Now that primary day is in the past and everyone has had the opportunity to use an electronic voting machine, what were your experiences? Do you prefer using the new Optical Scanner as opposed to the lever machines? Did you find the new machine to be accessible?
I would appreciate any comments.
Thanks much in advance.
Charlie Reichardt
Wednesday, September 15, 2010
Tuesday, September 14, 2010
Urge Governor to Sign the Poll Site Acdess bill
Governor Paterson has until Friday to act on the Poll Site Access Bill. The Governor's office needs to hear from us!
Action: Call the Governor's office at 518-474-8390 and leave a message urging the Governor to sign the Poll Site Access Bill into law. If you or someone you know with a disability encountered accessibility issues at the poll site for today's primary elections, incorporate that into your message.
Action: Call the Governor's office at 518-474-8390 and leave a message urging the Governor to sign the Poll Site Access Bill into law. If you or someone you know with a disability encountered accessibility issues at the poll site for today's primary elections, incorporate that into your message.
Wednesday, September 8, 2010
Monday, August 30, 2010
Message from Governor Paterson
Message from David A. Paterson
the New York State Executive Chamber, State Capitol, Albany, NY 12224.
My Fellow New Yorkers,
I am writing to you today to let you know about a new temporary statewide insurance option for uninsured legal residents who have medical conditions. This new plan, called the NY Bridge Plan, is New York’s version of the Pre-Existing Condition Insurance Plan that was created under federal health care reform. The NY Bridge Plan is a valuable product of health care reform in that it provides health insurance coverage at a lower price than other options currently available in the individual market. Through the NY Bridge Plan, premiums will be $362/month for residents of upstate counties and $421/month for residents of downstate counties. A list of upstate and downstate counties is available in the NY Bridge Plan brochure.
Health insurance coverage is essential to having access to care. Through this program, more New Yorkers who need medical care will be able to receive it. The NY Bridge Plan covers a broad range of services, including primary and specialty care, inpatient and outpatient hospital care, and prescription drugs, as well as assistance from professional nurses and caseworkers to help members manage chronic conditions and maintain overall health. Coverage for a pre-existing condition begins right away, with no waiting period. Eligibility for this program is not based on income. To be eligible to apply, individuals must:
•Be a legal U.S. resident;
•Be a resident of New York State;
•Have a pre-existing medical condition;
•and not have had health care coverage for the last six months.
Applications are available now. Enrollment is on a first-come, first-served basis. If the NY Bridge Plan reaches capacity, a waiting list will be established. Coverage will be effective October 1, 2010, and will be available until January 2014, when more health insurance coverage options become available through a new Health Insurance Exchange.
More information on the NY Bridge Plan, including the application and brochure, is available through www.healthcarereform.ny.gov. I encourage you to apply for this program if you are eligible, and to also help us spread the word about this new health insurance option to your uninsured family and friends.
Best,
David A. Paterson
Governor of New York State
the New York State Executive Chamber, State Capitol, Albany, NY 12224.
My Fellow New Yorkers,
I am writing to you today to let you know about a new temporary statewide insurance option for uninsured legal residents who have medical conditions. This new plan, called the NY Bridge Plan, is New York’s version of the Pre-Existing Condition Insurance Plan that was created under federal health care reform. The NY Bridge Plan is a valuable product of health care reform in that it provides health insurance coverage at a lower price than other options currently available in the individual market. Through the NY Bridge Plan, premiums will be $362/month for residents of upstate counties and $421/month for residents of downstate counties. A list of upstate and downstate counties is available in the NY Bridge Plan brochure.
Health insurance coverage is essential to having access to care. Through this program, more New Yorkers who need medical care will be able to receive it. The NY Bridge Plan covers a broad range of services, including primary and specialty care, inpatient and outpatient hospital care, and prescription drugs, as well as assistance from professional nurses and caseworkers to help members manage chronic conditions and maintain overall health. Coverage for a pre-existing condition begins right away, with no waiting period. Eligibility for this program is not based on income. To be eligible to apply, individuals must:
•Be a legal U.S. resident;
•Be a resident of New York State;
•Have a pre-existing medical condition;
•and not have had health care coverage for the last six months.
Applications are available now. Enrollment is on a first-come, first-served basis. If the NY Bridge Plan reaches capacity, a waiting list will be established. Coverage will be effective October 1, 2010, and will be available until January 2014, when more health insurance coverage options become available through a new Health Insurance Exchange.
More information on the NY Bridge Plan, including the application and brochure, is available through www.healthcarereform.ny.gov. I encourage you to apply for this program if you are eligible, and to also help us spread the word about this new health insurance option to your uninsured family and friends.
Best,
David A. Paterson
Governor of New York State
Monday, August 23, 2010
NYAIL and Advocacy Update
NYAIL and Advocacy Updates:
Much to our dismay, Governor Paterson vetoed both housing bills in the Disability Priority Agenda last week - S.7800/A.9757 (would incorporate the housing provisions of Section 504 of the Rehabilitation Act into State law) and S.7613/A.10689 (would make discrimination by landlords based on a tenant's source of income illegal under State Human Rights Law). We have been in touch with both sponsor's offices and intend to work with them on the bills to get them re introduced and passed next year with a new Governor in office. NYAIL issued a press release in response to the vetoes, which was distributed to the network along with both veto messages. If you did not receive either, please reply to Lindsay and she will resend.
• NYAIL has been in constant communication with the Governor’s office regarding the poll site access bill. We anticipate the bill will be sent to the Governor’s office soon, and will kick off our e-advocacy efforts when it does.
