The New York State Assembly
Legislative Disabilities
Awareness Day
Wednesday
May 17, 2006
Albany, New York
8:30 am – 2:45 pm
Co-Hosted By:
Speaker Sheldon Silver

Assemblymember Amy Paulin, Chair
The Task Force on People with Disabilities

Assemblymember Peter M. Rivera, Chair
The Committee on Mental Health, Mental Retardation and
Developmental Disabilities




The New York State Assembly
Legislative Disabilities Awareness Day

Schedule of Events

8:30 am – 9:30 am — Continental Breakfast — Well of LOB

9:30 am — Opening Ceremony — Well of LOB
Opening Remarks will be made by:
Speaker Sheldon Silver
Assemblymember Amy Paulin
Assemblymember Peter Rivera

Presentation of “Dr. Henry Viscardi, Jr.” Advocacy Award to:
Robert Davies, CEO, Disability Access 4 Me, LLC

9:30 am – 2:00 pm — Art Exhibit
Hallway between LOB and Concourse

9:30 am – 2:00 pm — Exhibitor Fair
Well of LOB and the Third Floor Terrace of LOB

To Be Announced — Assembly Session — Assembly Chamber, Capitol

12:00 pm – 1:00 pm — Luncheon — Well of LOB

1:00 pm – 2:45 pm — Seminars — Hearing Rooms B and C of LOB

Wednesday, May 17, 2005




Seminar Descriptions

1:00 pm to 1:45 pm

Hearing Room B

Seminar One
“Navigating the Medicare Part D
Benefit and Wrap-around Coverage”

Presenters: Karen Lipson, Attorney, Manatt, Phelps & Phillips, LLP
Andrea Cohen, Attorney, Manatt, Phelps & Phillips, LLP

This presentation will describe federal and state policies that can help Medicare beneficiaries to maximize their access to prescription drugs through Part D and through state-subsidized "wrap-around" coverage. The presenters will discuss ways to advocate effectively with Part D plans to secure coverage for drugs through the appeals and exception processes. They will also provide an update on the status of state wrap-around coverage in New York's Medicaid, EPIC and ADAP programs and a description of the process for securing wrap-around coverage in each of these programs.

The presentation will conclude with a discussion of the need to expand wraparound coverage by providing people with disabilities under age 65 with access to New York's EPIC program.


1:00 pm to 1:45 pm

Hearing Room C

Seminar Two
“Housing for People with Disabilities”

Presenter: Rob Davies, Founder, Disability Access 4 Me, LLC

This session will explore a variety of housing options for persons with disabilities including group living situations, supportive housing, family care, home ownership, family initiated housing, trust-funded housing, shared housing, assisted living, supportive apartments, apartments, condos and co-ops. Furthermore, the use of rental subsidies, public housing authorities and state and local housing assistance programs will also be mentioned.


2:00 pm to 2:45 pm

Hearing Room B

Seminar Three
“The Criminal Justice System’s Interaction
with People with Mental Health Issues”

Presenter: Robert Corliss, Associate Director for Criminal Justice, NAMI-New York State

This seminar will focus on some of the major problems which occur when a person with a mental illness encounters the criminal justice system, as well as some of the initiatives which are being undertaken in this state and elsewhere to improve the criminal justice system’s ability to deal with persons with a mental illness. In particular, it will focus on police department crisis intervention teams such as we have now in Rochester and Troy which enable specially trained officers to respond to calls for service involving emotionally disturbed persons and persons with a mental illness who are in crisis. The presenter will also discuss mental health treatment courts -- usually referred to simply as treatment courts -- which are operational in five jurisdictions in the state and in the developmental stages in another four to five localities. These courts operate much like drug courts and provide treatment program alternatives to jail and prison -- with the possibility that the original criminal charges will be dismissed or reduced if a person completes the necessary treatment program.


2:00 pm to 2:45 pm

Hearing Room C

Seminar Four
“Implementing Election Reform
in our Local Communities”

Presenter: Brad Williams, Executive Director, New York State Independent Living Council

The purpose of this breakout session is to make attendees familiar with important resources available to advocates so they can use them to educate election officials and help facilitate HAVA implementation at the local level. Some of the resources will include:

  • US DOJ/ADA Checklist for Polling Places,
  • United Spinal Association/Disability Etiquette, and
  • NYSILC/Voting Discrimination Complaint Report.



