What's happening
This bill clarifies and expands New York’s protections against disability discrimination in government services, aligning state law with the Americans with Disabilities Act.
Why it matters
Expands the definition of "public entity". to include all state and local government bodies, agencies, and special-purpose districts—broadening the range of organizations required to comply with anti-discrimination protections.
Explicitly prohibits government programs from denying participation or benefits to people with disabilities. if they meet the essential eligibility requirements, reinforcing that exclusion based solely on disability is unlawful.
Mandates reasonable accommodations by public entities. , such as modifying policies, removing barriers (architectural, communication, transportation), and providing auxiliary aids (including for those with hearing or vision impairments), ensuring that people with disabilities can access services in the most integrated setting possible.
Aligns New York law with federal ADA standards. , which could make it easier for individuals to seek redress for discrimination in state courts and clarify the obligations of government bodies, potentially increasing accountability and consistency in disability rights enforcement.
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Who cares
Headline styles
Expand Disability Protections
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
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.
Strengthen Disability Rights Protections
In Assembly Committee · Governmental Operations · Sponsor Kevin Cahill
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1656
2017-2018 Regular Sessions
IN SENATE
January 10, 2017
Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government 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 Assembly, 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 disabilities 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 executive 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 the Congress in the Americans with Disabilities Act, the federal statute explicitly includes a number of requirements which are implicit in state law. The legislature adopts this measure to reiterate this state's commitment to assuring 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 35 to read as follows:
35. The term "public entity" means the state or any political subdivision 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.
LBD01627-01-7
S. 1656 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 transportation 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 eligibility 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 succeeding the date on which it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
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 further 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 American's 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 American's with Disabilities Act and current state policies and practices.
Read the full memo (740 words)
Section two adds a new subdivision 35 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 unlawful discriminatory practice for a public entity to exclude from or deny any individual the benefits of a public entity program, services 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 tint 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
2015-16: S1206/A1769 - Referred to Investigations and Government Operations. Same as S.1204 of 2014 - Referred to Investigations and Government Operations.
Fiscal implications
None.
Effective date
This act shall take effect 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.