STATE OF NEW YORK
________________________________________________________________________
1944--A
2015-2016 Regular Sessions
IN SENATE
January 15, 2015
___________
Introduced by Sens. BONACIC, BOYLE, BRESLIN, GOLDEN, GRIFFO, LARKIN,
NOZZOLIO, PANEPINTO, YOUNG -- read twice and ordered printed, and when
printed to be committed to the Committee on Investigations and Govern-
ment Operations -- recommitted to the Committee on Investigations and
Government Operations in accordance with Senate Rule 6, sec. 8 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the executive law, in relation to establishing the 25th
anniversary of the Americans with Disabilities Act of 1990 commission
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 section 295-a
2 to read as follows:
3 § 295-a. 25th Anniversary of the Americans with Disabilities Act
4 commission. 1. The governor shall establish a commission to evaluate the
5 Americans with Disabilities Act of 1990 and its implementation in the
6 state of New York. Such commission shall consist of the following
7 persons:
8 (a) A construction contractor who can estimate the cost of converting
9 existing facilities into accessible facilities to be appointed by the
10 governor;
11 (b) A representative of the city of New York to be appointed by the
12 governor upon the recommendation of the mayor of the city of New York;
13 (c) An architect or engineer appointed by the governor;
14 (d) An attorney with knowledge of the Americans with Disabilities Act
15 to be appointed by the governor;
16 (e) A town supervisor or city or village mayor from a town, city, or
17 village with a population greater than twenty-five thousand to be
18 appointed by the governor at the request of the speaker of the assembly;
19 (f) An advocate for persons with disabilities appointed by the gover-
20 nor at the request of the temporary president of the senate;
21 (g) A town supervisor or city or village mayor from a town, city, or
22 village with a population less than twenty-five thousand to be appointed
23 by the governor at the request of the speaker of the assembly; and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03042-02-6
S. 1944--A 2
1 (h) An elected official with a mobility challenge to be appointed by
2 the governor at the request of the temporary president of the senate.
3 2. No member of the commission shall be disqualified from holding any
4 public office or employment, nor shall he or she forfeit any such office
5 or employment by virtue of his or her appointment hereunder. Members of
6 the commission shall receive no compensation for their services but
7 shall be allowed their actual and necessary expenses incurred in the
8 performance of their functions hereunder. A member of the commission may
9 be removed by the person who requested such member be appointed, or, if
10 no request was made, by the governor, only for good cause, after notice
11 and an opportunity to be heard. Vacancies shall be filled in the same
12 manner as original appointments.
13 3. There shall be non-voting, ex officio members of the commission
14 consisting of three state employees who hold policy making positions
15 appointed by the governor. Such members shall serve so long as they
16 hold the office they held when appointed by the governor unless extended
17 by the governor on the commission as a non-voting member. The governor
18 shall designate one of these members, who shall at all times be a full
19 time employee of the state to serve as secretary of the commission. The
20 secretary shall also approve all meeting dates and locations and confirm
21 that the provisions of articles six and seven of the public officers law
22 are followed by the commission. The secretary shall serve as the person
23 responsible for maintaining commission documents and coordinating with
24 other state employees or commissions any meetings, witnesses, or testi-
25 mony necessary in the event of any public hearings, which shall be
26 recorded via stenographer or via electronic means.
27 4. (a) The commission shall issue an interim report to the governor,
28 the temporary president of the senate, the speaker of the assembly and
29 the minority leaders of the senate and assembly on or before November
30 first, two thousand seventeen and a final report not later than November
31 first, two thousand eighteen. Such report shall also be made available
32 to the public. The final report shall address:
33 (1) The status of the implementation of the Americans with Disabili-
34 ties Act in New York state;
35 (2) Recommendations on future actions relating to implementation of
36 the Americans with Disabilities Act in New York state;
37 (3) Obstacles to the implementation of the Americans with Disabilities
38 Act and methods to evaluate its implementation on an ongoing basis.
39 (b) In developing its reports, the commission shall be authorized to:
40 (1) call upon any agency, department, office, division or public
41 authority of this state to supply it with such information and assist-
42 ance as the commission deems necessary to discharge its responsibil-
43 ities. Each agency, department, office, division and public authority of
44 this state shall cooperate with the commission and furnish such informa-
45 tion and assistance as it requests to accomplish its purposes;
46 (2) conduct public hearings, hear the testimony of witnesses and
47 require the production of any documents the commission deems reasonably
48 necessary to carry out its responsibilities;
49 (3) take such other actions not inconsistent with the purposes of this
50 section as shall enable the commission to carry out its functions; and
51 (4) select a chairperson from among its members by majority vote.
52 § 2. This act shall take effect immediately; provided that the 25th
53 anniversary of the Americans with Disabilities Act of 1990 commission
54 shall dissolve on its own motion or shall be dissolved automatically no
55 later than December 31, 2018.