NYS Seal
NEW YORK STATE ASSEMBLY


May 17, 2006


Dear Advocates:

Please accept my sincere greetings as you assemble for the New York State Assembly Legislative Disabilities Awareness Day.

I am honored to join with Assemblymember Amy Paulin, the Chair of the Task Force on People with Disabilities, and Assemblyman Peter Rivera, the Chair of the Committee on Mental Health, Mental Retardation and Developmental Disabilities, in welcoming you to this annual gathering. Never forget that the Legislature works for you. That is why your presence here today is so important – to make your views known.

Today is a day to highlight the accomplishments of persons with disabilities and advocates and to focus on those issues that must be addressed in order to provide New Yorkers with the dignity and respect they deserve. The comprehensive legislative package we are set to pass is the next step on this road, a step that advocates and legislators alike can be very proud of.

With hard work and diligence today and throughout the legislative session, I am confident we can work together to build on past successes and make 2006 the year we achieve final passage on important legislation that will address the critical needs of persons with disabilities. Everyone gathered here today can be extremely proud of their tireless and dedicated efforts and of the important role they play in the legislative process, a true sign of democracy in action.

I also want to take this opportunity to acknowledge the outstanding work of Kim Hill, the Executive Director of the Task Force on People with Disabilities. With her work on Legislative Disabilities Awareness Day and, indeed, throughout the year, Kim has established herself as an authority on the issues that are important to New Yorkers with disabilities. We in the Assembly are proud to have her on staff.

Again, thank you for making the trip to Albany. I wish you a successful day of lobbying and look forward to continuing our work together.

Sincerely,
Speaker Sheldon Silver's Signature
SHELDON SILVER
Speaker




Assembly Task Force on People with Disabilities
Assemblymember
Amy R. Paulin, Chair
May 17, 2005
Kimberly T. Hill, Director
Agency Building 4, 13th Floor
Empire State Plaza
Albany, NY 12248
(518) 455-4592

Dear Friends:

I am thrilled to welcome you to the 2006 New York State Assembly Legislative Disabilities Awareness Day (LDAD), cosponsored by the Speaker, the Task Force on People with Disabilities and the Committee on Mental Health, Mental Retardation and Developmental Disabilities. I truly appreciate the time and effort of every person who has taken time out of their busy schedules to participate in LDAD events today.

In particular, I would like to thank each and every exhibitor and seminar presenter who has helped make today such a success. I highly recommend that all LDAD attendees visit the exhibitor booths and attend the seminars because we have made tremendous efforts to ensure that a wealth of information on a variety of disability-related issues, services, programs and technologies will be available.

In addition, I would like to offer my respect and appreciation to all of the disability advocates who have spent a great deal of their time assisting us in creating and fighting for the legislative package, which is further described in later pages of this program, that will be presented on the floor of the Assembly today. Without their critical input, developing a comprehensive agenda aimed at improving the lives of people with disabilities would be impossible.

Furthermore, I would like to congratulate Rob Davies, the second recipient of the annual Legislative Disabilities Awareness Day “Dr. Henry Viscardi, Jr.” Advocacy Award, which was created last year in honor of the late Dr. Henry Viscardi, Jr. for his lifelong commitment to advocacy on behalf of people with disabilities. Rob’s dedication and steadfastness are, without a doubt, one of the disability community’s greatest assets.

Thank you again for joining us at the 2006 Legislative Disabilities Awareness Day. We have many exciting and informative events planned for you today, so enjoy your day here in Albany.

Sincerely,
Assemblywoman Amy Paulin's Signature
Amy Paulin, Chair
New York State Assembly
Task Force on People with Disabilities




NYS Seal
PETER M. RIVERA
Assemblyman 76TH District
Bronx County

DISTRICT OFFICE:
1262 Castle Hill Ave.
Bronx, NY 10462
(718) 931-2620

ALBANY OFFICE:
Room 826
Legislative Office Building
Albany, New York 12248
(518) 455-5102

THE ASSEMBLY
STATE OF NEW YORK
ALBANY

CHAIR
Mental Health, Mental Retardation and Developmental Disabilities

CHAIR
NYS Assembly Puerto Rican/Hispanic Task Force

COMMITTEES
Agriculture
Consumer Affairs and Protection
Judiciary
Rules

May 17, 2005

“Never doubt that a small group of knowledgeable and committed citizens can
change the world. Indeed, it’s the only thing that has.”
- Margaret Meade

Dear Fellow New Yorkers:

As chair of the New York State Assembly Standing Committee on Mental Health, Mental Retardation, and Developmental Disabilities, it gives me great pleasure to welcome you to the 2006 Assembly’s Legislative Disabilities Awareness Day. It is my sincere hope that this event will increase awareness of issues facing people with disabilities, their needs and contributions.