NYAIL, along with CDR and CDPAANYS, has been advocating for the NYS Department of Health to exercise its authority as the oversight agency of the Medicaid program to intervene in Monroe County's dispute with the Center for Disability Rights regarding the Consumer Directed Personal Assistance Program. Monroe county's allegations against CDR are based on a complete misunderstanding of the consumer directed personal assistance program and will have statewide implications if allowed to stand. More than 300 consumers and 700 aides lives were thrown into turmoil by the county's actions, and today is the county’s new extended deadline for consumers to switch to one of 5 for-profit providers designated by the county. CDR and the county are also in court today on the county's motion to dismiss CDR's lawsuit challenging the decision to end CDR's contract. The action of the county also represents a challenge to community-based individual and systemic advocacy by ILCs on behalf of the people we serve, even as ILCs have county contracts in place to provide services. For more details, visit CDR’s website at www.cdrnys.org or call Lindsay or Melanie.
What follows is an article from Gannett News on August 14th which provides a good overview of the budget process and deficits we’ve experienced thus far, and what’s likely to come down the road. So far this year we’ve been successful in avoiding cuts to Independent Living Centers and we stopped the proposed 12 hour personal care cap. Sustained advocacy efforts will be necessary should we face mid-year budget cuts, including to close the $1billion gap predicted by some analysts.
Will This Year's State Budget Hold Together?
By
Joseph Spector
Gannett News
August 14, 2010
In April 2008, lawmakers and Gov. David Paterson closed a $4.6 billion budget gap. A few months later, as the economy dived, a $2 billion midyear deficit emerged.
A year later, state leaders closed a massive $18 billion deficit, but just as soon as the ink dried, Paterson was warning of a $3 billion hole later that year. His predictions proved true, leading lawmakers to cobble together a plan in late December to balance the state's books.
This month, lawmakers and Paterson agreed to close a $9.2 billion deficit in the current fiscal year through an array of new taxes and spending cuts.
So once again, the question arises: Is this year's budget made of bricks and mortar or sticks and straw?
State officials believe the budget with hold together.
They estimate the midyear gaps over the past two years that played havoc on New York's finances -- which led the state to essentially go broke twice since December and forced delays of billions of dollars in aid to schools and local governments -- shouldn't happen again this fiscal year, which runs until March 31.
The budget has fallen out of balance in recent years because spending outpaced revenue as the economy soured and tax revenue fell.
Paterson, who has been credited with sounding the alarm over the state's financial woes, said he expects the budget to stay in balance. Revenues have stabilized and some spending cuts were made, he has said.
The state also received good news this week: about $1.4 billion in federal aid is coming for Medicaid and schools and $380 million is expected from a licensing agreement to allow Aqueduct Race Track in Queens to have video lottery terminals.
"We're in a much, much better situation than we were this time last year when I was telling you we were $3 billion in debt," Paterson said Thursday in a radio interview.
Paterson's budget director, Robert Megna, was less definitive, but also optimistic. But Megna said the state still has cash-flow issues that will force later payments to schools next month.
"Is it out of the realm of possibility that we'd have to deal with a problem again within the fiscal year? No. But we are a lot more confident that we're in better shape," Megna told Gannett's Albany Bureau.
But for some lawmakers and fiscal experts, they've heard similar promises made before. Some critics said the $136 billion budget spends too much during an economic downturn and relies on risky revenue raisers, such as $300 million from lifting the exemption starting in October on sales tax on clothes purchases under $110.
"I don't see how" the budget stays balanced, said Assemblyman David Koon, D-Perinton, Monroe County, who voted against the budget. "It's like a farmer using bailing wire and duct tape."
Some analysts indicated they would expect a budget gap to emerge of less than $1 billion this year, which would be more manageable than the recent midyear gaps.
Elizabeth Lynam, deputy research director at the Citizens Budget Commission, said a gap of $500 million is possible if the economy doesn't worsen. Robert Ward, deputy director of the Albany-based Rockefeller Institute, said it could be about $1 billion, which the governor might be able to manage with agency cuts and other cutbacks.
"I would suspect that the governor may have to take some action," Ward said. "I don't expect there will be problems so severe that the Legislature has to get involved."
But the budget is not without risks. The state, for example, is banking on $440 million in revenue from a $1.60 tax increase on a pack of cigarettes and a tax on cigarettes sold on Indian reservations to non-tribal members.
The cigarette tax, which at $4.35 a pack gives New York the highest tax in the country, is already forcing New Yorkers out of state to buy cigarettes, which may cut into the revenue anticipated. And Indian tribes are expected to fight the tax on their reservations, which starts Sept. 1.
In all, Comptroller Thomas DiNapoli said in an estimate last month that the budget could be out of whack by as much as half the $9.2 billion deficit, but that was before the federal aid and the Aqueduct license came through.
Still, the state's fiscal picture doesn't get any rosier in future years. State officials estimate next year's budget gap could be as much as $9 billion and as high as $15 billion in the 2012-13 fiscal year, when most of the federal stimulus money that the state has been receiving runs out.
This year's budget relies on about $5.7 billion in stimulus aid, the comptroller's office said. Also, higher income taxes on the wealthy are set to expire in two years, which this year is expected to bring in about $5.5 billion.
In DiNapoli's report, he notes: "Despite a consensus that the budget process is badly flawed and a chorus of public and private proposals for budgetary and fiscal reform, the enacted budget contains no reforms that would help impose the fiscal discipline necessary to realign recurring spending with recurring revenue."
