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
No co-sponsors yet.
History
- Referred to investigations and government operations
- Print number 735a
- Amend and recommit to investigations and government operations
- Referred to investigations and government operations
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 certain unlawful discriminatory practices
Purpose
The purpose of this bill is to clarify the scope of protections against discrimination on the basis of disability in services provided by public entities.
Summary of specific provisions
Section one of this bill adds two new subdivisions, 34 and 35, to section 292 of the executive law. New subdivision 34 defines the term "public entity" to mean the state or any political subdivision including any department, agency, special purpose district, or other instrumentality of state or local government. Subdivision 35 would add to the term "auxiliary aids and services." Under this new section, these services would include qualified interpreters or readers for the hearing or visually impaired, acquisition or modification of equipment and other similar services and actions. Section two of this bill would amend section 296 of the executive law to add three new subdivisions, three-c, three-d, and three-e. The new subdivision three-c would not allow public entities to deny services, programs or activities to exclude a qualified person with a disability based on such disability. Subdivision three-d would also make it an unlawful discriminatory practice for a public entity to refuse to make reasonable modifications to rules, policies or practices, remove architectural, communication or transportation barriers or refuse to provide auxiliary aids and services to a person with a disability, unless they can show that to do so would pose an undue hardship. Subdivision three-e provides that to the extent that certain public transportation entities are covered by Subtitle B Title II of the Americans with Disabilities Act of 1990, 42 USC 12141 et seq., such entities shall not be subject to the requirements of subdivisions three-c and three-d of this section.
Read the full memo (720 words)
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 government entities. For several 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 governments 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, it 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 has in the past devoted and in the future is also 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 area of government services. Furthermore, it adds consistency for government entities that are attempting to assist people with disabilities by putting the federal requirements in state law. And finally, it secures these protections in state law, should they be challenged in federal court.
Prior legislative history
2008: S.7020-A Referred to Investigations and Governmental Operations.
Fiscal implications
None.
Effective date
This act shall take effect on the ninetieth day after it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.