Legislative Disabilities Awareness Day provides an opportunity to educate legislators and their staffs on important issues while also striving to highlight the accomplishments of advocates and persons with disabilities. In addition, the event will provide a forum on the latest services, programs, and technology available for people with disabilities.

It is strong and determined individuals, such as yourselves, that enable us to work to empower the disability community. We must continue to work together, with diligence, to improve the quality of life for all New Yorkers in the Empire State.

I applaud those individuals, organizations, and conference participants who make this event possible. Your presence is crucial to the success of this day. I look forward to working with Assemblywoman Amy Paulin, Chair of the Task Force on People with Disabilities, and the Assembly Majority on issues that you care about deeply.

Yours truly,
Assemblyman Peter M. Rivera's Signature
Peter M. Rivera, Chair
Committee on Mental Health, Mental Retardation and
Developmental Disabilities




2005 Disabilities Awareness Day
Legislative Package Summary


The following are brief descriptions of the measures to be presented on the floor of the Assembly as part of our Legislative Disabilities Awareness Day package.*

*subject to change

NYS Seal A.1852 (Koon)

TITLE OF BILL: An act to amend the election law and the education law, in relation to making ballots available in Braille and large-print.

PURPOSE: To allow blind and visually impaired individuals access to ballots printed in Braille and large-print.

JUSTIFICATION: It is important that people who are blind or visually impaired have equal access to ballots in the voting process. While it is not the intent of this measure to replace the critical need for fully accessible voting machines for all people with disabilities, there are some individuals who either need or wish to vote by absentee ballot.

This act will enable blind and visually impaired persons to request Braille or large-print absentee ballots to be sent to their homes, or such persons can request that accessible ballots be available at their polling places. Currently, blind or visually impaired people must have someone assist them when filling out absentee ballots because they are simply not produced in accessible formats. This situation eliminates the rights of blind or visually impaired people to vote independently, and it forces such individuals to trust that the person assisting them will vote according to their wishes.


NYS Seal A.2159 (Lifton)

TITLE OF BILL: An act to amend the civil rights law, in relation to waiving the state’s sovereign immunity to claims under the Americans with Disabilities Act of 1990.

PURPOSE: This bill waives the state’s sovereign immunity with regard to application of the Americans with Disabilities Act of 1990 as it applies to the protection of state employees.

JUSTIFICATION: On February 22, 2001, the US Supreme Court ruled in Board of Trustees v. Garrett that in the enactment of the ADA, US Congress has exceeded its power to authorize lawsuits by residents against their own states under the 11th Amendment. However, the ruling allows states to opt to hold themselves to the standards that were originally set out by the ADA, prior to that decision by waiving their sovereign immunity and thereby permitting actions in state courts. This ruling effectively took away the protection for state workers under the ADA while upholding the same protection for privately employed individuals, creating a disparity. This bill will ensure that all employees, including those employed by the state, have the same protections under the ADA as they have had since 1990.


NYS Seal A.5737 (Cahill)

TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to off street parking for the handicapped at retail stores.

PURPOSE: To provide convenient handicapped parking at shopping facilities.

JUSTIFICATION: Chapter 203 of the Laws of 1981 mandated that shopping centers and facilities with at least five retail stores and twenty off-street parking spaces provide designated handicapped parking spaces for their customers with disabilities.

While this measure was a major step forward in recognizing the right of drivers with disabilities in New York State to be accommodated with convenient access to retail stores, it’s become clear that there are still many small shopping centers which aren’t covered by this law and which can’t be legally required to provide handicapped parking spaces.

This bill would help correct this problem by requiring that all shopping centers and facilities with at least three stores and twenty off-street parking spaces provide designated handicapped parking spaces. The number of stores would then be reduced to one within a two-year period, allowing significantly more handicapped parking spaces to be gradually phased in.


