§ 559. New York State interagency coordinating council for services to
persons who are deaf, deaf-blind, or hard of hearing. 1. Subject to an
appropriation, the justice center shall have the central responsibility
for administering the provisions of this section and otherwise
coordinating the activities of the state interagency coordinating
council for services to persons who are deaf, deaf-blind, or hard of
hearing with respect to serving residents of the state who are deaf,
deaf-blind, or hard of hearing, in consultation with the office of
children and family services, the office for the aging, the public
service commission, the department of health, the department of labor,
the department of education, and other state agencies as appropriate.
The council shall meet a minimum of three times a year.

2. The following definitions describe the functional characteristics
of persons who are deaf, deaf-blind, or hard of hearing, as used in this
section.

(a) Deaf. Describes persons who have a profound hearing loss and who
primarily rely on visual communication, such as sign language, writing,
lip reading, and gestures, which may be used exclusively or in
combination. Such persons generally use a form of American sign language
as their primary mode of communication. In addition, there is a group of
profoundly deaf individuals who communicate orally and may use sign
language to support their understanding of the spoken language. Hearing
aids and other assistive technology may also be used to aid in
communication.

(b) Deaf-blind. An individual with a concomitant hearing and visual
impairment, the combination of which causes such severe communication
and other developmental and educational problems that the individual
cannot be accommodated in programs for individuals who are solely deaf
or blind.

(c) Hard of hearing. A hard of hearing person is someone with a
measurable hearing loss and who self-identifies as being hard of
hearing, although audiologically he or she may have a profound hearing
loss. Additionally, this person typically uses his or her residual
hearing, speech and speech reading skills, and hearing aids to
communicate; he or she may rely on assistive listening devices to
augment his or her ability to hear and speak.

3. Subject to an appropriation, the justice center shall have the
following powers and duties:

(a) To coordinate the activities of the state interagency coordinating
council and to promote, in cooperation with the appropriate state
agencies, the implementation of a comprehensive statewide program of
coordinated services for persons who are deaf, deaf-blind, or hard of
hearing that includes educational, medical, housing, transportation,
technology supports, personal care, family supports, day program
services, and other essential services that maximize existing resources
and administrative mechanisms to address issues and legal obligations.

(b) To maintain data on the incidence of deafness, deaf-blindness, and
other hearing loss.

(c) To serve as a clearinghouse for information on services available
to persons who are deaf, deaf-blind, or hard of hearing, including, but
not limited to, resources that support the development and
implementation of community-based services and rehabilitation.

(d) To disseminate general information on deafness and the unique
communication needs of persons who are deaf, deaf-blind, and hard of
hearing, and to inform the deaf, deaf-blind, and hard of hearing
communities about available services and how such services can be
accessed.

(e) To receive complaints in matters affecting the deaf, deaf-blind,
or hard of hearing communities and to refer such complaints to the
appropriate regulatory agencies where it deems necessary or appropriate.

(f) To conduct an ongoing evaluation of the needs of the deaf,
deaf-blind, and hard of hearing communities, including technology needs.

(g) To report to the governor and the legislature, on or before
November first of each year, on matters which shall include, but not be
limited to:

(i) the status of current efforts to achieve the purposes of this
section, which will be updated in subsequent reports; and

(ii) recommendations for standards, policies, procedures, and
strategies necessary to assure communication accessibility and
community-based services, including needed statutory revisions.

4. (a) Subject to an appropriation, the state interagency coordinating
council for services to persons who are deaf, deaf-blind, or hard of
hearing is hereby established and shall consist of the following persons
to be appointed by the governor:

(i) seven agency heads or their designees, acting in an ex officio
capacity: the executive director of the justice center, who shall serve
as the chair of the state interagency coordinating council, the
commissioner of the office of children and family services, the director
of the office for aging, the chair of the public service commission, the
commissioner of health, the commissioner of labor, and the commissioner
of education;

(ii) six persons who are residents of New York state and who shall be
persons who are deaf, deaf-blind, or hard of hearing, one of whom shall
be appointed on the nomination of the temporary president of the senate,
one of whom shall be appointed on the nomination of the speaker of the
assembly, one of whom shall be appointed on the nomination of the
minority leader of the senate, and one of whom shall be appointed on the
nomination of the minority leader of the assembly; and

(iii) two persons who are residents of New York state and who are
representatives of the public and have a demonstrated expertise and
interest in the needs of persons who are deaf, deaf-blind, or hard of
hearing.

(b) Of the eight persons appointed pursuant to subparagraphs (ii) and
(iii) of paragraph (a) of this subdivision, two shall serve for a term
of one year, two shall serve for a term of two years, and two shall
serve for a term of three years, as determined by the governor.
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.

(c) The eight members of the state interagency coordinating council
described in subparagraphs (ii) and (iii) of paragraph (a) of this
subdivision shall receive no compensation for their services, but shall
be allowed their actual and necessary expenses incurred in the
performance of their duties pursuant to this section, subject to the
approval of the justice center.

5. Subject to an appropriation, the state interagency coordinating
council is charged with recommending long range strategic objectives,
goals, and priorities for promoting the availability of a comprehensive
statewide program of coordinated services for persons who are deaf,
deaf-blind, or hard of hearing that is consistent with subdivision one
of this section. It shall also provide advice on the planning,
coordination, and development of needed services and technology,
including the manner in which such services shall be funded or otherwise
supported.