Assembly Speaker Sheldon Silver and Assembly Minority Leader Brian Kolb announced the passage of the Assembly's expansive and comprehensive legislative package to better protect individuals with disabilities from discrimination, increase accessibility to necessary services and improve their quality of life under New York State law. The legislative agenda was taken up in honor of the Assembly's annual observance of Legislative Disabilities Awareness Day.

"The approval of these legislative measures will help remove unnecessary and discriminatory barriers that prevent many people with disabilities from living the fulfilling, self-sufficient lives they deserve," Silver said. "Bringing attention to the needs of New York's disability community is a priority that reaches across both sides of the aisle, and I sincerely commend my Assembly colleagues for taking action to ensure that all New Yorkers are treated equally and with great respect."

Kolb said, "I am honored to take part in this annual event which recognizes the accomplishments of people with disabilities and their advocates, while increasing awareness of the hurdles those with disabilities face daily. Most importantly, Legislative Disabilities Awareness Day is an opportunity to learn more about the major issues affecting New York's disability community and how we as legislators can champion these issues to provide a better quality of life."

Protecting the Rights of People with Disabilities

The Disabilities Awareness Day legislative package contains a bill sponsored by Assemblywoman Amy Paulin that would amend the state's Human Rights Law to clarify the definition of a place of public accommodation, resort or amusement to include state-and locally-owned government facilities in order to further protect the rights of individuals with disabilities (A.2070).

The legislation states that as long as it is determined that a proposed accommodation poses no undue burden on state or local governments, the state or municipal government would be required to remove certain barriers currently limiting access to transportation or government services and buildings for individuals with disabilities.

Additionally, the Disabilities Awareness Day legislative package includes a bill to establish an advocacy program for individuals with developmental disabilities who receive services through managed care organizations. The advocacy program would: advise individuals on applicable rights and responsibilities; provide information, referrals and technical assistance; and pursue legal, administrative and other appropriate remedies to ensure the protection of the rights of the enrollees (A.6962/Gunther).

To ensure the elimination of discriminatory practices against individuals with disabilities, other measures are included in the package that would:

• require that sign language interpreters be made available at the request of individuals with hearing impairments at public hearings and meetings (A.2826/Wright);
• waive the state's sovereign immunity in regards to application of the Americans with Disabilities Act of 1990, the Age Discrimination in Employment Act of 1967, the Fair Labor Standards Act of 1938 and the Family and Medical Leave Act of 1993 as they apply to the protection of state employees (A.828/Lifton); and
• make it a discriminatory practice to deny access or discriminate against a person with a disability because they are accompanied by a dog that has been trained to perform tasks for their benefit. This legislation would also make it a discriminatory housing practice to refuse to make reasonable accommodations, including allowing the use of an animal to alleviate symptoms or effects of a disability (A.5788/Benedetto).

Task Force on People with Disabilities Chair Michael Miller said, "As elected officials we have a duty to protect the freedoms and rights of all individuals. This is especially true when it comes to eliminating discriminatory practices against individuals with disabilities. To deny or inhibit access to the same services most New Yorkers without a disability take for granted is simply wrong. This legislative package ensures that people with disabilities have the tools necessary to succeed, whether it is at work, at home or in the community."

Mental Health Committee Chair Aileen Gunther said, "This legislative package promotes a basic tenet of New York State's governance and constitution - equality and fair treatment for all its citizens, without exceptions. These measures will allow the many hardworking New Yorkers living with disabilities to lead the fulfilling lives they are capable of, while at the same time improving their overall quality of life and wellbeing. It has been an honor to work alongside the supporters, legislators and advocates of this significant cause."

Ranking Minority Member of the Committee on Mental Health Steve Katz said, "The annual Legislative Disabilities Awareness Day continues to be an excellent opportunity to recognize and celebrate the accomplishments of people with disabilities and their advocates. I am amazed at the passion exhibited by the participants at this event, they are a reminder that we must continue to ensure that people with disabilities are represented and recognized year round."

Ensuring access to housing and transportation

Acting on the need to provide individuals with disabilities accessible housing and transportation, the legislative package includes bills that would:

• allow tenants with conditions causing limited mobility a preference in occupying a vacant housing unit on a lower floor within the same building operated by the New York City Housing Authority (A.1742/Titus); and
• create the MTA Riders' Council for People with Disabilities to study, investigate, monitor and make recommendations with respect to the accommodations of the needs and convenience for riders with disabilities. The bill would also add an additional non-voting member to the MTA Board appointed by the Governor upon the recommendation of the Council (A.945/Kellner).

Making voting easier for New Yorkers with disabilities, protecting disabled veterans

The Assembly's Legislative Disabilities Awareness agenda also addresses ways to make voting easier and provide further protections for disabled veterans in New York State. Specifically, these measures would:

• enable blind and visually impaired registered voters to request Braille or large-print absentee ballots for all elections administered under Election and Education Law to be sent to their homes. Additionally, the initiative would allow these ballots to be used in Education Law election polling places until the newer voting machines are fully implemented (A.6195-A/Cusick); and
• establish the New York State Interagency Coordinating Council for Service-Disabled Veterans to identify the needs and services that service-disabled veterans require, define the powers and responsibilities of the council and require an annual report (A.6213-A/Ramos).

Keeping New Yorkers with disabilities safe in emergency situations

Lastly, the legislative package includes two measures to ensure New Yorkers with disabilities are safe in the event of an emergency. These bills would:

• require every high-rise building owner to establish and maintain an emergency evacuation plan for disabled occupants and visitors and ensure these building owners maintain and update their emergency plan as needed. In addition, this legislation would make sure the emergency plan is readily available to emergency personnel (A.6445/Cusick); and
• require counties to maintain confidential registries of people of all ages with disabilities who may need evacuation assistance and shelter during a disaster situation. Provisions in the bill make inclusion on the list voluntary (A.6432/Cusick).