NYS Seal A.6328 (Cahill)

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 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 Americans with Disabilities Act and the current policies and practices of the Division of Human Rights.

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 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, 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.


NYS Seal A.7294 (Paulin)

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 public accommodations.

PURPOSE: To clarify the scope of protections against discrimination on the basis of disability under the New York State Human Rights Law in the area of public accommodations to be consistent with the federal Americans with Disabilities Act and the current policies and practices of the Division of Human Rights.

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. While the federal mandates were initially limited in scope to recipients of federal funds, the ADA has extended such requirements to a broad range of facilities and services which are private in nature but open to the public ("public accommodations"). In so doing, Congress has required operators of places of public accommodation (Title III of ADA) to refrain not only from discriminatory actions, but also to undertake reasonable modifications in policies, procedures or practices, provide auxiliary aids and services, and remove certain architectural, communication and transportation barriers which prevent people with disabilities from utilizing public accommodations on an equitable basis, where such removal is "readily achievable."

Such requirements are consistent with the long standing policies of the New York State Division of Human Rights which have been upheld by state courts. While the Human Rights Law does not, for example, currently explicitly mandate the removal of architectural barriers, the Appellate Division has upheld the authority of the Commissioner of Human Rights to order the operator of an inaccessible facility to maintain a ramp and not merely refrain from engaging in discriminatory behavior. STATE DIVISION OF HUMAN RIGHTS V. CROSS AND BROWN, 83 A.D.2d 993, 443 N.Y.S.2d 671 (1st Dept. 1981) (affirming without opinion an order of the State Human Rights Commission)

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 area of public accommodations.


NYS Seal A.7337 (Paulin)

TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to providing that access aisles of handicapped accessible parking spaces have to be at least eight feet wide.

PURPOSE: To ensure that access aisles of handicapped parking spaces are wide enough for people with disabilities to enter and exit their vehicles.

JUSTIFICATION: Access aisles that lie adjacent to handicapped accessible parking spaces are there for the purpose of allowing disabled persons, many times wheelchair users, to get into and out of their vehicles. Often times, these vehicles have ramps or lifts that extend quite a ways out the side door of the vehicle.

Eight feet is just enough space to allow wheelchair users to open the side door of their vehicles, extend the lift or ramp, and still have enough room to get off of the lift platform or ramp and turn. Any less amount of space than eight feet in width might not allow wheelchair users to maneuver between their vehicle and the vehicle parked next to theirs.

This bill is intended to reaffirm and place in state statute the current size requirements of access aisles listed under the New York State Uniform Fire Prevention and Building Code. It is important to protect the eight-foot width obligation in state law because building code requirements change periodically, and current Americans with Disabilities Act requirements call for a majority of access aisles to be only five feet wide.


NYS Seal A.7338 (Paulin)

TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to requiring access aisles of handicapped parking spaces to be marked with "No Parking Anytime" signs.

PURPOSE: To prevent people from parking in the access aisles of handicapped parking spaces by further identifying access aisles with signs that are distinctly different from the signs that are currently required to be posted to identify handicapped accessible parking spaces.

JUSTIFICATION: Currently, many drivers, both disabled and able-bodied, use the access aisles that lie adjacent to handicapped accessible parking spaces as additional parking spaces. Often times these access aisles have no signage designating them as a no parking zone, and when disabled drivers who have properly parked in a handicapped parking space return to their vehicles, they find that they cannot get into their vehicle because someone has blocked the entrance by parking in the access aisle.

Adding signage that clearly identifies the access aisles will deter drivers who do not realize what these spaces are reserved for. In addition, it will provide for an enforcement mechanism for those who choose to park in the newly designated "No Parking Anytime" zones.

We need to ensure that people with disabilities who need to utilize the access aisles are not left unable to get into their vehicles because someone has carelessly parked in the area reserved for entering and exiting a car or van.

This bill is intended to reaffirm and place in state statute the current requirements for signage of access aisles listed under the New York State Uniform Fire Prevention and Building Code. It is important to protect the signage obligation in state law because building code requirements change periodically. The requirements for this signage mirror those existing for handicapped parking spaces under the New York State Uniform Fire Prevention and Building Code.


NYS Seal A.7339 (Paulin)

TITLE OF BILL: An act to amend the election law, in relation to polling places being situated on a public transportation route.