Much to our dismay, Governor Paterson vetoed both housing bills in the Disability Priority Agenda last week - S.7800/A.9757 (would incorporate the housing provisions of Section 504 of the Rehabilitation Act into State law) and S.7613/A.10689 (would make discrimination by landlords based on a tenant's source of income illegal under State Human Rights Law). We have been in touch with both sponsor's offices and intend to work with them on the bills to get them re introduced and passed next year with a new Governor in office. NYAIL issued a press release in response to the vetoes, which was distributed to the network along with both veto messages. If you did not receive either, please reply to Lindsay and she will resend.
• NYAIL has been in constant communication with the Governor’s office regarding the poll site access bill. We anticipate the bill will be sent to the Governor’s office soon, and will kick off our e-advocacy efforts when it does.
NYAIL, along with CDR and CDPAANYS, has been advocating for the NYS Department of Health to exercise its authority as the oversight agency of the Medicaid program to intervene in Monroe County's dispute with the Center for Disability Rights regarding the Consumer Directed Personal Assistance Program. Monroe county's allegations against CDR are based on a complete misunderstanding of the consumer directed personal assistance program and will have statewide implications if allowed to stand. More than 300 consumers and 700 aides lives were thrown into turmoil by the county's actions, and today is the county’s new extended deadline for consumers to switch to one of 5 for-profit providers designated by the county. CDR and the county are also in court today on the county's motion to dismiss CDR's lawsuit challenging the decision to end CDR's contract. The action of the county also represents a challenge to community-based individual and systemic advocacy by ILCs on behalf of the people we serve, even as ILCs have county contracts in place to provide services. For more details, visit CDR’s website at www.cdrnys.org or call Lindsay or Melanie.
What follows is an article from Gannett News on August 14th which provides a good overview of the budget process and deficits we’ve experienced thus far, and what’s likely to come down the road. So far this year we’ve been successful in avoiding cuts to Independent Living Centers and we stopped the proposed 12 hour personal care cap. Sustained advocacy efforts will be necessary should we face mid-year budget cuts, including to close the $1billion gap predicted by some analysts.
Will This Year's State Budget Hold Together?
By
Joseph Spector
Gannett News
August 14, 2010
In April 2008, lawmakers and Gov. David Paterson closed a $4.6 billion budget gap. A few months later, as the economy dived, a $2 billion midyear deficit emerged.
A year later, state leaders closed a massive $18 billion deficit, but just as soon as the ink dried, Paterson was warning of a $3 billion hole later that year. His predictions proved true, leading lawmakers to cobble together a plan in late December to balance the state's books.
This month, lawmakers and Paterson agreed to close a $9.2 billion deficit in the current fiscal year through an array of new taxes and spending cuts.
So once again, the question arises: Is this year's budget made of bricks and mortar or sticks and straw?
State officials believe the budget with hold together.
They estimate the midyear gaps over the past two years that played havoc on New York's finances -- which led the state to essentially go broke twice since December and forced delays of billions of dollars in aid to schools and local governments -- shouldn't happen again this fiscal year, which runs until March 31.
The budget has fallen out of balance in recent years because spending outpaced revenue as the economy soured and tax revenue fell.
Paterson, who has been credited with sounding the alarm over the state's financial woes, said he expects the budget to stay in balance. Revenues have stabilized and some spending cuts were made, he has said.
The state also received good news this week: about $1.4 billion in federal aid is coming for Medicaid and schools and $380 million is expected from a licensing agreement to allow Aqueduct Race Track in Queens to have video lottery terminals.
"We're in a much, much better situation than we were this time last year when I was telling you we were $3 billion in debt," Paterson said Thursday in a radio interview.
Paterson's budget director, Robert Megna, was less definitive, but also optimistic. But Megna said the state still has cash-flow issues that will force later payments to schools next month.
"Is it out of the realm of possibility that we'd have to deal with a problem again within the fiscal year? No. But we are a lot more confident that we're in better shape," Megna told Gannett's Albany Bureau.
But for some lawmakers and fiscal experts, they've heard similar promises made before. Some critics said the $136 billion budget spends too much during an economic downturn and relies on risky revenue raisers, such as $300 million from lifting the exemption starting in October on sales tax on clothes purchases under $110.
"I don't see how" the budget stays balanced, said Assemblyman David Koon, D-Perinton, Monroe County, who voted against the budget. "It's like a farmer using bailing wire and duct tape."
Some analysts indicated they would expect a budget gap to emerge of less than $1 billion this year, which would be more manageable than the recent midyear gaps.
Elizabeth Lynam, deputy research director at the Citizens Budget Commission, said a gap of $500 million is possible if the economy doesn't worsen. Robert Ward, deputy director of the Albany-based Rockefeller Institute, said it could be about $1 billion, which the governor might be able to manage with agency cuts and other cutbacks.
"I would suspect that the governor may have to take some action," Ward said. "I don't expect there will be problems so severe that the Legislature has to get involved."
But the budget is not without risks. The state, for example, is banking on $440 million in revenue from a $1.60 tax increase on a pack of cigarettes and a tax on cigarettes sold on Indian reservations to non-tribal members.
The cigarette tax, which at $4.35 a pack gives New York the highest tax in the country, is already forcing New Yorkers out of state to buy cigarettes, which may cut into the revenue anticipated. And Indian tribes are expected to fight the tax on their reservations, which starts Sept. 1.
In all, Comptroller Thomas DiNapoli said in an estimate last month that the budget could be out of whack by as much as half the $9.2 billion deficit, but that was before the federal aid and the Aqueduct license came through.
Still, the state's fiscal picture doesn't get any rosier in future years. State officials estimate next year's budget gap could be as much as $9 billion and as high as $15 billion in the 2012-13 fiscal year, when most of the federal stimulus money that the state has been receiving runs out.
