New York State Assembly

 
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A05683 Summary:

A05683 Actions:

A05683 Committee Votes:

Committee:GOVERNMENTAL OPERATIONS   Chair:McDonald      
DATE:04/17/2023AYE/NAY:13/0  Action: Favorable refer to committee Ways and Means        
McDonald
Aye
Durso
Aye
Glick
Aye
Goodell
Aye
Kim
Excused
Beephan
Aye
Bichotte Hermel
Aye
Slater
Aye
Hyndman
Aye
Williams
Aye
Wallace
Aye
Meeks
Aye
Raga
Aye
Simone
Aye

Committee:WAYS AND MEANS   Chair:Weinstein      
DATE:05/10/2023AYE/NAY:32/0  Action: Favorable         
Weinstein
Aye
Ra
Aye
Glick
Excused
Fitzpatrick
Aye
Pretlow
Aye
Hawley
Aye
Colton
Aye
Blankenbush
Aye
Cook
Aye
Norris
Excused
Aubry
Aye
Brabenec
Aye
Benedetto
Aye
Palmesano
Aye
Weprin
Aye
Walsh
Aye
Ramos
Excused
DeStefano
Aye
Braunstein
Aye
Manktelow
Aye
McDonald
Aye
Smullen
Aye
Rozic
Aye
Dinowitz
Aye
Joyner
Aye
Magnarelli
Aye
Zebrowski
Aye
Bronson
Aye
Dilan
Aye
Seawright
Aye
Hyndman
Aye
Walker
Aye
Bichotte Hermel
Aye
Simon
Aye
Cruz
Aye

A05683 Floor Votes:

A05683 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5683
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 20, 2023
                                       ___________
 
        Introduced  by  M.  of  A.  ZEBROWSKI  --  read once and referred to the
          Committee on Governmental Operations
 
        AN ACT to amend the executive  law,  in  relation  to  establishing  the
          commission  of  the  deaf, deafblind and hard of hearing; to amend the
          social services law, in relation to requiring the  commission  of  the
          deaf, deafblind, and hard of hearing to transmit complaints in matters
          affecting  the deaf, deafblind, and hard of hearing communities to the
          vulnerable persons' central register; and to repeal section 559 of the
          executive law relating to the New York state interagency  coordinating
          council  for  services to persons who are deaf, deaf-blind, or hard of
          hearing
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  The executive law is amended by adding a new article 26-C
     2  to read as follows:
     3                                ARTICLE 26-C
     4            COMMISSION OF THE DEAF, DEAFBLIND AND HARD OF HEARING
     5  Section 755. Definitions.
     6          756. Commission of the deaf, deafblind and hard of hearing.
     7          757. Executive director.
     8          758. Membership of the commission.
     9          759. Powers and duties of the commission.
    10    § 755. Definitions. When used in this article, the following words and
    11  terms shall have the meanings ascribed to them in this section:
    12    1. "deaf" shall mean a person who has profound hearing  loss  and  who
    13  primarily  relies  on visual communication, such as sign language, writ-
    14  ing, lip reading, and gestures, which may  be  used  exclusively  or  in
    15  combination, or who communicates orally and use sign language to support
    16  their understanding of the spoken language;
    17    2.  "deafblind"  shall  mean a person with varying degrees of combined
    18  hearing and vision loss; and

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05828-01-3
        A. 5683                             2
 
     1    3. "hard of hearing" shall mean a person with measurable hearing loss.
     2    § 756. Commission of the deaf, deafblind and hard of hearing. There is
     3  hereby  established  the  "commission of the deaf, deafblind and hard of
     4  hearing".
     5    § 757. Executive director. The governor shall appoint, at  the  recom-
     6  mendation of the commission, an executive director of the commission who
     7  shall  serve  at  the  pleasure  of the governor. The executive director
     8  shall receive an annual salary fixed by the governor within the  amounts
     9  appropriated  specifically  therefor and shall be entitled to reimburse-
    10  ment for actual expenses necessarily incurred in the discharge of  their
    11  official  duties.  The executive director shall assist the commission in
    12  carrying out the duties and responsibilities of the commission.
    13    § 758. Membership of  the  commission.  1.  The  commission  shall  be
    14  comprised  of  nine  voting  members  and  three non-voting members. All
    15  members must be New York residents.
    16    (a) Five members of the commission shall be appointed  by  the  gover-
    17  nor in the following manner:
    18    (i)  three  members,  one  whom is deaf, one whom is deafblind and one
    19  whom is hard of hearing;
    20    (ii) a licensed audiologist pursuant to article one hundred fifty-nine
    21  of the education law; and
    22    (iii) a representative of a state-supported school for the instruction
    23  of students who are deaf, deafblind or hard of hearing.
    24    (b) One member  of the commission shall be appointed by the  temporary
    25  president of the senate. Such member shall be hard of hearing.
    26    (c)  One member of the commission shall be appointed by the speaker of
    27  the assembly. Such member shall be deaf.
    28    (d) One member of the commission shall be appointed  by  the  minority
    29  leader of the senate. Such member shall be deafblind.
    30    (e)  One  member of the commission shall be appointed by the  minority
    31  leader of the assembly. Such member shall be a parent of a child who  is
    32  deaf, deafblind or hard of hearing.
    33    (f)  The  executive  director of the commission of the deaf, deafblind
    34  and hard of hearing shall be a  non-voting,  ex-officio  member  of  the
    35  commission.
    36    (g) The members of the commission shall appoint two non-voting members
    37  of  the  commission,  one whom shall be a qualified sign language inter-
    38  preter and one whom shall be a qualified real-time captioning provider.
    39    2. The identification and selection  of  candidates  for  appointments
    40  shall  be  done,  to  the greatest extent possible, in consultation with
    41  organizations and individuals representing the deaf, deafblind and  hard
    42  of hearing communities.
    43    3.  The  members  of the commission   shall   serve   terms  of  three
    44  years.  Subsequent appointments upon the expiration of such terms  shall
    45  be  filled in the same manner as the original appointments.  The members
    46  of the commission shall elect one of their members to  serve  as  chair-
    47  person  during  his  or  her  appointment  term or for a period of three
    48  years, whichever is shorter.
    49    4. Members of the commission shall  serve  without  compensation,  but
    50  shall  be  allowed  their  actual and necessary expenses incurred in the
    51  performance of their duties.
    52    5. The commission shall meet at least four times   per    year.    The
    53  meetings  shall  be  made  accessible to the deaf, deafblind and hard of
    54  hearing communities. A majority of the voting membership of the  commis-
    55  sion  shall   constitute  a  quorum  for  the  transaction of commission
    56  business.  Action may be taken and motions and  resolutions  adopted  by
        A. 5683                             3
 
