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A03718 Summary:

COSPNSRButtenschon, Colton, Santabarbara, Cunningham, Taylor, Shimsky, Eachus, Levenberg, Kelles, Cook
MLTSPNSRDinowitz, Glick, Paulin, Rosenthal L
Amd §§292 & 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.
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A03718 Text:

                STATE OF NEW YORK
                               2023-2024 Regular Sessions
                   IN ASSEMBLY
                                    February 7, 2023
        Introduced  by M. of A. EPSTEIN, BUTTENSCHON -- Multi-Sponsored by -- M.
          of A.  DINOWITZ, GLICK, PAULIN, L. ROSENTHAL -- 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  Assem-
        bly, do enact as follows:
     1    Section  1.  Legislative  intent. With the enactment of chapter 988 of
     2  the laws of 1974, the legislature began to extend to people  with  disa-
     3  bilities  guarantees  that  such  individuals would not be discriminated
     4  against on the basis of their disability in employment,  use  of  public
     5  accommodations  and  in  a  broad  range  of  other areas and activities
     6  subject to the requirements of the human rights provisions of the execu-
     7  tive law.  The federal Americans with Disabilities Act, enacted in 1990,
     8  has extended similar protections throughout the nation.   While  current
     9  state  requirements are consistent with those adopted by Congress in the
    10  Americans with Disabilities Act, the federal statute explicitly includes
    11  a number of requirements which are implicit in state law.  The  legisla-
    12  ture  adopts this measure to reiterate this state's commitment to assur-
    13  ing people with disabilities full access under state law to all  of  the
    14  rights  and remedies to which they are entitled under the Americans with
    15  Disabilities Act, consistent with current policies and practices of  the
    16  state  division  of  human rights, and to continue New York's preeminent
    17  role as a leader in guaranteeing equal rights and opportunities  to  all
    18  of its citizens.
    19    §  2.  Section  292  of  the  executive law is amended by adding a new
    20  subdivision 42 to read as follows:
    21    42. The term "public entity" means the state or any political subdivi-
    22  sion thereof and any department, agency,  special  purpose  district  or
    23  other instrumentality of the state or local government.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 3718                             2
     1    §  3.  Section  296  of the executive law is amended by adding two new
     2  subdivisions 3-c and 3-d to read as follows:
     3    3-c.  It  shall  be an unlawful discriminatory practice for any public
     4  entity to exclude a person with a disability  who  meets  the  essential
     5  eligibility  requirements  from participation in or deny such person the
     6  benefits of services, programs, or activities of a public entity  solely
     7  by reason of such disability or to subject such person with a disability
     8  to discrimination by any such entity.
     9    3-d.  It  shall  be  an  unlawful discriminatory practice for a public
    10  entity to refuse to make reasonable modifications to rules, policies, or
    11  practices, to refuse to remove architectural, communication,  or  trans-
    12  portation barriers, or to refuse to provide auxiliary aids and services,
    13  including  but  not limited to support services for people with impaired
    14  hearing or vision  and  acquisition  or  modification  of  equipment  or
    15  devices, to a person with a disability who meets the essential eligibil-
    16  ity requirements which will allow such an individual to receive services
    17  or  participate in programs or activities provided by a public entity in
    18  the most integrated manner possible.
    19    § 4. This act shall take effect on the first of January next  succeed-
    20  ing the date on which it shall have become a law.
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