This year's budget relies on about $5.7 billion in stimulus aid, the comptroller's office said. Also, higher income taxes on the wealthy are set to expire in two years, which this year is expected to bring in about $5.5 billion.
In DiNapoli's report, he notes: "Despite a consensus that the budget process is badly flawed and a chorus of public and private proposals for budgetary and fiscal reform, the enacted budget contains no reforms that would help impose the fiscal discipline necessary to realign recurring spending with recurring revenue."
Wednesday, August 18, 2010
Urge Congress to Raise Asset Limit for Individuals with Disabilities
Action: We are one step closer to reforming federal asset limits for millions of low-income Americans with disabilities.
Call your representative at (202) 224-3121 and urge them to support reforming the SSI asset test by co-sponsoring H.R. 4937.
Call your representative at (202) 224-3121 and urge them to support reforming the SSI asset test by co-sponsoring H.R. 4937.
Tuesday, August 17, 2010
Housing Bills Vetoed - Our Governor Does It Once Again
housing bills vetoed
Unfortunately, S.7800/A.9757 (would incorporate the housing provisions of Section 504 of the Rehabilitation Act into State law) and S.7613/A.10689 (would make discrimination by landlords based on a tenant's source of income illegal under State Human Rights Law) were two of 34 bills that Governor Paterson vetoed this weekend. Included below is Governor Paterson’s press release.
http://www.state.ny.us/governor/press/081510acts_vetos.html
August 15, 2010 Governor Paterson Acts on 137 Bills; Vetoes 34 Bills Worth More Than $22.9 Million in Additional Spending
________________________________________
Governor David A. Paterson today announced that he has acted on 137 bills, including issuing 34 vetoes. Of those, 24 include either unfunded mandates to State agencies and local governments, unfunded grants, an unfunded mandate to energy providers that would be passed on to ratepayers, and a pension sweetener. For those bills that had specific cost estimates, the total amount of increased and unfunded spending was $22.9 million. Additionally, many of the bills that impose substantial cost have technical faults, lack a clear objective or will be difficult to implement, making it impossible to estimate savings.
"As I have said from my first day in office, these difficult economic times call for difficult decisions. The Legislature must take notice; after three years, I have been forced to veto more than one billion dollars in spending that they have delivered to my desk," Governor Paterson said. "This year, all of these bills were passed before the budget was complete, and yet there were few negotiations to include any funding for these programs. The Legislature must stop passing legislation that spends money that we can no longer afford. Enough is enough."
"State government simply can no longer operate with our heads in the sand," Governor Paterson added. "While I have signed hundreds of bills into law that will help improve the lives of all New Yorkers, I have an obligation and responsibility to reduce taxpayer costs beyond what our State can afford. Many of the bills I have vetoed are worthy projects with laudable goals, but in the face of this current fiscal crisis, we must adjust our budget priorities to reflect our economic reality."
During his time in office, Governor Paterson has vetoed more than $1.2 billion in spending, which includes approximately $570 million in line item vetoes this year alone. In 2008, Governor Paterson vetoed more than 170 bills, saving taxpayers approximately $580 million over two years. In 2009, Governor Paterson vetoed dozens of bills worth more than $50 million.
Governor Paterson also signed into law a package of four bills that would bring significant reform to New York's outdated divorce laws. In particular, the Governor signed into law A.9753A/S.3890, which would make New York the last State of the fifty to adopt no-fault divorce. The bill would end the requirement that a party seeking a divorce had to claim one of a limited set of reasons as the basis for doing so, a rule that forced parties to invent false justifications, and that prolonged and aggravated the painful divorce process.
The reform package also included legislation that would revise the process for setting awards of temporary maintenance while a divorce is pending, by creating a formula and list of factors that would presumptively govern such awards (A.10984/S.8390 and A11576/S.8391). This would allow for speedy resolution of the maintenance issue, and prevent less well-off parties to divorce proceedings from falling into poverty during litigation, because they lack the resources to obtain a temporary maintenance order. Another bill (A7569-A/S4532-A) would create a presumption that a less monied spouse in a divorce case is entitled to payment of attorneys' fees. Under current law, a party that cannot afford to secure representation in a divorce proceeding must make an application for fees at the end of the process, which can force a poor individual to proceed without a lawyer, or to surrender on important issues due to lack of means. These bills received strong support from women's groups, advocates for victims of domestic violence and legal aid organizations.
"Finally, New York has brought its divorce laws into the twenty-first century," Governor Paterson said. "These bills fix a broken process that produced extended and contentious litigation, poisoned feelings between the parties and harmed the interests of those persons – too often women – who did not have sufficient financial wherewithal to protect their legal rights. I commend the sponsors on providing a real and effective legislative solution to a problem that has for too long bedeviled ordinary New Yorkers."