PURPOSE: To ensure, whenever feasible, that polling places be designated on a line of public transportation to enable individuals, particularly those with physical disabilities who do not have their own transportation to get to and from their polling places.

JUSTIFICATION: The intent of this measure is to increase voter participation for those individuals without their own transportation, particularly for individuals who do not have transportation to vote or need parking currently not available at existing polling sites. The populations that would most benefit from this requirement include people with physical disabilities, senior citizens and low-income individuals. This initiative is one way that New York State can ensure that every person who desires to vote is indeed able to do so.


NYS Seal A.7867 (Paulin)

TITLE OF BILL: An act to amend the public housing law, in relation to requiring any program or activity relating to housing which receives federal financial assistance to comply with the Federal Rehabilitation Act of 1973.

PURPOSE: To ensure that housing protections offered to people with disabilities under Section 504 of the Federal Rehabilitation Act are also offered, and therefore enforceable, on the state level as well.

JUSTIFICATION: New York’s disability advocates have identified a lack of enforcement of Section 504 of the Federal Rehabilitation Act in New York State. Specifically, advocates have noted that some single and multi-family projects that have received federal monies through the New York State Division of Housing and Community Renewal (DHCR), local participating jurisdictions and the Housing Finance Agency (HFA) are not in compliance with Section 504. Even in circumstances where these federally-funded projects have been in architectural compliance, developers who have accepted federal funds have not marketed the accessible units to eligible individuals with disabilities.

Some funding agencies have asserted that compliance with the state building code is sufficient to demonstrate compliance with Section 504. However, because these codes provide architectural standards and do not contain the set aside and marketing requirements of Section 504, adherence to these codes does not equate to compliance with the regulatory provisions of Section 504. Legislation to incorporate Section 504 into state law would greatly assist in the enforcement of these provisions in New York State. The incorporation of Section 504 and the clarification of enforcement responsibility in state law would assist individuals with disabilities in obtaining accessible housing by ensuring that accessible units are built and are occupied by those who need them.


NYS Seal A.7868 (Paulin)

TITLE OF BILL: An act to amend the public housing law, in relation to establishing a centralized statewide registry of accessible or adaptable housing for people with disabilities to be known as "Access-New York."

PURPOSE: To enact a New York State housing registry containing up-to-date information regarding accessible housing statewide for people with disabilities.

JUSTIFICATION: In recent years, a social demand has called upon legislators to help relieve the burdens of finding accessible housing for people with disabilities. Locating housing that meets the needs of people with disabilities is a challenging task because many people with disabilities face a twofold problem. Many live on a fixed income, and cannot afford the high cost of housing, so they are very limited to the few units that are both inexpensive and accessible.

A statewide accessible housing registry in New York State would help correct the issue of locating suitable housing for people with disabilities. The registry would allow for people with disabilities to search for housing that suits their accessibility needs and income levels. It should be noted that, while mandatory, this program entails no enforcement mechanism that would be imposed on covered owners for non-compliance. The housing registry will provide free advertising and marketing to covered owners and allow them to maximize their units for rent or sale with notoriously long-term tenants.

This registry would be able to be accessed through both a website and a toll-free number. This bill calls for owners and operators to submit information regarding all housing that is accessible or adaptable to the Access-New York housing registry.

Information that must be submitted includes, but is not limited to, the following: location, rent levels or purchase price, projects receiving local, state or federal government assistance, whether or not the covered owner accepts subsidies such as Section 8, public assistance and/or local or municipal housing subsidies, the number of bedrooms, development amenities, neighborhood features, including whether or not such unit is on a line of public transportation, year of construction, particular accessible or adaptable features to assist persons who are deaf, hard of hearing, blind or visually impaired, other particular accessible or adaptable features, vacancy status, waiting list status, contact information, including covered owner’s name, mailing address, phone number, fax number, e-mail address, website and TTY phone number and any occupancy restrictions that apply to the unit.

This measure requires tenants who plan to vacate a unit to notify the owner or operator and Access-New York at least thirty days in advance, who in turn must again notify the registry once the unit has become vacant within three business days. Additionally, this measure requires the Commissioner of DHCR and the Secretary of State to market Access-New York to relevant organizations.

