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A6174Assembly2019-2020 SessionSame asS4276

Fix Disability Office References

Official title

“Makes technical corrections to references to the office for people with developmental disabilities”

Sponsor Aileen GuntherAD-100+1 co-sponsorAffects Health
Status
Assembly Floor Calendar
Impact
2/10
Minimal
Outcome
Companion signed

Bill progress

Signed via S4276

What's happening

This bill updates New York State laws by replacing outdated references to "mental retardation" with "office for people with developmental disabilities."

Why it matters

  1. Promotes dignity and modern language. By updating old statutory terms, the bill ensures that New York State laws use respectful, current language to refer to people with intellectual and developmental disabilities, reflecting societal progress and reducing stigma.

  2. Clarifies agency responsibilities. The change eliminates ambiguity about which state office is responsible for various services, ensuring that references in law match the actual agency name and structure, making it easier for service providers, families, and advocates to navigate the system.

  3. Improves legal consistency and compliance. Aligning terminology across many sections of law (election, health, education, social services, etc.) decreases confusion, ensures compliance with federal standards, and helps avoid legal challenges or misinterpretations based on outdated language.

  4. Supports advocacy and public understanding. Accurate and respectful language in statutes helps advocacy efforts, makes laws more accessible to the public, and signals New York’s commitment to inclusivity and the rights of people with developmental disabilities.

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Who cares

Headline styles

Fix Disability Office References

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Aileen Gunther

Assembly Member · Assembly District 100

1 Co-sponsor

History

  1. Substituted by S4276
  2. Advanced to third reading cal.351
  3. Reported
  4. Reported referred to ways and means
  5. Referred to mental health

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.

S4276Senate

Update Disability Office References

Signed by Governor · Sponsor James Skoufis

Impact 3 · LowSigned into law

Full text

29 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

6174

2019-2020 Regular Sessions

IN ASSEMBLY

February 28, 2019

Introduced by M. of A. GUNTHER -- read once and referred to the Committee on Mental Health

AN ACT to amend the election law, the executive law, the state finance law, the transportation law, the public authorities law, the public health law, the public lands law, the education law, the social services law, the cooperative corporations law, the elder law, the correction law, the criminal procedure law, the family court act, the facilities development corporation act, the medical care facilities finance agency act and the administrative code of the city of New York, in relation to making technical corrections to references to the office for people with developmental disabilities

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. The opening paragraph of section 5-211 of the election law, as amended by chapter 265 of the laws of 2013, is amended to read as follows:

Each agency designated as a participating agency under the provisions of this section shall implement and administer a program of distribution of voter registration forms pursuant to the provisions of this section. The following offices which provide public assistance and/or provide state funded programs primarily engaged in providing services to persons with disabilities are hereby designated as voter registration agencies: designated as the state agencies which provide public assistance are the office of children and family services, the office of temporary and disability assistance and the department of health. Also designated as public assistance agencies are all agencies of local government that provide such assistance. Designated as state agencies that provide programs primarily engaged in providing services to people with disabilities are the department of labor, office for the aging, division of veterans' affairs, office of mental health, office of vocational and educational services for individuals with disabilities, commission on

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD10184-01-9

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quality of care for the mentally disabled, office [of mental retardation and] for people with developmental disabilities, commission for the blind, office of alcoholism and substance abuse services, the office of the advocate for the disabled and all offices which administer programs established or funded by such agencies. Additional state agencies designated as voter registration offices are the department of state and the division of workers' compensation. Such agencies shall be required to offer voter registration forms to persons upon initial application for services, renewal or recertification for services and change of address relating to such services. Such agencies shall also be responsible for providing assistance to applicants in completing voter registration forms, receiving and transmitting the completed application form from all applicants who wish to have such form transmitted to the appropriate board of elections. The state board of elections shall, together with representatives of the department of defense, develop and implement procedures for including recruitment offices of the armed forces of the United States as voter registration offices when such offices are so designated by federal law. The state board shall also make request of the United States Immigration and Naturalization Service to include applications for registration by mail with any materials which are given to new citizens. All institutions of the state university of New York and the city university of New York, shall, at the beginning of the school year, and again in January of a year in which the president of the United States is to be elected, provide an application for registration to each student in each such institution. The state board of elections may, by regulation, grant a waiver from any or all of the requirements of this section to any office or program of an agency, if it determines that it is not feasible for such office or program to administer such requirement.

§ 2. Subdivision 1 of section 548-e of the executive law, as added by chapter 657 of the laws of 1990, is amended to read as follows:

1. Establishment. A neighborhood based initiatives oversight committee shall be established to oversee the implementation of the provisions of this article and shall consist of representatives of the following agencies or their designees, with the commissioner of the department or his or her designee serving as chairperson: the state advocate for the disabled; the director of the office for the aging; the director of the division of alcoholism and alcohol abuse; the executive director of the council on children and families; the chancellor of the city university of New York; the executive director of the developmental disabilities action planning council; the director of the budget; the commissioner of economic development; the commissioner of education; the commissioner of health; the commissioner of housing and community renewal; the commissioner of labor; the commissioner of mental health; the commissioner of [mental retardation and] the office for people with developmental disabilities; the commissioner of parks, recreation and historic preservation; the chancellor of the state university of New York; the director of the division of substance abuse services; the director of the division for youth; the director of the division for women; and the department of audit and control.

