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A01769 Summary:
BILL NO
A01769
SAME AS
SAME AS
SPONSOR
Cahill (MS)
COSPNSR
MLTSPNSR
Cusick, Dinowitz, Galef, Glick, Gottfried, Lifton, Lupardo, Ortiz,
Paulin, Rosenthal, Wright
Amd SS292 & 296, Exec L
Clarifies the scope of protections against discrimination on the basis of
disability under the New York state human rights law in the areas of
employment, public accommodations and government services to be consistent with
the federal Americans with Disabilities Act and the current policies and
practices of the division of human rights.
A01769 Actions:
BILL NO
A01769
01/12/2015 referred to governmental operations
A01769 Votes:
There are no votes for this bill in this legislative session.
A01769 Memo:
BILL NUMBER:A1769
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.
SUMMARY OF SPECIFIC PROVISIONS: Section one sets forth the
legislature's intent to clarify the existing provisions of the Human
Rights Law relative to prohibiting discrimination on the basis of
disability, consistent with the Americans with Disabilities Act and
current state policies and practices.
Section two adds a new subdivision 27 to S.292 of the Executive Law to
define the term "public entity". Section three amends S296 of the
executive law by adding two new subdivisions, 3-c and 3-d.
New subdivision 3-c provides that it is an unlawful discriminatory
practice for a public entity to exclude from or deny any individual
the benefits of a public entity program, service or benefit solely on
the basis of that individual's disability, provided the individual
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meets essential eligibility requirements of the program, service or
benefit in question.
New subdivision 3-d provides that it is an unlawful discriminatory
practice for a public entity to refuse to make reasonable
modifications in rules, policies or practices or to remove
architectural, communication or transportation barriers or to refuse
to provide auxiliary aids and services which are necessary to allow
eligible people with disabilities to receive services or participate
in programs or activities provided by the public entity.
Section four provides that this act shall take effect on the first day
of January next succeeding the date on which it shall have become a
law.
EXISTING LAW: Section 296 of the Executive Law currently prohibits
discrimination on the basis of disability in a broad range of areas
and activities but does not explicitly incorporate many of the
protections afforded people with disabilities under the Americans with
Disabilities Act (ADA).
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
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adequate protections against discrimination on the basis of disability
in the delivery of services by public entities.
PRIOR LEGISLATIVE HISTORY: 2013-2014 A.3998 Referred to Governmental
Operations 2011-2012 A.60 Referred to Governmental Operations
2009-2010 A574 Referred to Governmental Operations 2007-2008 A2571
Referred to Governmental Operations 2005-2006 A6328 Passed Assembly
2003-2004 A5468A Passed Assembly A.4885 (2001-2002) Passed Assembly
Part of this bill was introduced as A.3629 (1999-00) - Passed Assembly
A.3387 (1997-98) - Passed Assembly A. 1809 (1996) - Passed Assembly
FISCAL IMPLICATIONS: Given the existence of comparable federal
requirements and the extent to which state law already addresses most
facets of the proposal, no additional fiscal support should be
required for implementation.
EFFECTIVE DATE: On the first or January next succeeding the date on
which it shall have become a law.
A01769 Text:
STATE OF NEW YORK
________________________________________________________________________
1769
2015-2016 Regular Sessions
IN ASSEMBLY
January 12, 2015
___________
Introduced by M. of A. CAHILL -- Multi-Sponsored by -- M. of A. CUSICK,
DINOWITZ, GALEF, GLICK, GOTTFRIED, HEASTIE, LIFTON, LUPARDO, ORTIZ,
PAULIN, ROSENTHAL, WRIGHT -- read once and referred to the Committee
on Governmental Operations
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
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Section 1. Legislative intent. With the enactment of chapter 988 of
the laws of 1974, the legislature began to extend to people with disabilities guarantees that such individuals would not be discriminated
against on the basis of their disability in employment, use of public
accommodations and in a broad range of other areas and activities
subject to the requirements of the human rights provisions of the executive law. The federal Americans with Disabilities Act, enacted in 1990,
has extended similar protections throughout the nation. While current
state requirements are consistent with those adopted by the Congress in
the Americans with Disabilities Act, the federal statute explicitly
includes a number of requirements which are implicit in state law. The
legislature adopts this measure to reiterate this state's commitment to
assuring people with disabilities full access under state law to all of
the rights and remedies to which they are entitled under the Americans
with Disabilities Act, consistent with current policies and practices of
the state division of human rights, and to continue New York's preeminent role as a leader in guaranteeing equal rights and opportunities to
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18 all of its citizens.
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S 2. Section 292 of the executive law is amended by adding a new
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EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04990-01-5
A. 1769
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35. THE TERM "PUBLIC ENTITY" MEANS THE STATE OR ANY POLITICAL SUBDIVISION THEREOF AND ANY DEPARTMENT, AGENCY, SPECIAL PURPOSE DISTRICT OR
OTHER INSTRUMENTALITY OF THE STATE OR LOCAL GOVERNMENT.
S 3. Section 296 of the executive law is amended by adding two new
subdivisions 3-c and 3-d to read as follows:
3-C. IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR ANY PUBLIC
ENTITY TO EXCLUDE A PERSON WITH A DISABILITY WHO MEETS THE ESSENTIAL
ELIGIBILITY REQUIREMENTS FROM PARTICIPATION IN OR DENY SUCH PERSON THE
BENEFITS OF SERVICES, PROGRAMS, OR ACTIVITIES OF A PUBLIC ENTITY SOLELY
BY REASON OF SUCH DISABILITY OR TO SUBJECT SUCH PERSON WITH A DISABILITY
TO DISCRIMINATION BY ANY SUCH ENTITY.
3-D. IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR A PUBLIC
ENTITY TO REFUSE TO MAKE REASONABLE MODIFICATIONS TO RULES, POLICIES, OR
PRACTICES, TO REFUSE TO REMOVE ARCHITECTURAL, COMMUNICATION, OR TRANSPORTATION BARRIERS, OR TO REFUSE TO PROVIDE AUXILIARY AIDS AND SERVICES,
INCLUDING BUT NOT LIMITED TO SUPPORT SERVICES FOR PEOPLE WITH IMPAIRED
HEARING OR VISION AND ACQUISITION OR MODIFICATION OF EQUIPMENT OR
DEVICES, TO A PERSON WITH A DISABILITY WHO MEETS THE ESSENTIAL ELIGIBILITY REQUIREMENTS WHICH WILL ALLOW SUCH AN INDIVIDUAL TO RECEIVE SERVICES
OR PARTICIPATE IN PROGRAMS OR ACTIVITIES PROVIDED BY A PUBLIC ENTITY IN
THE MOST INTEGRATED MANNER POSSIBLE.
S 4. This act shall take effect on the first of January next succeeding the date on which it shall have become a law.
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