Bill Text: NY A00781 | 2009-2010 | General Assembly | Amended

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Bill Title: Clarifies the scope of protections against discrimination on the basis of disability in services provided by public entities including exclusion from participation or denial of benefits, services, programs or activities of a public entity and refusal of a public entity to make reasonable accommodations unless such entity can establish undue hardship; defines terms.

Spectrum: Partisan Bill (Democrat 33-0)

Status: (Vetoed) 2009-09-17 - tabled [A00781 Detail]

Download: New_York-2009-A00781-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        781--B
                                                               Cal. No. 352
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 7, 2009
                                      ___________
       Introduced  by  M. of A. PAULIN, BRADLEY, CUSICK, GUNTHER, LIFTON, MILL-
         MAN, J. RIVERA, ROSENTHAL, SCHROEDER, WEISENBERG,  JAFFEE,  ESPAILLAT,
         TITUS,  KAVANAGH,  LANCMAN  --  Multi-Sponsored  by  -- M. of A. BING,
         CLARK, COLTON, DIAZ, GABRYSZAK, GLICK, GOTTFRIED, GREENE, JOHN, LUPAR-
         DO, MARKEY, MAYERSOHN, McENENY, PHEFFER,  REILLY,  SWEENEY,  TOWNS  --
         read  once and referred to the Committee on Governmental Operations --
         committee discharged, bill amended, ordered reprinted as  amended  and
         recommitted  to said committee -- reported from committee, advanced to
         a third reading, amended and ordered reprinted, retaining its place on
         the order of third reading
       AN ACT to amend the executive  law,  in  relation  to  certain  unlawful
         discriminatory practices
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 292 of the executive law is amended by  adding  two
    2  new subdivisions 34 and 35 to read as follows:
    3    34. THE TERM "PUBLIC ENTITY" MEANS THE STATE OR ANY POLITICAL SUBDIVI-
    4  SION  THEREOF,  AND ANY DEPARTMENT, AGENCY, SPECIAL PURPOSE DISTRICT, OR
    5  OTHER INSTRUMENTALITY OF THE STATE OR LOCAL GOVERNMENT.
    6    35. THE TERM "AUXILIARY AIDS AND SERVICES" INCLUDES:
    7    (A) QUALIFIED INTERPRETERS OR OTHER EFFECTIVE METHODS OF MAKING AURAL-
    8  LY DELIVERED MATERIALS AVAILABLE TO  INDIVIDUALS  WITH  HEARING  IMPAIR-
    9  MENTS;
   10    (B) QUALIFIED READERS, TAPED TEXT OR OTHER EFFECTIVE METHODS OF MAKING
   11  VISUALLY  DELIVERED  MATERIALS  AVAILABLE  TO  INDIVIDUALS  WITH  VISUAL
   12  IMPAIRMENTS;
   13    (C) ACQUISITION OR MODIFICATION OF EQUIPMENT OR DEVICES; AND
   14    (D) OTHER SIMILAR SERVICES AND ACTIONS.
   15    S 2. Section 296 of the executive law is amended by adding  three  new
   16  subdivisions 3-c, 3-d and 3-e to read as follows:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01799-06-9
       A. 781--B                           2
    1    3-C.  NO  QUALIFIED  INDIVIDUAL  WITH A DISABILITY SHALL, BY REASON OF
    2  SUCH DISABILITY, BE EXCLUDED FROM PARTICIPATION  IN  OR  BE  DENIED  THE
    3  BENEFITS  OF THE SERVICES, PROGRAMS OR ACTIVITIES OF A PUBLIC ENTITY, OR
    4  BE SUBJECTED TO DISCRIMINATION BY ANY SUCH ENTITY.
    5    3-D.  IT  SHALL  BE  AN  UNLAWFUL DISCRIMINATORY PRACTICE FOR A PUBLIC
    6  ENTITY TO REFUSE TO MAKE REASONABLE MODIFICATIONS TO RULES, POLICIES  OR
    7  PRACTICES;  TO  REFUSE TO REMOVE ARCHITECTURAL, COMMUNICATION, OR TRANS-
    8  PORTATION BARRIERS; OR TO REFUSE TO PROVIDE AUXILIARY AIDS AND  SERVICES
    9  TO  A  PERSON  WITH  A  DISABILITY  WHO  MEETS THE ESSENTIAL ELIGIBILITY
   10  REQUIREMENTS FOR SERVICES BY A PUBLIC ENTITY, UNLESS THE  PUBLIC  ENTITY
   11  CAN  DEMONSTRATE THAT TO DO SO WOULD POSE AN UNDUE HARDSHIP. THE FACTORS
   12  TO BE CONSIDERED IN DETERMINING "UNDUE HARDSHIP" SHALL INCLUDE THE  SIZE
   13  OF THE PUBLIC ENTITY, AND THE NATURE AND COST OF THE ACCOMMODATION NEED-
   14  ED.
   15    3-E.  TO THE EXTENT THAT THE SERVICES, PROGRAMS, ACTIVITIES, OR RULES,
   16  POLICIES AND PRACTICES OF THE NATIONAL RAILROAD  PASSENGER  CORPORATION,
   17  OR  OTHER PUBLIC TRANSPORTATION ENTITY WHICH IS OPERATED BY THE STATE, A
   18  COUNTY, CITY, TOWN OR VILLAGE, OR ANY AGENCY THEREOF, OR BY  ANY  PUBLIC
   19  BENEFIT  CORPORATION OR AUTHORITY, ARE COVERED BY SUBTITLE B TITLE II OF
   20  THE AMERICANS WITH DISABILITIES ACT OF 1990, 42 USC 12141 ET  SEQ.,  ANY
   21  AMENDMENTS  THERETO,  AND  THE  REGULATIONS PROMULGATED THEREUNDER, SUCH
   22  ENTITIES SHALL NOT  BE  SUBJECT  TO  THE  REQUIREMENTS  OF  SUBDIVISIONS
   23  THREE-C  AND  THREE-D  OF  THIS SECTION INCLUDING BUT NOT LIMITED TO THE
   24  REQUIREMENTS FOR THE REMOVAL OF ARCHITECTURAL, COMMUNICATIONS, OR TRANS-
   25  PORTATION BARRIERS UNDER SUBDIVISION THREE-D OF THIS SECTION.
   26    S 3. This act shall take effect on the one hundred twentieth day after
   27  it shall have become a law.