§ 3. Subdivisions 1 and 2 of section 702 of the executive law, as added by chapter 551 of the laws of 2002, are amended to read as follows:

1. The most integrated setting coordinating council is hereby created within the executive department to have and exercise the functions, powers and duties provided by the provisions of this article and any

A. 6174 3

other provision of law. The council shall be comprised of the commissioners of: the department of health, the office [of mental retardation and] for people with developmental disabilities, the office of mental health, the department of transportation, the office of children and family services, the office of alcohol and substance abuse services, the department of education, and the division of housing and community renewal. In addition, the council shall consist of the director of the office for the aging, a representative from the office of the advocate for persons with disabilities, a representative from the commission on quality of care for the mentally disabled, three consumers of services for individuals with disabilities, one to be appointed by the governor, one to be appointed by the temporary president of the senate, and one to be appointed by the speaker of the assembly, three individuals with expertise in the field of community services for people of all ages with disabilities, one to be appointed by the governor, one to be appointed by the temporary president of the senate, and one to be appointed by the speaker of the assembly, and three individuals with expertise in or recipients of services available to senior citizens with disabilities, one to be appointed by the governor, one to be appointed by the temporary president of the senate, and one to be appointed by the speaker of the assembly.

2. The commissioners of the department of health, the office of mental health, the office [of mental retardation and] for people with developmental disabilities, and the director of the office for the aging shall rotate as chairperson of the council on a quarterly basis.

§ 4. Section 179-aa of the state finance law, as amended by chapter 292 of the laws of 2007, is amended to read as follows:

§ 179-aa. Advisory committee. There is hereby established a not-forprofit contracting advisory committee. The advisory committee shall consist of sixteen members which shall include eight appointed members, four to be appointed by the governor who shall be representatives of not-for-profit organizations providing services in the state, and two each to be appointed by the governor upon recommendation of the temporary president of the senate and speaker of the assembly, and eight ex officio members of the committee, one each designated from the division of the budget, the department of law, the office of the state comptroller, and the education department. The governor shall also designate four members from among the following agencies: the department of state, the office of children and family services, the office of temporary and disability assistance, the department of health, the office of mental hygiene, the office [of mental retardation and] for people with developmental disabilities, and the department of labor. The governor shall designate an appointee to serve as chair of the committee. The advisory committee shall meet at least quarterly and upon its own initiative may: comment and report on the implementation and operation of the not-forprofit short-term revolving loan fund; advise the governor, comptroller and state agencies on the implementation and operation of this article; evaluate the benefits of requiring all state agencies to use standard contract language and the extent to which standard language may be effectively included in contracts with not-for-profit organizations; review annually the report of the office of the state comptroller made pursuant to section one hundred seventy-nine-bb of this article; and propose any legislation they deem necessary to improve the fund and this article. The committee shall report to the governor and the legislature with recommendations on improving the contracting procedures with notfor-profit organizations which receive state funds through the interme-

A. 6174 4

diary of municipalities. Such reports shall be due annually not later than December first.

§ 5. Subdivision 1 of section 73-d of the transportation law, as amended by chapter 562 of the laws of 1987, is amended to read as follows:

1. There is hereby created a committee to be known as the "interagency coordinating committee on rural public transportation", to be comprised of nineteen members. The commissioner or his or her designee shall serve as chairperson. Twelve of such members shall be the following or his or her duly designated representative: the director of the office for the aging; the commissioner of education; the commissioner of labor; the commissioner of health; the commissioner of the office of mental health; the commissioner of the office [of mental retardation and] for people with developmental disabilities; the commissioner of social services; state advocate for the disabled; secretary of state; commissioner of agriculture and markets; the director of the office of rural affairs and the director of the division for youth. Six additional members, all of whom shall be transportation providers or consumers representing rural counties shall be appointed to serve a term of three years as follows: two by the president pro-tempore of the senate, two by the speaker of the assembly, one by the minority leader of the senate, and one by the minority leader of the assembly. Efforts shall be made to provide a broad representation of consumers and providers of transportation services in rural counties when making such appointments. Members of the committee shall receive no salary.

The commissioner shall cause the department to provide staff assistance necessary for the efficient and effective operation of the committee.

§ 6. The undesignated paragraph of paragraph (b) of subdivision 2 of section 1676 of the public authorities law, as added by chapter 281 of the laws of 1988, is amended to read as follows:

The Devereux Foundation for the financing, construction and equipping of facilities subject to the approval of the commissioner of education, the commissioner of social services and the commissioner of the office [of mental retardation and] for people with developmental disabilities for a residential and educational program for children with handicapping conditions, as such term is defined in subdivision one of section forty-four hundred one of the education law, including, but not limited to, those students who were publicly placed at the Rhinebeck Country School during the nineteen hundred eighty-six--eighty-seven school year and in furtherance of the state's overall goal of reducing the number of children with handicapping conditions requiring out-of-state placements: nothing in the foregoing shall be deemed to authorize The Devereux Foundation to apply any funds or credit obtained pursuant to this section toward the financing, construction or equipping of facilities on any other property or properties it presently owns or controls or owns or controls in the future.

§ 7. The undesignated paragraph of paragraph (b) of subdivision 2 of section 1676 of the public authorities law, as amended by chapter 299 of the laws of 2017, is amended to read as follows:

Not-for-profit members of InterAgency Council of [Mental Retardation and] Developmental Disabilities Agencies, Inc., for the acquisition, financing, refinancing, construction, reconstruction, renovation, development, improvement, expansion and equipping of certain educational, administrative, clinical, day program and residential facilities to be located in the state of New York.

A. 6174 5

§ 8. The undesignated paragraph of subdivision 1 of section 1680 of the public authorities law, as added by chapter 281 of the laws of 1988, is amended to read as follows:

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

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