This bill also establishes a special advisory panel to assist DHCR in the facilitation of the development and management of Access-New York. This advisory panel will issue an annual report to the Legislature on the progress of Access-New York.


NYS Seal A.8697 (Paulin)

TITLE OF BILL: An act to amend the real property tax law, in relation to exemptions on real property owned by persons with disabilities.

PURPOSE: The purpose of this bill is to provide relief from the burden of increasing real property taxes for persons with disabilities on limited incomes.

JUSTIFICATION: This proposal would greatly assist disabled New Yorkers with limited incomes confronted with the financial strain placed upon them by increasing real property tax rates. For many of these persons, especially those on fixed incomes, this burden is overwhelming. This bill would grant local governments the option to raise the income eligibility limit to qualify for the disabled real property tax exemption from the current $24,000 to $29,000 over a four year period.


NYS Seal A.9234 (Morelle)

TITLE OF BILL: An act to amend the education law, in relation to creating the state Interagency Council for Services to Persons who are Deaf, Deaf-Blind, or Hard of Hearing to promote a comprehensive service system for the deaf, deaf-blind, and hard of hearing population.

PURPOSE: Services for deaf, deaf-blind and hard of hearing persons are provided by many agencies of the state government and through funding from these agencies, by many private agencies and providers. This bill would establish an Interagency Council for Services to Persons Who are Deaf, Deaf-Blind, or Hard of Hearing under the administrative lead of the Education Department. The Council would coordinate the collection of information on population needs, engage in comprehensive strategic planning and prepare legislative and policy recommendations to the Governor, the Legislature and the Board of Regents.

JUSTIFICATION: This bill would significantly improve the delivery of services to individuals who are deaf, deaf-blind or hard of hearing. It would provide a discussion focus on the delivery of comprehensive services for medical, housing, transportation, technology supports, personal care, family supports and day programs for the deaf, deaf-blind and hard of hearing. Interagency discussion would result in an identification of the needs of the deaf, deaf-blind and hard of hearing communities and a more efficient matching of these needs to state resources. The establishment of a Council that includes persons who are deaf, deaf-blind or hard of hearing will do much to ensure that services for this population are responsive to the special needs of these groups.


NYS Seal A.9981 (Paulin)

TITLE OF BILL: An act to amend the public health law, in relation to authorizing the health department to develop regulations pertaining to hard of hearing hospital patients and others.

PURPOSE: To authorize the Department of Health (DOH) to develop regulations pertaining to deaf, deaf-blind and hard of hearing hospital patients, or patients of minor age whose parents or guardians are deaf, deaf-blind or hard of hearing.

JUSTIFICATION: People who are deaf, hard of hearing or deaf-blind encounter barriers to the use of routinely provided health and medical services that do not exist for hearing people. It is especially important for health professionals such as nurses, doctors, admission office personnel, social workers and pharmacists to realize that deaf people communicate in different ways depending on such factors as language skills, amount of residual hearing, speech reading skills and speech abilities. Hard of hearing patients need assistive listening devices. Deaf-blind patients need interpreter services appropriate to them.

The health and mental health needs of the deaf community are comparable to their hearing counterparts. However, barriers to communication, insensitivity to or lack of knowledge about deaf culture and limited training related to the unique needs of deaf people have resulted in a scarcity of effective health services for deaf people. Without special services tailored to the unique communication needs of deaf, hard of hearing and deaf-blind people, their medical and mental health needs will continue to be unmet. Health services must be completely accessible to deaf, hard of hearing and deaf-blind persons - socially, psychologically, and communicatively - in order for them to be comfortable enough to access health care. By providing necessary and appropriate means of communicating, the deaf community will have equal access to health care.


NYS Seal A.10005 (Paulin)

TITLE OF BILL: An act to amend the general business law, in relation to wheelchair warranties.

PURPOSE: To enact consumer protections for persons who purchase wheelchairs. Protections include warranties, replacement of defective equipment and quality standards.

JUSTIFICATION: Wheelchairs and their customized component parts are absolutely essential to the mobility of many persons with disabilities. They are also very expensive, costing as much as $8,000. Much of this equipment is subject to frequent breakdown and is often not covered by warranties or other basic consumer protections. Further, defective or broken wheelchairs often take extended periods of time to repair, leaving persons with disabilities without adequate means to fulfill their most basic transportation needs. When those costs are covered by programs such as Medicaid, it is government that must bear the significant expense attributable to shoddy workmanship. It is critical that basic consumer protections apply to this expensive and important equipment.


