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A06710 Summary:

BILL NOA06710B
 
SAME ASSAME AS S01852-B
 
SPONSORZebrowski
 
COSPNSRQuart, Barron, Lupardo, Solages, Simon, Dinowitz, Gunther, Montesano, Ra, Abinanti, Mamdani, Zinerman, Dickens, McDonald, Colton, Otis, Rosenthal L, Santabarbara, Mitaynes, Angelino
 
MLTSPNSRHevesi
 
Add Art 26-C §§755 - 759, rpld §559, Exec L; amd §491, Soc Serv L
 
Establishes the commission of the deaf, deafblind and hard of hearing; requires 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; repeals provisions relating to the New York state interagency coordinating council for services to persons who are deaf, deaf-blind, or hard of hearing.
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A06710 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6710--B
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 26, 2021
                                       ___________
 
        Introduced by M. of A. ZEBROWSKI, QUART, LUPARDO, SOLAGES, SIMON, DINOW-
          ITZ,  GUNTHER,  MONTESANO,  RA,  ABINANTI, MAMDANI, ZINERMAN, DICKENS,
          McDONALD -- Multi-Sponsored by -- M. of A. HEVESI  --  read  once  and
          referred to the Committee on Governmental Operations -- recommitted to
          the  Committee  on Governmental Operations in accordance with Assembly
          Rule  3,  sec.  2  --  committee  discharged,  bill  amended,  ordered
          reprinted  as amended and recommitted to said committee -- recommitted
          to the Committee on Governmental Operations in accordance with  Assem-
          bly  Rule  3,  sec.  2  -- 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
          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.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05522-10-2

        A. 6710--B                          2
 
     1    § 755. Definitions. When used in this article, the following words and
     2  terms shall have the meanings ascribed to them in this section:
     3    1.  "deaf"  shall  mean a person who has profound hearing loss and who
     4  primarily relies on visual communication, such as sign  language,  writ-
     5  ing,  lip  reading,  and  gestures,  which may be used exclusively or in
     6  combination, or who communicates orally and use sign language to support
     7  their understanding of the spoken language;
     8    2. "deafblind" shall mean a person with varying  degrees  of  combined
     9  hearing and vision loss; and
    10    3. "hard of hearing" shall mean a person with measurable hearing loss.
    11    § 756. Commission of the deaf, deafblind and hard of hearing. There is
    12  hereby  established  the  "commission of the deaf, deafblind and hard of
    13  hearing".
    14    § 757. Executive director. The governor shall appoint, at  the  recom-
    15  mendation of the commission, an executive director of the commission who
    16  shall  serve  at  the  pleasure  of the governor. The executive director
    17  shall receive an annual salary fixed by the governor within the  amounts
    18  appropriated  specifically  therefor and shall be entitled to reimburse-
    19  ment for actual expenses necessarily incurred in the discharge of  their
    20  official  duties.  The executive director shall assist the commission in
    21  carrying out the duties and responsibilities of the commission.
    22    § 758. Membership of  the  commission.  1.  The  commission  shall  be
    23  comprised  of  nine  voting  members  and  three non-voting members. All
    24  members must be New York residents.
    25    (a) Five members of the commission shall be appointed  by  the  gover-
    26  nor in the following manner:
    27    (i)  three  members,  one  whom is deaf, one whom is deafblind and one
    28  whom is hard of hearing;
    29    (ii) a licensed audiologist pursuant to article one hundred fifty-nine
    30  of the education law; and
    31    (iii) a representative of a state-supported school for the instruction
    32  of students who are deaf, deafblind or hard of hearing.
    33    (b) One member  of the commission shall be appointed by the  temporary
    34  president of the senate. Such member shall be hard of hearing.
    35    (c)  One member of the commission shall be appointed by the speaker of
    36  the assembly. Such member shall be deaf.
    37    (d) One member of the commission shall be appointed  by  the  minority
    38  leader of the senate. Such member shall be deafblind.
    39    (e)  One  member of the commission shall be appointed by the  minority
    40  leader of the assembly. Such member shall be a parent of a child who  is
    41  deaf, deafblind or hard of hearing.
    42    (f)  The  executive  director of the commission of the deaf, deafblind
    43  and hard of hearing shall be a  non-voting,  ex-officio  member  of  the
    44  commission.
    45    (g) The members of the commission shall appoint two non-voting members
    46  of  the  commission,  one whom shall be a qualified sign language inter-
    47  preter and one whom shall be a qualified real-time captioning provider.
    48    2. The identification and selection  of  candidates  for  appointments
    49  shall  be  done,  to  the greatest extent possible, in consultation with
    50  organizations and individuals representing the deaf, deafblind and  hard
    51  of hearing communities.
    52    3.  The  members  of the commission   shall   serve   terms  of  three
    53  years.  Subsequent appointments upon the expiration of such terms  shall
    54  be  filled in the same manner as the original appointments.  The members
    55  of the commission shall elect one of their members to  serve  as  chair-