Governor Paterson vetoed the following bills today:
A356/S2293-B: Creates the technology employment community hub (TECH) centers program to award grants to community colleges for skills training
A520/S5926: Requires counties to maintain a registry of people of all ages with disabilities for the purpose of evacuating and sheltering such persons during disasters
A779A/S2993-B: Directs the department of environmental conservation to periodically update the model environmental impact assessment form
A1135/S7976: Establishes program for familial dysautonomia and Tay-Sachs disease screening; authorizes department of health to provide grants
A1459/S2276: Provides for home cooling needs assistance through the low-income home energy assistance program
A2132/S4743: Provides that an offender who fails to register or verify as a sex offender shall have the length of such failure to register or verify added to the duration of registration
A2548/S7567: Includes assisted living residences within the definition of long term care facilities for certain purposes
A2692A/S5113: Provides reimbursement to fire companies for costs associated with responding to spills of hazardous materials
A2769A/S7657: Creates New York City parks, tree and urban forestry fund
A3419/S5689: Requires state agencies to report on greenhouse gas emissions as a result of their operations
A3421/S4958: Includes provisions where it is the duty of the department of environmental conservation to establish a method for individuals and businesses to calculate their greenhouse gas emissions
A3514A/S7852: Provides for furnishing transcript of trial of a defendant convicted of a homicide offense to a family member of the victim at no cost to the family member
A4671A/S3573-A: Relates to requiring utility companies to include a notice of public hearings concerning rate increases
A5220B/S2056-B: Creates the missing vulnerable adults clearinghouse
A5602/S8202: Authorizes and directs the department of health to conduct a study on drugs prescribed for school-age children with ADD and ADHD
A7153A/S7701: Authorizes and directs the department of transportation to prepare a report on noise abatement procedures at certain heliports and airports in the county of Suffolk
A7253A/S7551: Allows for a gift to the love your library fund on corporate and personal income tax return forms
A7885A/S7389: Authorizes appointment of local government historians
A779A/S2993-B: Amends the environmental law, in relation to updates of the model environmental impact assessment form
A8012/ S4687: Relates to the manner in which certain provisions of the correction law are enforced
A8296A/S7112: Establishes the New York State interagency coordinating council for service-disabled veterans, defines the powers and duties of the council, requires an annual report
A8489A/S1330: Identifies the criteria the commissioner of environmental conservation should consider in publishing a list of high local environmental impact zones
A9018A/S6000-A: Prohibits employers from discriminating against victims of domestic violence.
A9020A/S5999-A: Relates to preventing discrimination against victims of domestic violence from housing discrimination
A9757/S7800: Provides that programs or activities relating to housing which receives federal financial assistance shall comply with Federal Rehabilitation Act of 1973
A9774/S5202: Grants a waiver of the civil service examination fee to persons who have completed the displaced homemakers program or job training program
A9924A/S6827-A: Authorizes the dormitory authority of the state of New York to sell certain land in the county of Queens to the Indian Cultural and Community Center, Inc.
A10180/S7379: Establishes an address confidentiality program in the office of the secretary of state for domestic violence victims who need to maintain secrecy of their location
A10212A/S4211-B: Legalizes actions of the Oyster Bay - East Norwich central school district with respect to certain building aid contracts
A10689A/S7613-A: Relates to rental discrimination based on income
A11330A/S8022: Relates to a report on the capacity and staffing of the state prison system
S1736B/A1249-C: Relates to qualifications for certain appointed positions with the board of trustees for the state university and CUNY
S7410B/A6036-B: Prohibits a producer or refiner from selling, transferring, or assigning interest in a retail outlet leased to a motor fuel dealer
S8225/A1142-A: Provides alternate retirement benefits for employees of the power authority of the state of New York, who are employed at the Charles Poletti Power Project
Additionally, Governor Paterson signed 102 bills into law, including:
A619/S5108: Relates to uninterrupted payment of disability benefits
A2257B/S1606-B: Expands when a person is guilty of criminal trespass in the second degree
A2876/S4090: Grants the court of claims jurisdiction to hear and determine claims against the state for retaliatory personnel actions
A2900A/S946-A: Authorizes Bethel A.M.E. Church to file applications for a real property tax exemption with the city of Schenectady
A3103A/S4018-A: Adds registered nurse and licensed practical nurse to assault of emergency medical professionals and provides for class C and D felonies for physical injury to them
A3397/S4981: Requires model zoning and planning guidelines that foster age-integrated communities to provide for mixed-use development for senior residential housing
A3467B/S7820-A: Relates to the humane treatment of animals and rights of students relative to dissection
A3762/S3475: Relates to the transportation and possession of a slot machine under certain circumstances
A4916/S4651: Establishes that insurers providing rental vehicle reimbursement coverage shall not require an insured to utilize a particular rental vehicle company
A5707A/S5029-A: Requires owners of buildings receiving state benefits to make available rooms for voting and registration which are accessible to the handicapped
A5823/S1901: Requires commercial pesticide applicators to provide notice to residents of multiple family dwellings prior to the application of pesticide on such premises
