What's happening
Writing a plain-English summary… Track this bill to get it by email.
Why it matters
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Sponsors
2 Co-sponsors
History
- Referred to investigations and government operations
- Referred to investigations and government operations
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Clarifies the scope of protections against discrimination on the basis of disability
In Assembly Committee · Governmental Operations · Sponsor Kevin Cahill
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
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
Purpose
To clarify the scope of protections against discrimination on the basis of disability under the New York State Human Rights Law in the area of government services to be consistent with the federal Americans with Disabilities Act and the current policies and practices of the Division of Human Rights.
Summary of provisions
Section one sets forth the legislature's intent to clarify the existing provisions of the Human Rights Law relative to prohibiting discrimination on the basis of disability, consistent with the Americans with Disabilities Act and current state policies and practices.
Read the full memo (778 words)
Section two adds a new subdivision 31 to Sec. 292 of the Executive Law to define the term "public entity". Section three amends Sec. 296 of the executive law by adding two new subdivisions, 3-c and 3-d.
New subdivision 3-c provides that it is an unlawful discriminatory practice for a public entity to exclude from or deny any individual the benefits of a public entity program, service or benefit solely on the basis of that individual's disability, provided the individual meets essential eligibility requirements of the program, service or benefit in question.
New subdivision 3-d provides that it is an unlawful discriminatory practice for a public entity to refuse to make reasonable modifications in rules, policies or practices or to remove architectural, communication or transportation barriers or to refuse to provide auxiliary aids and services which are necessary to allow eligible people with disabilities to receive services or participate in programs or activities provided by the public entity.
Existing law
Section 296 of the Executive Law currently prohibits discrimination on the basis of disability in a broad range of areas and activities but does not explicitly incorporate many of the protections afforded people with disabilities under the Americans with Disabilities Act (ADA).
Justification
Beginning with the adoption of Chapter 988 of the laws of 1974, true nondiscrimination requires more than merely refraining from offensive conduct. In some instances, there are certain modest actions which must be undertaken to assure that people with disabilities have an equal opportunity to participate in certain programs, services and activities.
Title II of the ADA prohibits discrimination on the basis of disability by, public entities, which are defined to include the same entities as covered by this proposal, plus certain transportation providers already covered under other sections of current state law. For nearly twenty years, similar requirements have been applied to any entity, including state and local government, which receives federal funds pursuant to the federal Rehabilitation Act of 1973. Given the scope of the 1973 mandate and the extent to which state and local government continue to receive federal funds, the additional impact of this requirement should be minimal. Although Section 296 of the Executive Law already prohibits such discrimination by public entities as employers and operators of public facilities, this measure will clarify two key obligations of governmental entities providing benefits, programs or services.
First, it will be clear that prohibitions against discrimination extend beyond employment and use of facilities to services, programs and activities. This distinction becomes critical in the case of individuals who may be afforded full access to a facility but are denied the opportunity to participate in a program offered in that facility because of their disability. Second, the amendment will be consistent with comparable federal requirements and will clarify the obligation of the public entity to take reasonable actions to assure that the rules, policies or practices by which services, programs or activities are administered and that the existence of architectural, communication or transportation barriers or the absence of auxiliary aids and services do not prevent the participation of eligible people with disabilities in public entity services, programs and activities.
Given the minimal resources which the federal government is expected to devote to ADA enforcement, the availability of state enforcement mechanisms through the Human Rights Law is essential to assure adequate protections against discrimination on the basis of disability in the delivery of services by public entities.
Legislative history
2007-08 S.2172 Referred to Investigations and Government Operations 2005-06: S.3921 - Reported to Senate Floor, A.6321 - Passed Assembly 2003-04: S.5803 - Referred to Rules, A.5468 - Passed Assembly
Fiscal implications
Given the existence of comparable federal requirements and the extent to which state law already addresses most facets of the proposal, no additional fiscal support should be required for implementation.
Local fiscal implications
EFFECTIVE DATE : January 1, next succeeding becoming law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.