        A. 6710--B                          3
 
     1  person  during  his  or  her  appointment  term or for a period of three
     2  years, whichever is shorter.
     3    4.  Members  of  the  commission shall serve without compensation, but
     4  shall be allowed their actual and necessary  expenses  incurred  in  the
     5  performance of their duties.
     6    5.  The  commission  shall  meet at least four times   per  year.  The
     7  meetings shall be made accessible to the deaf,  deafblind  and  hard  of
     8  hearing  communities. A majority of the voting membership of the commis-
     9  sion shall  constitute  a  quorum  for  the   transaction of  commission
    10  business.    Action  may be taken and motions and resolutions adopted by
    11  the commission at any meeting thereof by the affirmative  vote  of  five
    12  members of the commission.
    13    §  759.  Powers  and duties of the commission. 1. The commission shall
    14  advise the governor and the legislature on how the state can effectively
    15  meet the needs of the deaf, deafblind and hard of hearing communities.
    16    2. The duties and responsibilities of the commission are to:
    17    (a) create a statewide plan,  including  annual  updates,  to  deliver
    18  coordinated services and programs to persons who are deaf, deafblind and
    19  hard  of  hearing in a manner that best serves their needs including but
    20  not limited to accessibility, educational, medical, housing, and employ-
    21  ment services.  The commission shall coordinate with other  state  agen-
    22  cies,  and  the  Commission for the Blind, as appropriate, when creating
    23  their state plan to deliver coordinated services and programs;
    24    (b) develop a process to collect and maintain data on  the  number  of
    25  deaf, deafblind and hard of hearing individuals in New York state;
    26    (c)  regularly  maintain  a  website that serves as a clearinghouse of
    27  information, resources and services for persons who are deaf,  deafblind
    28  and hard of hearing;
    29    (d)  create  a  referral  system  that  receives complaints in matters
    30  affecting the deaf, deafblind and hard of hearing communities and refers
    31  such complaints to the appropriate agencies or organizations  if  neces-
    32  sary or appropriate, provided however, if such complaint is a reportable
    33  incident pursuant to article eleven of the social services law, it shall
    34  be  forwarded  to  the  vulnerable  persons' central register or if such
    35  complaint is a criminal matter, it shall be forwarded to the appropriate
    36  law enforcement agency;
    37    (e) coordinate with federal,  state  and  local  agencies  to  improve
    38  access to public safety and emergency services;
    39    (f)  develop strategies to increase employment opportunities for deaf,
    40  deafblind and hard of hearing individuals including, but not limited to,
    41  job training and career development services;
    42    (g) develop and recommend policies to the governor and legislature  as
    43  deemed  necessary  to  assist  the  deaf,  deafblind and hard of hearing
    44  communities;
    45    (h) develop a model policy  on  interpreter  and  captioning  services
    46  including  methods  to increase access to such services and licensing of
    47  qualified interpreters and captioners;
    48    (i) provide technical assistance to state  agencies  and  departments,
    49  local governments, agencies or other non-governmental entities on devel-
    50  oping  policies, providing services and increasing accessibility for the
    51  deaf, deafblind and hard of hearing communities;
    52    (j) improve and expand access to assistive  technology  including  but
    53  not  limited  to,  relay  services,  closed captioning, open captioning,
    54  hearing loops, telecommunication devices, transcription services, alter-
    55  native text or other communication services;

        A. 6710--B                          4
 
     1    (k) coordinate with the department of state regarding access to  hear-
     2  ing aids and other associated resources; and
     3    (l)  develop public awareness materials and resources on hearing pres-
     4  ervation and hearing loss prevention.
     5    3. Subject to an appropriation by the legislature, the commission  may
     6  hire personnel or enter into contracts deemed necessary to carry out the
     7  duties and responsibilities of the commission.
     8    4.  The  commission  shall submit an annual report to the governor and
     9  legislature detailing  the  operation  and  actions  of  the  commission
    10  including  but  not limited to the development and implementation of the
    11  statewide plan, policy recommendations, and actions taken in conjunction
    12  with state or local agencies.  The initial report shall be submitted  on
    13  September  first,  two  thousand  twenty-three,  with subsequent reports
    14  annually thereafter.
    15    § 2. Section 559 of the executive law is REPEALED.
    16    § 3. Section 491 of the social services law is amended by adding a new
    17  subdivision 6 to read as follows:
    18    6. The commission of the deaf, deafblind and hard  of  hearing  estab-
    19  lished  pursuant  to  article twenty-six-C of the executive law shall be
    20  responsible for transmitting complaints in matters affecting  the  deaf,
    21  deafblind  and  hard  of  hearing communities to the vulnerable persons'
    22  central register, as appropriate, where such complaints involve  allega-
    23  tions of reportable incidents pursuant to this section.
    24    § 4. This act shall take effect on the one hundred eightieth day after
    25  it shall have become a law.
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