STATE OF NEW YORK ________________________________________________________________________ 8288 IN SENATE February 9, 2022 ___________ Introduced by Sen. SKOUFIS -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the executive law, in relation to establishing the chief disability officer; and to repeal article 19-E of the executive law relating to the office of the advocate for people with developmental disabilities The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Article 19-E of the executive law, as added by a chapter of 2 the laws of 2021 amending the executive law relating to establishing the 3 office of the advocate for people with disabilities, as proposed in 4 legislative bills numbers S. 1836 and A. 3130, is REPEALED. 5 § 2. The executive law is amended by adding a new section 4-b to read 6 as follows: 7 § 4-b. Chief disability officer. 1. Persons with disabilities 8 comprise a major segment of the state of New York's population and their 9 particular needs and concerns must be considered as an integral part of 10 the planning and implementation of all state programs and services 11 affecting their lives and well-being. The office of the chief disability 12 officer shall advocate on behalf of persons with disabilities and ensure 13 that persons with disabilities are afforded the opportunity to exercise 14 all of the rights and responsibilities accorded to citizens of this 15 state. 16 2. For purposes of this article: 17 (a) "Persons with disabilities" shall mean any person who has a disa- 18 bility as defined in subdivision twenty-one of section two hundred nine- 19 ty-two of this chapter. 20 (b) "State agency" or "state agencies" shall mean any state depart- 21 ment, board, bureau, division, commission, committee, public authority, 22 public corporation, council, office or other governmental entity 23 performing a governmental or proprietary function for the state, except 24 the judiciary or the state legislature. 25 3. (a) The governor shall appoint a chief disability officer. The 26 chief disability officer shall advise and assist state agencies in EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04452-02-2

S. 8288 2 1 developing policies designed to help meet the needs of persons with 2 disabilities. The chief disability officer shall be appointed by the 3 governor and receive a salary to be fixed by the governor within the 4 amounts appropriated therefor. 5 (b) The chief disability officer shall: (i) be the state's coordinator 6 for the implementation of the Americans with Disabilities Act; (ii) 7 coordinate state activities to ensure that state programs do not 8 discriminate against and are accessible to persons with disabilities; 9 (iii) ensure that such programs provide services to individuals with 10 disabilities in the most integrated setting appropriate to their needs; 11 and (iv) work with state agencies to develop legislation and potential 12 regulatory changes to help effectuate the duties and responsibilities 13 required in this article, and any other changes that may significantly 14 affect the lives of persons with disabilities in the state. 15 (c) The chief disability officer shall, to the extent practicable, 16 review and report to the governor upon proposed legislation and regu- 17 lations. The chief disability officer shall submit comments, where 18 appropriate, to the state agency which referred such proposed legis- 19 lation and regulations evaluating: (i) the impact of the proposed legis- 20 lation or regulation upon persons with disabilities; (ii) the relation- 21 ship and impact of such proposed legislation or regulation on existing 22 programs affecting persons with disabilities; and (iii) any modifica- 23 tions that would help persons with disabilities or aid in the implemen- 24 tation of the new proposal. All state agencies shall cooperate with the 25 chief disability officer to ensure that the chief disability officer is 26 able to fulfill the requirements under this section. 27 § 3. Subdivisions 1 and 2 of section 702 of the executive law, as 28 amended by a chapter of the laws of 2021 amending the executive law 29 relating to establishing the office of the advocate for people with 30 disabilities, as proposed in legislative bills numbers S. 1836 and A. 31 3130, are amended to read as follows: 32 1. The most integrated setting coordinating council is hereby created 33 within the executive department to have and exercise the functions, 34 powers and duties provided by the provisions of this article and any 35 other provision of law. The council shall be comprised of the commis- 36 sioners of: the department of health, the office for people with devel- 37 opmental disabilities, the office of mental health, the department of 38 transportation, the office of children and family services, the office 39 of addiction services and supports, the department of education, and the 40 division of housing and community renewal. In addition, the council 41 shall consist of the director of the office for the aging, the [~~director~~ 42 ~~of the office of the advocate for people with disabilities~~] chief disa- 43 bility officer, three consumers of services for individuals with disa- 44 bilities, one to be appointed by the governor, one to be appointed by 45 the temporary president of the senate, and one to be appointed by the 46 speaker of the assembly, three individuals with expertise in the field 47 of community services for people of all ages with disabilities, one to 48 be appointed by the governor, one to be appointed by the temporary pres- 49 ident of the senate, and one to be appointed by the speaker of the 50 assembly, and three individuals with expertise in or recipients of 51 services available to senior citizens with disabilities, one to be 52 appointed by the governor, one to be appointed by the temporary presi- 53 dent of the senate, and one to be appointed by the speaker of the assem- 54 bly.

S. 8288 3 1 2. The [~~director of the office of the advocate for people with disa-~~ 2 ~~bilities~~] chief disability officer shall serve as chairperson of the 3 council. 4 § 4. This act shall take effect on the same date and in the same 5 manner as a chapter of the laws of 2021 amending the executive law 6 relating to establishing the office of the advocate for people with 7 disabilities, as proposed in legislative bills numbers S. 1836 and A. 8 3130, takes effect.

Establishes the chief disability officer; repealer

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