BILL NUMBER:S2407

TITLE OF BILL:
An act
to amend the executive law, in relation to certain unlawful
discriminatory practices

PURPOSE:
The purpose of this bill is to clarify the scope of
protections against discrimination on the basis of disability in
services provided by public entities.

SUMMARY OF PROVISIONS:
Section one of this bill adds two new
subdivisions, 35 and 36, to section 292 of the executive law. New
subdivision 35 defines the term "public entity" to mean the state or
any political subdivision including any department, agency, special
purpose district, or other instrumentality of state or local
government. Subdivision 36 would add to the term "auxiliary aids and
services." Under this new section, these services would include
qualified interpreters or readers for the hearing or visually
impaired, acquisition or modification of equipment and other similar
services and actions.

Section two of this bill would amend section 296 of the executive law
to add three new subdivisions, three-c, three-d, and three-e. The new
              

subdivision three-c would not allow public entities to deny services,
programs or activities to exclude a qualified person with a
disability based on such disability. Subdivision three-d would also
make it an unlawful discriminatory practice for a public entity to
refuse to make reasonable modifications to rules, policies or
practices, remove architectural, communication or transportation
barriers or refuse to provide auxiliary aids and services to a person
with a disability, unless they can show that to do so would pose an
undue hardship. Subdivision three provides that to the extent that
certain public transportation entities are covered by Subtitle B
Title II of the Americans with Disabilities Act of 1990,42 USC 12141
et seq., such entities shall not be subject to the requirements of
subdivisions three-c and three-d of this section.

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 government entities. For several 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 governments 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, it 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 has in the
past devoted and in the future is also expected to devote to ADA
enforcement the availability of state enforcement mechanisms through
the Human Rights Law is essential to assure adequate protections
against discrimination on the basis of disability in the area of
government services.

Furthermore, it adds consistency for government entities that are
attempting to assist people with disabilities by putting the federal
requirements in state law. And finally, it secures these protections
in state law, should they be challenged in federal court.

LEGISLATIVE HISTORY:
A.10676, 2010 passed Assembly.
Same as S.7482,
2010 passed Senate. Vetoed. (Veto No. 6720 of 2010). A.71l of 2009,
passed Assembly. Same as S.5396 passed Senate. Vetoed (Veto No. 61 of
2009). A.6303B, 2007 and 2008 passed Assembly. Same as S.7020A, 2008
referred to investigations and governmental operations.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the one
hundred
twentieth day after it shall have become law.