S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3718
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 7, 2023
                                ___________
 
 Introduced  by M. of A. EPSTEIN, BUTTENSCHON -- Multi-Sponsored by -- M.
   of A.  DINOWITZ, GLICK, PAULIN, L. ROSENTHAL -- read once and referred
   to the Committee on Governmental Operations
 
 AN ACT to amend the executive law, in relation to clarifying  the  scope
   of  protections  against  discrimination on the basis of disability in
   the area of government services
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Legislative  intent. With the enactment of chapter 988 of
 the laws of 1974, the legislature began to extend to people  with  disa-
 bilities  guarantees  that  such  individuals would not be discriminated
 against on the basis of their disability in employment,  use  of  public
 accommodations  and  in  a  broad  range  of  other areas and activities
 subject to the requirements of the human rights provisions of the execu-
 tive law.  The federal Americans with Disabilities Act, enacted in 1990,
 has extended similar protections throughout the nation.   While  current
 state  requirements are consistent with those adopted by Congress in the
 Americans with Disabilities Act, the federal statute explicitly includes
 a number of requirements which are implicit in state law.  The  legisla-
 ture  adopts this measure to reiterate this state's commitment to assur-
 ing people with disabilities full access under state law to all  of  the
 rights  and remedies to which they are entitled under the Americans with
 Disabilities Act, consistent with current policies and practices of  the
 state  division  of  human rights, and to continue New York's preeminent
 role as a leader in guaranteeing equal rights and opportunities  to  all
 of its citizens.
   §  2.  Section  292  of  the  executive law is amended by adding a new
 subdivision 42 to read as follows:
   42. THE TERM "PUBLIC ENTITY" MEANS THE STATE OR ANY POLITICAL SUBDIVI-
 SION THEREOF AND ANY DEPARTMENT, AGENCY,  SPECIAL  PURPOSE  DISTRICT  OR
 OTHER INSTRUMENTALITY OF THE STATE OR LOCAL GOVERNMENT.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07725-01-3
              

 A. 3718                             2
 
   §  3.  Section  296  of the executive law is amended by adding two new
 subdivisions 3-c and 3-d to read as follows:
   3-C.  IT  SHALL  BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR ANY PUBLIC
 ENTITY TO EXCLUDE A PERSON WITH A DISABILITY  WHO  MEETS  THE  ESSENTIAL
 ELIGIBILITY  REQUIREMENTS  FROM PARTICIPATION IN OR DENY SUCH PERSON THE
 BENEFITS OF SERVICES, PROGRAMS, OR ACTIVITIES OF A PUBLIC ENTITY  SOLELY
 BY REASON OF SUCH DISABILITY OR TO SUBJECT SUCH PERSON WITH A DISABILITY
 TO DISCRIMINATION BY ANY SUCH ENTITY.
   3-D.  IT  SHALL  BE  AN  UNLAWFUL DISCRIMINATORY PRACTICE FOR A PUBLIC
 ENTITY TO REFUSE TO MAKE REASONABLE MODIFICATIONS TO RULES, POLICIES, OR
 PRACTICES, TO REFUSE TO REMOVE ARCHITECTURAL, COMMUNICATION,  OR  TRANS-
 PORTATION BARRIERS, OR TO REFUSE TO PROVIDE AUXILIARY AIDS AND SERVICES,
 INCLUDING  BUT  NOT LIMITED TO SUPPORT SERVICES FOR PEOPLE WITH IMPAIRED
 HEARING OR VISION  AND  ACQUISITION  OR  MODIFICATION  OF  EQUIPMENT  OR
 DEVICES, TO A PERSON WITH A DISABILITY WHO MEETS THE ESSENTIAL ELIGIBIL-
 ITY REQUIREMENTS WHICH WILL ALLOW SUCH AN INDIVIDUAL TO RECEIVE SERVICES
 OR  PARTICIPATE IN PROGRAMS OR ACTIVITIES PROVIDED BY A PUBLIC ENTITY IN
 THE MOST INTEGRATED MANNER POSSIBLE.
   § 4. This act shall take effect on the first of January next  succeed-
 ing the date on which it shall have become a law.