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A02655 Summary:

BILL NOA02655
 
SAME ASNo Same As
 
SPONSORSayegh
 
COSPNSR
 
MLTSPNSR
 
Add §559-a, Exec L
 
Enacts the "New York commission for the deaf and hard of hearing act".
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A02655 Actions:

BILL NOA02655
 
01/21/2025referred to governmental operations
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A02655 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A2655
 
SPONSOR: Sayegh
  TITLE OF BILL: An act to amend the executive law, in relation to enacting the "New York commission for the deaf and hard of hearing act"   PURPOSE: This legislation will establish an agency in the State to address the needs of deaf and hard of hearing New Yorkers.   SUMMARY OF SPECIFIC PROVISIONS: Section 1 of the bill provides that this act shall be known as the "New York Commission for the Deaf and Hard of Hearing Act". Section 2 adds a new section 559-a to the executive law. This new section: 1. Defines chairperson, commission, director, and vice-chairperson for the commission for the deaf and hard of hearing. 2. Establishes the commission as an executive agency, governed by an 11-member board. 3. Provides that the commission members will be appointed by the gover- nor. At least six voting members shall be persons who are deaf or hard of hearing, including one who is fluent in a sign language other than American Sign Language. Other members will represent groups and others who work with the deaf and hard of hearing communities. This section also defines methods of appointment, eligibility, length of terms, and frequency of meetings. 4. Defines the role of the commission's director. 5. Defines the powers and duties of the commission, including making available educational and informational materials about deaf gain; help- ing public and private agencies to coordinate programming for deaf and hard of hearing persons; providing support to start and improve service programs; evaluation and monitoring of state programs delivering services to determine their effectiveness and how they can be improved; monitor state-funded programs to determine the extent they fulfill their mandates; provide analysis and recommendations for consideration by the governor and legislature; promote cooperation among agencies providing educational programming; and make recommendations regarding rules and regulations for interpreters for deaf and hard of hearing persons upon request of the governor and legislature. Section 3 is the effective date.   JUSTIFICATION: According to the American Community Survey, more than 2 million New Yorkers have some form of hearing loss. This bill seeks to create an executive level agency to improve how the state currently serves these New Yorkers. Many of our state's processes, ranging from public meetings to interactions with state agencies, are desighed in non-accessible ways. In the past, interagency councils have convened to improve the state's accessibility, but no long-term body currently exists to expand on those efforts. New York can join many other states in increasing its commitment to being an accessible and open state to all of its residents by creating this agency, the New York Commission for the Deaf and Hard of Hearing. The aim of this commission is to promote and advocate for New Yorkers who are deaf and hard of hearing. The commission will work to advance equality and opportunity in their lives; to enhance access to services and programs; and to advance the most effective policies in the state.   PRIOR LEGISLATIVE HISTORY: 2021-22: A8176 (Abinati) - Referred to Governmental Operations 2023-24: A3124 - Referred to Governmental Operations   FISCAL IMPLICATIONS: To be determined.   EFFECTIVE DATE: This act shall take effect on the one hundred twentieth day after it shall have become a law. Effective immediately, the addition, amendment, and/or repeal of any rules and regulations necessary to implement the provisions of this act on its effective date are authorized to be completed on or before such effective date.
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A02655 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2655
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 21, 2025
                                       ___________
 
        Introduced by M. of A. SAYEGH -- read once and referred to the Committee
          on Governmental Operations
 
        AN ACT to amend the executive law, in relation to enacting the "New York
          commission for the deaf and hard of hearing act"
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  the "New York commission for the deaf and hard of hearing act".
     3    §  2.  The  executive  law is amended by adding a new section 559-a to
     4  read as follows:
     5    § 559-a. 1. Definitions. As used in this section, unless  the  context
     6  requires otherwise:
     7    (a) "Chairperson" means the chairperson of the commission for the deaf
     8  and hard of hearing.
     9    (b)  "Commission"  means the commission for the deaf and hard of hear-
    10  ing.
    11    (c) "Director" means the director of the commission for the  deaf  and
    12  hard of hearing.
    13    (d)  "Vice-chairperson"  means  the vice-chairperson of the commission
    14  for the deaf and hard of hearing.
    15    2. Commission. The commission for the deaf  and  hard  of  hearing  is
    16  created as an executive agency of state government. The commission shall
    17  be  composed of eleven members, governed by a chairperson, and headed by
    18  a director.
    19    3. Commission membership. (a) The  commission  shall  be  composed  of
    20  eleven  voting  members  appointed by the governor from residents of the
    21  state whose position, knowledge, or experience enables them  to  reason-
    22  ably  represent the concerns, needs, and recommendations of deaf or hard
    23  of hearing persons. At a minimum, six voting members of  the  commission
    24  shall  be  persons who are deaf or hard of hearing, at least one of whom
    25  shall be fluent in a sign language other than  American  sign  language.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05453-01-5