A6195A/S2972-A: Authorizes family court in family offense proceedings to extend an order of protection upon showing of good cause or consent
A6241C/S6694-B: Authorizes Gibson Meeting Halls, Inc. to apply for real property tax exemptions on certain parcels in the county of Nassau
A6509B/S5615-A: Relates to providing unlisted numbers for domestic violence victims
A7203C/S285-C: Requires veterinarians and veterinary technicians to complete continuing education
A7569A/S4532-A: Provides for the payment of all counsel and expert fees in matrimonial actions by the more monied party to such action
A7593B/S4208-B: Relates to utility service call centers
A7617/S4498: Relates to a patient's right to palliative care information
A7670/S4429: Relates to motions to vacate judgment against victims of sex trafficking for certain prostitution offenses
A7917D/S5292-C: Relates to the requirement of exercising due care in the operation of a motor vehicle to avoid colliding with any bicyclist, pedestrian or domestic animal
A7923/S3644: Relates to requiring at least one employee at a child day care facility or family day care home to be trained and certified in cardiopulmonary resuscitation and first aid
A7924A/S5342-A: Authorizes the filing of an application for real property tax exemption by Congregation Mesifta Beth Shraga
A7987B/S4303-B: Relates to farm waste net energy metering
A8076A/S4194-A: Authorizes certain police officers employed by the village of Lyons to join the twenty year retirement plan
A8199B/S1260-B: Authorizes New Creation in Christ Ministries, Inc. to file applications for a real property tax exemption with the city of Schenectady
A8220/S4199: Relates to the board of trustees of the higher education services corporation
A8392C/S7299-A: Makes technical corrections to provisions establishing powers of attorney for financial estate planning
A8393A/S5696-A: Provides that orders of protection shall not be denied solely on the basis that the events alleged are not contemporaneous with the application therefore
A8504/S4388: Relates to trial discharges of youth in foster care and voluntary re-placements of older adolescents in foster care
A8524/S3868-A: Authorizes the family court, in certain situations, to restore a birth parent's parental rights after they have been terminated
A8839A/S6034: Provides for enhanced consumer protection measures and enforcement of the do-not-call registry
A9186B/S6079-B: Criminalizes assault on a sanitation enforcement agent
A9550A/S7723: Relates to admission to adult care facilities
A9746/S7045: Authorizes the Community Outreach Center to file an application for a real property tax exemption
A9838/S7647: Relates to eligibility under the naturally occurring retirement community supportive service program
A9857C/S8GV056: Provides for the interpretation of trust and will clauses relating to federal estate taxes and generation-skipping transfer taxes when the decedent dies during 2010
A9944/S6858: Makes technical corrections to provisions of law relating to rates of payment for residential health care facilities
A9979/S6976: Authorizes the Greater Utica Community Food Resources, Inc. to file an application for a real property tax exemption
A10025A/S6975-A: Authorizes the Long Island Progressive Missionary Baptist Churches General Association to file an application for a real property tax exemption
A10050A/S7202-A: Authorizes assessor of county of Nassau to accept an application for exemption from real property taxes from S.N. Services Corporation
A10094B/S6993-B: Relates to information and access to breast reconstructive surgery
A10164/S7037: Makes the mayor the administrative head and executive secretary of the Schenectady urban renewal agency
A10213/S7074: Extends the period of time the Brookville library funding district may be established
A10219A/S7408-A: Relates to insurance coverage for drugs used in cancer treatment
A10226/S7139: Requires the required notice of foreclosure to tenants to include a notice of the rights of rent-regulated tenants
A10507A/S7584: Authorizes use of lever voting machines for school elections
A10512A/S7386-A: Authorizes the assessor of the town of Babylon to accept an application for exemption from real property taxes for certain parcels of land located in North Amityville
A10741/S7456: Increases the composition of the September 11th worker protection task force and extends the expiration of such chapter
A10779/S8031: Allows county of Putnam to retroactively apply for a tax exemption on property in the town of Carmel
A10851A/S8013: Grants chief administrator of the courts authority to allow referees to determine certain applications to a family court for an order of protection
A10857A/S7378-A: Relates to revocation of a liquor license for cause
A10869/S7677: Relates to making real property tax receipts available online
A10875/S7730: Extends from January 1, 2011 until January 1, 2015, the expiration of provisions of law relating to tax exemptions for solar, wind, or farm waste energy systems
A10878A/S7811-A: Prohibits the implementation of electronic billing and/or payment of rent without the tenant's consent
A10908B/S7118-A: Authorizes limited licenses to self-service storage companies for the sale of insurance on personal property stored at the facility
A10939/S7755: Repeals title 37 of article 15-B of the general municipal law relating to the establishment of the Port Chester community development agency
A10982/S7757: Repeals title 20 of article 7 of the public authorities law relating to the creation of the Port Chester parking authority
A10984B/S8390: Establishes the provision of temporary maintenance in matrimonial actions, and directs the law revision commission to study the effects of divorce and maintenance
A11097/S8272: Relates to extending provisions of law relating to the underground facilities safety training account
A11289/S8087: Extends the effectiveness of the home based primary care for the elderly demonstration project through January 1, 2016
A11343/S7826: Extends the provisions of chapter 545 of the laws of 2003 relating to the assisted living program
A11351/S8060: Relates to providing for the construction of capital facilities for Broad Channel Volunteers, Inc.
