NYAIL Disability Priority Agenda - bill status

The following relates to the NYAIL Disability Priority Agenda and the current status of Legislation still viable for passage this year:

Civil Rights

· Incorporate Title II of ADA into NYS Human Rights Law. A.781-B (Paulin) and S.5396 (Huntley) of 2009

Bill Status: The Title II bill passed the Assembly on May 11th as part of the Disability Awareness Day package, and currently sits in the Senate Investigations
and Government Operations Committee, whose Chair, Senator Craig Johnson, has put it on the Committee agenda for June 9. The SSAN has been active in calling
Senator Huntley and Senator Johnson to urge the movement of this bill to the floor for a vote.

· Waive the State’s sovereign immunity to claims under the ADA and Section 504. A.3651 (Lifton) and S.2833 (Krueger) of 2009

Bill Status: The waiver of sovereign immunity bill passed the Assembly on May 11th as part of the Disability Awareness Day package. The Senate bill, S.2833,
sponsored by Senator Kruger, has 10 cosponsors but has not moved in three months. It is currently in the Codes Committee, chaired by Senator Eric Schneiderman.
The SSAN has been making calls to Senator Schneiderman’s office to urge him to put it on the next committee agenda.

Election Reform

· Require all poll sites to comply with the accessibility guidelines of the ADA and eliminate the practice of granting waivers for inaccessible
sites. S.1058 (Addabbo) and A. 584 (Cahill) of 2009

Bill Status: The poll site access bill also passed the Assembly on May 11th. The Senate bill, S.1058, moved out of the Senate Election Committee and now
sits in the Finance Committee. The SSAN has been calling Senator Kruger, Chair of the Finance Committee, to urge him to include the bill on the committee’s
next meeting agenda, which is scheduled for Monday, June 8th at 1:30pm.

Other DPA issues:

Housing

· Incorporate the housing provisions of Section 504 of the Rehabilitation Act into state law. A.7851 (Titus) of 2009

Bill Status: The 504 bill, sponsored by Assemblywoman Titus, passed the Assembly on May 11th as part of the Disability Awareness Day package. Assemblywoman
Titus is still looking for a Democratic Senator to introduce a same-as. It is unlikely that this bill will see any major movement in the Senate this legislative
session.

· Establish standards for “visitability” in State law to require all newly constructed single-family houses, townhouses and ground-floor units of
duplexes and triplexes built with public funds to be made accessible. S.1499 (DeFrancisco) of 2009

There has been a great deal of momentum around visitability given the recently introduced national legislation and AARP’s involvement in the issue. The
NYAIL Housing Subcommittee is working to amend language of the current bill and have it introduced by the majority in both houses, in hopes of getting
it passed next legislative session.

Transportation

· Require transportation service providers, such as taxis, limousines and shuttle services, to purchase accessible vehicles or otherwise ensure
that they have the capacity to serve people with disabilities. A.5549 (Titus) and S.4011 (Morahan) of 2009

The accessible taxi bill remains in the Transportation Committee of both houses. NYAIL Transportation Subcommittee is working closely with Assemblywoman
Titus and Kim Hill, Executive Director of the Assembly Task Force for People with Disabilities, on getting this bill moving in hopes of seeing it pass
next session.

Education

· Establish a definition and standard for physical restraint in public schools. Require documentation by the school and written notification to
the parent when restraint is used. A.1862 (Nolan) of 2009

Restraint is getting a lot of attention on the national level given the recent congressional hearings on this issue. Assemblywoman Nolan’s office has been
working closely with the NYAIL Inclusive Education Subcommittee to secure a Senate sponsor for the restraint bill and help move it forward.

Mental Health

· Amend state Social Services Law Section 384-b to eliminate subdivisions (4)(c) and (6)(a-e), which permit termination of parental rights on the
basis of mental illness or mental retardation. S. 2835 (Huntley) and A.6668 (Rivera) of 2009

The termination of parental rights bill has roused a great deal of attention this legislative session among legislators, agencies, and advocates. NYAIL
is one of over 40 organizations that have signed on to the Coalition Against Parental Termination Discrimination, in support of this bill. The sponsors
of the bill, Senator Huntley and Assemblyman Rivera, have asked state agencies to work with advocates and other stakeholders to come up with a series of
recommendations and report to the Legislature by January 15, 2010.

Most Integrated Setting

· Ensure that all individuals with disabilities have the right to choose and receive services in the most integrated setting. Establish a presumption
that community-based services are more appropriate than institutional or segregated settings. Require all State agencies to promote such integration through
a plan and annual report. A.5112 (Destito) and S.3265 (Griffo) of 2009

The most integrated services bill currently sits in the Government Operations Committee of both houses. As we continue to track this bill, NYAIL has begun
to develop a global strategy for advocating for the most integrated setting.

Other issues of importance:

· Legislation to make Timothy’s Law permanent, A.8611/S.5672, gained strong legislative support by being introduced by Governor Paterson on May
5th. NYAIL continues to work closely with NYAPRS, MHANYS, and other advocacy organizations by responding to ongoing alerts to get this bill passed this
year.

· The Disability History Week bill, A.2242/S.3159, remains in the Education Committee of both houses. The SSAN has been activated to call their
local legislators and ask for their support in moving this bill forward.

· The bill to cap paratransit fares, S.2933 (Duane) / A.6489 (Kellner), has been of interest to many of our members. The Senate bill is in the
Finance Committee and on the calendar for Monday, June 8th. The Assembly bill remains in the Ways and Means Committee. NYAIL will continue to track the
status of the bill.
Federal Issues

Community Choice Act (HR1670) - The U.S. Senate and House are preparing the health reform package as we speak, with full intentions of passing something
THIS YEAR. Thanks to the efforts of the SSAN, Senator Schumer, Senator Gillibrand, and 14 New York Representatives have signed on to cosponsor the Community
Choice Act. The SSAN has participated in two national call-ins that have generated over 10,000 calls to the Senate and House, urging them to include the
Community Choice Act in Health Care Reform to end the institutional bias. We will keep you posted as the process progresses. If your representative has
not yet signed on, continue to urge them to do so!

Please post any questions you may have.

Charlie Reichardt
Systems Advocate
Catskill Center for Independence