        A. 2655                             2
 
     1  The  remaining five   members of the commission shall be representatives
     2  of agencies, nonprofit corporations and organizations, and other  groups
     3  that  work  with  the  deaf  and hard of hearing communities, as well as
     4  academics  and other experts. The chairperson of the commission shall be
     5  elected from the commission's membership by a simple  majority  vote  of
     6  the  total  membership  of  the  commission. The vice-chairperson of the
     7  commission shall be elected from the commission's membership by a simple
     8  majority vote of the total membership of the commission.
     9    (b) The governor shall consider nominations made  by  advocacy  groups
    10  for the deaf and hard of hearing and community-based organizations.
    11    (c)  Of  the initial members appointed by the governor, three shall be
    12  appointed to terms of one year, four shall be appointed to terms of  two
    13  years,  and four shall be appointed to terms of three years. Thereafter,
    14  all members shall be appointed for terms of three years. No member shall
    15  serve more than two consecutive terms. A member shall serve until  their
    16  successor is appointed and qualified.
    17    (d)  Initial  members'  terms  of office shall be chosen by lot at the
    18  initial meeting of the commission.
    19    (e) Vacancies in commission membership shall be  filled  in  the  same
    20  manner as initial appointments. Appointments to fill vacancies occurring
    21  before  the expiration of a term shall be for the remainder of the unex-
    22  pired term.
    23    (f) Members shall not receive  compensation  for  their  services  but
    24  shall  be  reimbursed for their actual expenses incurred in the perform-
    25  ance of their duties plus up to fifty dollars per  day  for  any  actual
    26  loss of wages incurred in the performance of their duties.
    27    (g)  Total  membership  consists  of  the number of voting members, as
    28  defined in this section, excluding any vacant positions. A quorum  shall
    29  consist of a simple majority of total membership and shall be sufficient
    30  to  conduct  the transaction of business of the commission unless stipu-
    31  lated otherwise in the by-laws of the commission.
    32    (h) The commission shall meet at least quarterly.
    33    4. Director. The director shall be hired, supervised,  evaluated,  and
    34  terminated by the commission. The director shall carry out the policies,
    35  programs,  and  activities of the commission. The director shall employ,
    36  manage, and organize the staff of the commission as they deem  appropri-
    37  ate.
    38    5.  Powers  and  duties  of  the commission. The commission shall be a
    39  coordinating and advocating body that acts on behalf of the interests of
    40  persons in this state who are deaf or hard of hearing,  including  chil-
    41  dren, adults, senior citizens, and those with any additional disability.
    42  The commission shall cooperate and work in consultation with other agen-
    43  cies  of  the  state with appropriate expertise and authority in matters
    44  relating to persons who are deaf or hard of  hearing.    The  commission
    45  shall  submit an annual report of its activities to the governor and the
    46  legislature on or before January first  of  each  year.  The  commission
    47  shall:
    48    (a)  Make  available  and  provide  an  educational  and informational
    49  program through printed materials, workshop and training sessions, pres-
    50  entations, demonstrations, and public awareness events about  deaf  gain
    51  for  citizens  in  this  state  and for public and private entities. The
    52  program shall include, but not be  limited  to,  information  concerning
    53  information  and  referral  services,  lending  libraries,  service  and
    54  resource  availability,  the  interpreter  registry,  accessibility  and
    55  accommodation  issues,  assistive  technology, empowerment issues, obli-
    56  gations of service providers and  employers,  educational  options,  and

        A. 2655                             3
 
     1  current  federal and state statutes, regulations, and policies regarding
     2  deaf gain.
     3    (b)  Cooperate  with public and private agencies and local, state, and
     4  federal governments to coordinate programs for persons who are  deaf  or
     5  hard of hearing.
     6    (c)  Provide  technical assistance, consultation, and training support
     7  to start and enhance existing programs and services for persons who  are
     8  deaf or hard of hearing.
     9    (d)  Evaluate  and  monitor state programs delivering services to deaf
    10  and hard of hearing persons to determine their  effectiveness;  identify
    11  and promote new services or programs whenever necessary; and make recom-
    12  mendations  to  public  officials about changes necessary to improve the
    13  quality and delivery of services, programs,  and  activities  and  about
    14  future financial support to continue existing programs and establish new
    15  programs.
    16    (e)  Monitor  state funded programs delivering services to persons who
    17  are deaf or hard of hearing to determine the extent  that  promised  and
    18  mandated services are delivered.
    19    (f)  Review,  evaluate, and participate in the development of proposed
    20  and amended statutes,  rules,  regulations,  and  policies  relating  to
    21  services,  programs, and activities for deaf and hard of hearing persons
    22  and make recommendations on existing statutes, rules,  regulations,  and
    23  policies to the governor, the legislature and state agencies.
    24    (g)  Promote  cooperation  among  state  and  local agencies providing
    25  educational programs for deaf and hard of hearing individuals.
    26    (h) Make recommendations upon request from the governor, the  legisla-
    27  ture  and  state  agencies  regarding  rules  and regulations related to
    28  recruitment, evaluation, certification, licensure, and  training  stand-
    29  ards of interpreters for deaf and hard of hearing persons.
    30    6.  Rules  and  regulations. The commission shall promulgate rules and
    31  regulations necessary to implement the provisions of this section.
    32    § 3. This act shall take effect on the one hundred twentieth day after
    33  it shall have become a law. Effective immediately, the addition,  amend-
    34  ment,  and/or repeal of any rules and regulations necessary to implement
    35  the provisions of this act on its effective date are  authorized  to  be
    36  completed on or before such effective date.
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