A11364/S8045: Amends chapter 183 of the laws of 2003, authorizing Westchester County to lease certain parklands, to make technical changes
A11391/S8228: Expands eligibility for the shock incarceration program
A11566/S8376: Relates to paperwork reduction
A11568/S8378: Relates to fraud enforcement
A11612/S8424: Relates to rape crisis centers for services to rape victims and programs to prevent rape
S1180A/A231-A: Provides that the village of Rye Brook in the county of Westchester may impose an occupancy tax on rooms for hire
S2087B/A432-B: Relates to unlawful dissection, procurement and sale of human body tissue, organs and body parts
S2769A/A5895-A: Extends provisions of the volunteer firefighters' benefit law relating to claims for benefits when a firefighter suffers heart related death or disability until 2015
S3890A/A9753-A: Provides that spouses may be granted a judgment of divorce in a timely fashion provided they meet certain conditions
S3903A/A6154-B: Relates to cooperative bidding by libraries and library systems
S4601A/ A 8565-A: Relates to bond anticipation notes issued during calendar year 2004 or 2005
S4647B/A 5292-B: Enacts the "Ambrose-Searles move over act"
S4658B/A 2693-B: Requires all first-term members of boards of education to attend training sessions within six months of taking office
S5110/A 9471: Authorizes municipal reciprocal insurers to offer full faith and credit surety bonds for public officers
S5182A/A 8656-A: Relates to a license to manufacture and sell alcoholic beverages in a premises commonly known as a restaurant-brewer
S5746/A 8707: Validates, ratifies, and confirms expenditures made by the William Floyd union free school district
S5868/A 8934: Authorizes taxing authorities in a certain county to grant a real property tax exemption to volunteer firefighters and volunteer ambulance workers
S5953A/A 8978-A: Relates to providing a tax exemption for property owned by Our Lady of Mount Carmel Society of Rosebank
S6129A/A 9103-A: Authorizes the town board of the town of Hyde Park, in the county of Dutchess, to diminish the area of the Greenfields water district
S6139A/A 10316-A: Provides that Lighthouse Mission, Inc. may file an application for exemption from real property taxes for the 2008-2009 assessment roll
S6231C/A 9227-B: Relates to alcoholic beverage liquidator's permits and temporary retail permits
S6237A/A 9733-A: Designating a portion of state highway 812 in Ogdensburg as "Trooper Shawn W. Snow Street"
S6263C/A 9243-B: Enacts Ian's Law, which provides enhanced consumer protections in the event of an insurer's discontinuance of coverage
S6279A/ A 9501-A: Relates to preferences to veterans for rentals and selection of tenants by certain housing companies
S6419A/A 9484-A: Provides for the elimination of certain properties of the Westerlo Water District No. 1 inadvertently included within such district
S6455/A 9535: Extends provisions of chapter 105 of the laws of 2009 enabling the county of Albany to impose and collect taxes on occupancy of hotel or motel rooms in Albany county
S6671A/A 9804-A: Relates to an exchange of ownership and maintenance responsibility between the village of Medina and the state of New York regarding roads in such village
S6766/A 9827: Authorizes the city of Schenectady to accept an application for real property tax exemption from the Tabernacle of New Hope
S6948/A 10178-A: Enacts provisions relating to reciprocal insurers having a corporate attorney-in-fact wholly owned by subscribers at the reciprocal insurers
S6987A/A 10161-A: Relates to criminal obstruction of breathing or blood circulation and strangulation
S7327A/A 11041: Extends the city's energy cost savings program and lower Manhattan energy program
S7420/A 11238: Increases the bond and note authorization of the New York state housing finance agency
S7480A/A 10673-A: Relates to the sale of wine and beer for consumption upon the premises at the New York State Fair
S7485A/A 10617-A: Relates to the suspension of driving privileges
S7512A/A 9841-A: Allows consideration of in-kind support when determining grantees of the naturally occurring retirement communities supportive service program
S7815A/A 10957-A: Legalizes, validates, ratifies and confirms the establishment and funding of water district no. 7 in the town of Brutus, county of Cayuga
S7864/A 10611: Relates to significant programmatic accomplishments for limited credit time allowances for inmates
S7897/A 10993: Relates to vehicles passing bicycles
S8114/A 11396: Relates to an application for exemption from real property taxes by the House of Refuge Apostolic Church
S8391/A 11576: Chapter amends S. 4532-A and A. 7569-A, relating to counsel and expert fees in matrimonial actions, to change the effective date to 60 days after enactment
Unfortunately, S.7800/A.9757 (would incorporate the housing provisions of Section 504 of the Rehabilitation Act into State law) and S.7613/A.10689 (would make discrimination by landlords based on a tenant's source of income illegal under State Human Rights Law) were two of 34 bills that Governor Paterson vetoed this weekend. Included below is Governor Paterson’s press release.
http://www.state.ny.us/governor/press/081510acts_vetos.html
August 15, 2010 Governor Paterson Acts on 137 Bills; Vetoes 34 Bills Worth More Than $22.9 Million in Additional Spending
________________________________________
Governor David A. Paterson today announced that he has acted on 137 bills, including issuing 34 vetoes. Of those, 24 include either unfunded mandates to State agencies and local governments, unfunded grants, an unfunded mandate to energy providers that would be passed on to ratepayers, and a pension sweetener. For those bills that had specific cost estimates, the total amount of increased and unfunded spending was $22.9 million. Additionally, many of the bills that impose substantial cost have technical faults, lack a clear objective or will be difficult to implement, making it impossible to estimate savings.
"As I have said from my first day in office, these difficult economic times call for difficult decisions. The Legislature must take notice; after three years, I have been forced to veto more than one billion dollars in spending that they have delivered to my desk," Governor Paterson said. "This year, all of these bills were passed before the budget was complete, and yet there were few negotiations to include any funding for these programs. The Legislature must stop passing legislation that spends money that we can no longer afford. Enough is enough."
"State government simply can no longer operate with our heads in the sand," Governor Paterson added. "While I have signed hundreds of bills into law that will help improve the lives of all New Yorkers, I have an obligation and responsibility to reduce taxpayer costs beyond what our State can afford. Many of the bills I have vetoed are worthy projects with laudable goals, but in the face of this current fiscal crisis, we must adjust our budget priorities to reflect our economic reality."
During his time in office, Governor Paterson has vetoed more than $1.2 billion in spending, which includes approximately $570 million in line item vetoes this year alone. In 2008, Governor Paterson vetoed more than 170 bills, saving taxpayers approximately $580 million over two years. In 2009, Governor Paterson vetoed dozens of bills worth more than $50 million.
Governor Paterson also signed into law a package of four bills that would bring significant reform to New York's outdated divorce laws. In particular, the Governor signed into law A.9753A/S.3890, which would make New York the last State of the fifty to adopt no-fault divorce. The bill would end the requirement that a party seeking a divorce had to claim one of a limited set of reasons as the basis for doing so, a rule that forced parties to invent false justifications, and that prolonged and aggravated the painful divorce process.