NYS Seal A.10361 (Paulin)

TITLE OF BILL: An act to amend the executive law, in relation to establishing and maintaining an emergency evacuation plan for individuals with disabilities.

PURPOSE: To ensure that there is an efficient emergency evacuation plan for people with disabilities who work or live in all high-rise buildings in New York State.

JUSTIFICATION: Since the tragedy of September 11th, awareness and education of high-rise building evacuation plans have been heightened, yet little is specified dealing with evacuating people with disabilities in the event of an emergency. Most people with disabilities, specifically those with mobility and/or sensory impairments, rely on elevators to exit a building, making independent evacuation during an emergency impossible for these individuals because elevator use is prohibited.

In the effort to create safer environments in the buildings most difficult to vacate, this bill requires every high-rise building owner to establish and maintain an emergency evacuation plan for disabled occupants and visitors of the building. Additionally, the building owner will be responsible for maintaining and updating the emergency evacuation plan for persons with disabilities as necessary and ensuring that such plan is readily available to emergency personnel.

To ensure compliance, a fine of $500 is imposed for any building owner who does not comply with the requirements set forth in this bill.


NYS Seal A.10563 (Paulin)

TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to providing certain persons with disabilities with a waiver for metered parking.

PURPOSE: To allow people with disabilities who are already entitled to a disabled person license plate or parking permit, and simply cannot operate a parting meter because of their lack of fine motor skills or inability to reach the meter, to obtain a metered parking waiver permit to park for free in metered parking spots.

JUSTIFICATION: Parking for people with certain physical disabilities is a challenge, especially in areas where street parking is largely monitored by parking meters. For drivers with certain fine motor control or dexterity limitations, or for those who cannot reach a parking meter because of their wheelchairs or other ambulatory devices, parking in metered parking spots can be impossible.

This bill, modeled after an existing law in the State of Michigan, will allow people with disabilities already entitled to a disabled person license plate or parking permit, who simply cannot operate a parking meter because of their inability to reach the meter or put payment into the tiny slots, to park for free in metered parking spots anywhere in New York State. In order to obtain permission to park for free in metered parking spots, interested persons will have to have a form from the Department of Motor Vehicles completed by their physician and submit such documentation to their same local government office that currently issues disabled person parking permits.

To limit abuse, there are several provisions in the bill. For instance, when utilizing the permission to park for free in metered parking spaces, the person with the qualifying disability must be the parked vehicle’s driver. When a person with a qualifying disability is traveling as a passenger, the driver of the vehicle can, and should, put payment into the meter. Violation of certain provisions in the bill may result in revocation of the permit or civil penalties.


NYS Seal A.10726 (Paulin)

TITLE OF BILL: An act to amend the social services law, in relation to investing savings into rental subsidies for persons in the Nursing Home Transition and Diversion waiver program.

PURPOSE: To create a housing rental subsidy from savings from the Nursing Home Transition and Diversion Waiver for people with disabilities who are diverted from entering nursing homes or for those who are leaving nursing homes.

JUSTIFICATION: With approval of the Nursing Home Transition and Diversion (NHTD) waiver, 5,000 persons with disabilities will be leaving nursing homes or diverted from entering a nursing home at the onset of their disability. Many of these individuals will need affordable and accessible housing which is in very short supply in New York State. Without adequate income due to the monthly SSI or SSDI rates, these individuals will not be able to find adequate housing to implement the purposes of the NHTD waiver.

In order for the waiver to be effective, it is essential that some of the savings accumulated from this waiver be re-invested in a housing subsidy for waiver participants. Without such a re-investment, New York State will not realize the potential savings, because many people will not be able to secure the housing necessary for them to live in the community.

When the Department of Health implemented the Medicaid waiver for survivors of traumatic brain injuries, a housing subsidy was funded to address this problem. The same type of subsidy needs to be established to assure the success of the NHTD waiver. Furthermore, the Department of Health, the Office of Mental Retardation and Developmental Disabilities and the Office of Mental Health all have housing subsidies to assist individuals to live as independently as possible. These subsidies range from $350 to $1,000 per month with an average subsidy being $469 per month per participant. This legislation will help make the transition from a nursing home to less costly community housing possible through the creation of a housing subsidy for waiver participants.