     1  the  commission  at  any meeting thereof by the affirmative vote of five
     2  members of the commission.
     3    §  759.  Powers  and duties of the commission. 1. The commission shall
     4  advise the governor and the legislature on how the state can effectively
     5  meet the needs of the deaf, deafblind and hard of hearing communities.
     6    2. The duties and responsibilities of the commission are to:
     7    (a) create a statewide plan,  including  annual  updates,  to  deliver
     8  coordinated services and programs to persons who are deaf, deafblind and
     9  hard  of  hearing in a manner that best serves their needs including but
    10  not limited to accessibility, educational, medical, housing, and employ-
    11  ment services.  The commission shall coordinate with other  state  agen-
    12  cies,  and  the  Commission for the Blind, as appropriate, when creating
    13  their state plan to deliver coordinated services and programs;
    14    (b) develop a process to collect and maintain data on  the  number  of
    15  deaf, deafblind and hard of hearing individuals in New York state;
    16    (c)  regularly  maintain  a  website that serves as a clearinghouse of
    17  information, resources and services for persons who are deaf,  deafblind
    18  and hard of hearing;
    19    (d)  create  a  referral  system  that  receives complaints in matters
    20  affecting the deaf, deafblind and hard of hearing communities and refers
    21  such complaints to the appropriate agencies or organizations  if  neces-
    22  sary or appropriate, provided however, if such complaint is a reportable
    23  incident pursuant to article eleven of the social services law, it shall
    24  be  forwarded  to  the  vulnerable  persons' central register or if such
    25  complaint is a criminal matter, it shall be forwarded to the appropriate
    26  law enforcement agency;
    27    (e) coordinate with federal,  state  and  local  agencies  to  improve
    28  access to public safety and emergency services;
    29    (f)  develop strategies to increase employment opportunities for deaf,
    30  deafblind and hard of hearing individuals including, but not limited to,
    31  job training and career development services;
    32    (g) develop and recommend policies to the governor and legislature  as
    33  deemed  necessary  to  assist  the  deaf,  deafblind and hard of hearing
    34  communities;
    35    (h) develop a model policy  on  interpreter  and  captioning  services
    36  including  methods  to increase access to such services and licensing of
    37  qualified interpreters and captioners;
    38    (i) provide technical assistance to state  agencies  and  departments,
    39  local governments, agencies or other non-governmental entities on devel-
    40  oping  policies, providing services and increasing accessibility for the
    41  deaf, deafblind and hard of hearing communities;
    42    (j) improve and expand access to assistive  technology  including  but
    43  not  limited  to,  relay  services,  closed captioning, open captioning,
    44  hearing loops, telecommunication devices, transcription services, alter-
    45  native text or other communication services;
    46    (k) coordinate with the department of state regarding access to  hear-
    47  ing aids and other associated resources; and
    48    (l)  develop public awareness materials and resources on hearing pres-
    49  ervation and hearing loss prevention.
    50    3. Subject to an appropriation by the legislature, the commission  may
    51  hire personnel or enter into contracts deemed necessary to carry out the
    52  duties and responsibilities of the commission.
    53    4.  The  commission  shall submit an annual report to the governor and
    54  legislature detailing  the  operation  and  actions  of  the  commission
    55  including  but  not limited to the development and implementation of the
    56  statewide plan, policy recommendations, and actions taken in conjunction
        A. 5683                             4
 
     1  with state or local agencies.  The initial report shall be submitted  on
     2  September first, two thousand twenty-four, with subsequent reports annu-
     3  ally thereafter.
     4    § 2. Section 559 of the executive law is REPEALED.
     5    § 3. Section 491 of the social services law is amended by adding a new
     6  subdivision 6 to read as follows:
     7    6.  The  commission  of the deaf, deafblind and hard of hearing estab-
     8  lished pursuant to article twenty-six-C of the executive  law  shall  be
     9  responsible  for  transmitting complaints in matters affecting the deaf,
    10  deafblind and hard of hearing communities  to  the  vulnerable  persons'
    11  central  register, as appropriate, where such complaints involve allega-
    12  tions of reportable incidents pursuant to this section.
    13    § 4. This act shall take effect on the one hundred eightieth day after
    14  it shall have become a law.