

2021-S6294A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6294--A
     Cal. No. 1025
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 20, 2021
                                ___________
 
 Introduced  by  Sen. MANNION -- read twice and ordered printed, and when
   printed to be committed to the Committee on Disabilities  --  reported
   favorably  from  said  committee  and  committed  to  the Committee on
   Finance -- reported favorably from said committee,  ordered  to  first
   and  second  report,  ordered  to a third reading, amended and ordered
   reprinted, retaining its place in the order of third reading
 
 AN ACT to amend the mental hygiene law, in  relation  to  requiring  the
   developmental disabilities advisory council to produce a report evalu-
   ating the state's response to the COVID-19 state disaster emergency as
   it relates to individuals with intellectual or developmental disabili-
   ties; and providing for the repeal of such provisions upon the expira-
   tion thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 13.05 of the  mental  hygiene  law  is  amended  by
 adding a new subdivision (g) to read as follows:
   (G)  THE  DEVELOPMENTAL  DISABILITIES ADVISORY COUNCIL SHALL PRODUCE A
 REPORT TO REVIEW THE IMPACT AND THE STATE'S  RESPONSE  TO  THE  COVID-19
 STATE DISASTER EMERGENCY, AS DECLARED BY EXECUTIVE ORDER TWO HUNDRED TWO
 OF  TWO  THOUSAND TWENTY, AS IT RELATES TO INDIVIDUALS WITH INTELLECTUAL
 OR DEVELOPMENTAL DISABILITIES.  THE OFFICE AND THE DEPARTMENT OF  HEALTH
 SHALL PROVIDE TECHNICAL ASSISTANCE AND ACCESS TO DATA AS IS REQUIRED FOR
 THE  COUNCIL  TO  EFFECTUATE  SUCH  REVIEW AND PRODUCE SUCH REPORT.  THE
 REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO:
   (I) A TIMELINE AND INVENTORY OF ANY AND ALL RELEVANT EXECUTIVE ORDERS,
 GUIDANCE AND REGULATIONS PUT FORTH BY  THE  DEPARTMENT  OF  HEALTH,  THE
 OFFICE, THE EXECUTIVE OR ANY OTHER AGENCY BETWEEN MARCH FIRST, TWO THOU-
 SAND  TWENTY AND APRIL FIRST, TWO THOUSAND TWENTY-ONE IN RESPONSE TO THE
 COVID-19 OUTBREAK;
   (II) A TIMELINE OF ANY OUTREACH CONDUCTED BY THE  OFFICE  WITH  STAKE-
 HOLDERS,   INCLUDING  SELF-ADVOCATES,  FAMILY  ADVOCATES  AND  VOLUNTARY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD10522-06-1

 S. 6294--A                          2
 
 PROVIDERS AND WHAT, IF ANY, CHANGES TO GUIDANCE WERE MADE AS A RESULT OF
 SUCH COMMUNICATION WITH STAKEHOLDERS;
   (III)  ANY  ACTIONS  OR  GUIDANCE THE OFFICE, THE DEPARTMENT OF HEALTH
 AND/OR ANY OTHER AGENCY TOOK TO MINIMIZE EXPOSURE  OF  COVID-19  BETWEEN
 RESIDENTS AND STAFF;
   (IV)  AN  INVENTORY  OF  ACTIONS  THE OFFICE, THE DEPARTMENT OF HEALTH
 AND/OR ANY OTHER AGENCY TOOK TO ASSIST IN THE PROCUREMENT OR  PROVISION-
 ING  OF  PERSONAL  PROTECTIVE EQUIPMENT FOR RESIDENTS AND STAFF IN STATE
 OPERATED FACILITIES, AND FACILITIES OPERATED BY VOLUNTARY PROVIDERS. FOR
 PURPOSES OF THIS SECTION, "PERSONAL PROTECTIVE EQUIPMENT" SHALL MEAN ALL
 EQUIPMENT WORN OR USED TO MINIMIZE EXPOSURE TO A  COMMUNICABLE  DISEASE,
 INCLUDING BUT NOT LIMITED TO GLOVES, MASKS AND FACE SHIELDS;
   (V)  AN INVENTORY OF COSTS INCURRED BY THE OFFICE  RELATED TO RESPOND-
 ING TO COVID-19;
   (VI) AN INVENTORY OF ACTIONS THE  OFFICE,  THE  DEPARTMENT  OF  HEALTH
 AND/OR ANY OTHER AGENCY TOOK TO ASSIST UNDERSERVED COMMUNITIES INCLUDING
 BUT NOT LIMITED TO RACIAL AND ETHNIC MINORITY COMMUNITIES; AND
   (VII)  SPECIFIC CHALLENGES THAT WERE FACED WITH REGARDS TO INDIVIDUALS
 WITH INTELLECTUAL AND DEVELOPMENTAL DISABILITIES.
   (2) THE DEVELOPMENTAL DISABILITIES ADVISORY COUNCIL SHALL ALSO  EVALU-
 ATE  POLICIES, PROCEDURES, AND PROGRAMS THAT WERE IMPLEMENTED DURING THE
 COURSE OF THE COVID-19 PANDEMIC TO DETERMINE THE EFFICACY ON SAFETY.
   (3) THE DEVELOPMENTAL  DISABILITIES  ADVISORY  COUNCIL  SHALL  PROVIDE
 RECOMMENDATIONS  OF  CHANGES  TO  ANY  LAWS  OR REGULATIONS THAT IMPEDED
 RESPONSE TO COVID-19 TO THE LEGISLATURE.
   (4) SUCH REPORT SHALL BE SUBMITTED  TO  THE  GOVERNOR,  THE  TEMPORARY
 PRESIDENT  OF  THE  SENATE AND THE SPEAKER OF THE ASSEMBLY NO LATER THAN
 NINE MONTHS FROM THE EFFECTIVE DATE OF THIS  SUBDIVISION  AND  SHALL  BE
 MADE PUBLICLY AVAILABLE ONLINE.
   §  2.  This  act shall take effect immediately and shall expire and be
 deemed repealed ten days after transmission of the report of  the  find-
 ings by the developmental disabilities advisory council to the governor,
 the  temporary  president of the senate and the speaker of the assembly,
 as provided in section one of this  act.  Provided,  however,  that  the
 commissioner  of  the  office for people with developmental disabilities
 shall notify the legislative bill drafting commission  upon  the  trans-
 mission  of  the  report  of  the findings of the office for people with
 developmental disabilities, as provided in section one of this  act,  in
 order  that the commission may maintain an accurate and timely effective
 data base of the official text of the laws of the state of New  York  in
 furtherance of effectuating the provisions of section 44 of the legisla-
 tive law and section 70-b of the public officers law.

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