NYS Seal A.10766 (Paulin)

TITLE OF BILL: An act to amend the real property tax law, in relation to exemptions on real property owned by persons with disabilities.

PURPOSE: To provide relief from the burden of increasing real property taxes for persons with disabilities on limited incomes.

JUSTIFICATION: This legislation would greatly assist disabled New Yorkers with limited incomes confronted with the financial strain placed upon them by increasing real property tax rates. For many of these persons, especially those on fixed incomes, this burden is overwhelming. This bill would grant local governments the option to raise the income eligibility limit to qualify for the disabled real property tax exemption from the current $24,000 to $26,000.

For more information on any of these bills, please call the Task Force on People with Disabilities office at 518-455-4592.



Welcome to the
New York State Assembly
Legislative Disabilities
Awareness Day

Art Exhibit
brought to you by:
Sunnyview Rehabilitation Hospital

Co-Sponsored By:
Speaker Sheldon Silver

Assemblymember Amy Paulin, Chair
The Task Force on People with Disabilities

Assemblymember Peter M. Rivera, Chair
The Committee on Mental Health, Mental Retardation
and Developmental Disabilities




New York State Assembly
Legislative Disabilities
Awareness Day

Exhibitor Fair Participants

  • Access to Independence of Cortland County, Inc.
  • American Council of the Blind of New York
  • Automark Technical Systems & Election Systems and Software
  • Brain Injury Association of New York State
  • Capital District Center for Independence, Inc.
  • Capital District Coalition for Accessible Transportation
  • Center for Autism and Related Disabilities
  • Center for Disability Rights (CTIONY)
  • Center for Independence of the Disabled of New York
  • Consumer Directed Personal Assistance Association of New York State
  • Enable
  • Epilepsy Foundation of Northeastern New York
  • Glens Falls Independent Living Center, Inc.
  • Independent Living Center of the Hudson Valley, Inc.
  • Independent Living, Inc.
  • Just Kids Early Childhood Learning Center
  • Learning Disabilities Association of New York State
  • Liberty Election Systems
  • Mental Health Association of New York State, Inc.
  • Mental Patients Liberation Alliance
  • National Alliance on Mental Illness of New York State
  • New York Association of Psychiatric Rehabilitation Services
  • New York Association on Independent Living
  • New York Medical Equipment Providers Association
  • New York State Catholic Conference Advisory Committee on Disabilities
  • New York State Commission for the Blind and Visually Handicapped
  • New York State Commission on Quality of Care & Advocacy for Persons with Disabilities
  • New York State Department of Health Disability and Health Program
  • New York State Department of Health TBI Waiver
  • New York State Developmental Disabilities Planning Council
  • New York State Independent Living Council
  • New York State Office of Mental Retardation and Developmental Disabilities
  • New York State Office of the Attorney General, Civil Rights Bureau
  • New York State Rehabilitation Association
  • New York State Talking Book & Braille Library
  • Northeastern Association of the Blind at Albany
  • Northern Regional Center for Independent Living
  • NYSACRA
  • NYSARC, Inc.
  • People, Inc.
  • Regional Center for Independent Living
  • Resource Center for Accessible Living
  • Resource Center for Independent Living
  • Self-Advocacy Association of New York State
  • Sequoia Voting System
  • Stratton VA Medical Center
  • Sunnyview Rehabilitation Hospital
  • Tourette Syndrome Association Albany Support Group
  • Town of Brookhaven Wheelchair Athletic Program
  • United States Department of Health and Human Services - Office for Civil Rights
  • VESID



Please Join Us At
The New York State Assembly
Legislative Disabilities
Awareness Day

8:30 am – 2:45 pm
Wednesday, May 17, 2006
Well of the LOB & Third Floor Terrace of LOB
Albany, New York

Visit over 50 organizations
that serve people with disabilities who will be providing
information about their products, programs, technology and services,
and answering questions.

Attend Assembly Session
where a package of legislative measures crafted with significant
input from disabilities advocates will be on the floor.

Attend seminars of interest to you:
Navigating the Medicare Part D Benefit and Wrap-around Coverage
Housing for People with Disabilities
The Criminal Justice System’s Interaction with
People with Mental Health Issues
Implementing Election Reform in our Local Communities


New York State Assembly
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