Bill Text: NY S06612 | 2015-2016 | General Assembly | Introduced

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Bill Title: Enacts the "employment first choice act" to ensure that an individual with developmental disabilities in a nonintegrated setting shall have the right to remain in such a setting under certain circumstances.

Spectrum: Moderate Partisan Bill (Republican 14-3)

Status: (Introduced - Dead) 2016-02-01 - REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES [S06612 Detail]

Download: New_York-2015-S06612-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          6612
                    IN SENATE
                                    February 1, 2016
                                       ___________
        Introduced  by  Sens.  RITCHIE,  YOUNG,  AKSHAR, AVELLA, BONACIC, BOYLE,
          CARLUCCI, CROCI, GALLIVAN, LAVALLE, MURPHY,  NOZZOLIO,  O'MARA,  ORTT,
          SEWARD,  VALESKY -- (at request of the Legislative Commission on Rural
          Resources) -- read twice and ordered printed, and when printed  to  be
          committed to the Committee on Mental Health and Developmental Disabil-
          ities
        AN  ACT  to  amend  the mental hygiene law, in relation to directing the
          commissioner of developmental disabilities to  establish  a  procedure
          through  which  persons  with developmental disabilities may choose to
          remain in a nonintegrated setting
          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 "employment first choice act".
     3    § 2. Legislative intent. The legislature  hereby  supports  increasing
     4  access  to  integrated employment settings for individuals with develop-
     5  mental disabilities. The legislature additionally finds,  however,  that
     6  the  policy  to  increase  integrated employment opportunities shall not
     7  preclude an individual's right to choose either an integrated or  nonin-
     8  tegrated  setting  in accordance with such individual's personal wishes.
     9  Furthermore, the legislature supports an individual's informed choice to
    10  remain in a nonintegrated setting in  order  to,  among  other  personal
    11  priorities,  retain  friendships,  continue their participation in their
    12  community as they so choose, and,  in  some  instances,  maintain  their
    13  ability to earn a paycheck.
    14    The  legislature, therefore, finds that individuals with developmental
    15  disabilities, who currently  participate  in  a  nonintegrated  setting,
    16  should be allowed to choose to remain in such a setting. To require such
    17  individuals  to transition out of this chosen environment undermines the
    18  guiding Supreme Court decision in Olmstead v. L.C., which held that  the
    19  Americans  with  Disabilities Act of 1990 requires placement of individ-
    20  uals with developmental disabilities in integrated settings rather  than
    21  nonintegrated  settings, but only when such a transfer is not opposed by
    22  the affected individual. The legislature, therefore, declares  this  act
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09273-07-6