The reform package also included legislation that would revise the process for setting awards of temporary maintenance while a divorce is pending, by creating a formula and list of factors that would presumptively govern such awards (A.10984/S.8390 and A11576/S.8391). This would allow for speedy resolution of the maintenance issue, and prevent less well-off parties to divorce proceedings from falling into poverty during litigation, because they lack the resources to obtain a temporary maintenance order. Another bill (A7569-A/S4532-A) would create a presumption that a less monied spouse in a divorce case is entitled to payment of attorneys' fees. Under current law, a party that cannot afford to secure representation in a divorce proceeding must make an application for fees at the end of the process, which can force a poor individual to proceed without a lawyer, or to surrender on important issues due to lack of means. These bills received strong support from women's groups, advocates for victims of domestic violence and legal aid organizations.
"Finally, New York has brought its divorce laws into the twenty-first century," Governor Paterson said. "These bills fix a broken process that produced extended and contentious litigation, poisoned feelings between the parties and harmed the interests of those persons – too often women – who did not have sufficient financial wherewithal to protect their legal rights. I commend the sponsors on providing a real and effective legislative solution to a problem that has for too long bedeviled ordinary New Yorkers."
Governor Paterson vetoed the following bills today:
A356/S2293-B: Creates the technology employment community hub (TECH) centers program to award grants to community colleges for skills training
A520/S5926: Requires counties to maintain a registry of people of all ages with disabilities for the purpose of evacuating and sheltering such persons during disasters
A779A/S2993-B: Directs the department of environmental conservation to periodically update the model environmental impact assessment form
A1135/S7976: Establishes program for familial dysautonomia and Tay-Sachs disease screening; authorizes department of health to provide grants
A1459/S2276: Provides for home cooling needs assistance through the low-income home energy assistance program
A2132/S4743: Provides that an offender who fails to register or verify as a sex offender shall have the length of such failure to register or verify added to the duration of registration
A2548/S7567: Includes assisted living residences within the definition of long term care facilities for certain purposes
A2692A/S5113: Provides reimbursement to fire companies for costs associated with responding to spills of hazardous materials
A2769A/S7657: Creates New York City parks, tree and urban forestry fund
A3419/S5689: Requires state agencies to report on greenhouse gas emissions as a result of their operations
A3421/S4958: Includes provisions where it is the duty of the department of environmental conservation to establish a method for individuals and businesses to calculate their greenhouse gas emissions
A3514A/S7852: Provides for furnishing transcript of trial of a defendant convicted of a homicide offense to a family member of the victim at no cost to the family member
A4671A/S3573-A: Relates to requiring utility companies to include a notice of public hearings concerning rate increases
A5220B/S2056-B: Creates the missing vulnerable adults clearinghouse
A5602/S8202: Authorizes and directs the department of health to conduct a study on drugs prescribed for school-age children with ADD and ADHD
A7153A/S7701: Authorizes and directs the department of transportation to prepare a report on noise abatement procedures at certain heliports and airports in the county of Suffolk
A7253A/S7551: Allows for a gift to the love your library fund on corporate and personal income tax return forms
A7885A/S7389: Authorizes appointment of local government historians
A779A/S2993-B: Amends the environmental law, in relation to updates of the model environmental impact assessment form
A8012/ S4687: Relates to the manner in which certain provisions of the correction law are enforced
A8296A/S7112: Establishes the New York State interagency coordinating council for service-disabled veterans, defines the powers and duties of the council, requires an annual report
A8489A/S1330: Identifies the criteria the commissioner of environmental conservation should consider in publishing a list of high local environmental impact zones
A9018A/S6000-A: Prohibits employers from discriminating against victims of domestic violence.
A9020A/S5999-A: Relates to preventing discrimination against victims of domestic violence from housing discrimination
A9757/S7800: Provides that programs or activities relating to housing which receives federal financial assistance shall comply with Federal Rehabilitation Act of 1973
A9774/S5202: Grants a waiver of the civil service examination fee to persons who have completed the displaced homemakers program or job training program
A9924A/S6827-A: Authorizes the dormitory authority of the state of New York to sell certain land in the county of Queens to the Indian Cultural and Community Center, Inc.
A10180/S7379: Establishes an address confidentiality program in the office of the secretary of state for domestic violence victims who need to maintain secrecy of their location
A10212A/S4211-B: Legalizes actions of the Oyster Bay - East Norwich central school district with respect to certain building aid contracts
A10689A/S7613-A: Relates to rental discrimination based on income
A11330A/S8022: Relates to a report on the capacity and staffing of the state prison system
S1736B/A1249-C: Relates to qualifications for certain appointed positions with the board of trustees for the state university and CUNY
S7410B/A6036-B: Prohibits a producer or refiner from selling, transferring, or assigning interest in a retail outlet leased to a motor fuel dealer
S8225/A1142-A: Provides alternate retirement benefits for employees of the power authority of the state of New York, who are employed at the Charles Poletti Power Project
Additionally, Governor Paterson signed 102 bills into law, including:
A619/S5108: Relates to uninterrupted payment of disability benefits
A2257B/S1606-B: Expands when a person is guilty of criminal trespass in the second degree
A2876/S4090: Grants the court of claims jurisdiction to hear and determine claims against the state for retaliatory personnel actions
A2900A/S946-A: Authorizes Bethel A.M.E. Church to file applications for a real property tax exemption with the city of Schenectady
A3103A/S4018-A: Adds registered nurse and licensed practical nurse to assault of emergency medical professionals and provides for class C and D felonies for physical injury to them
A3397/S4981: Requires model zoning and planning guidelines that foster age-integrated communities to provide for mixed-use development for senior residential housing
A3467B/S7820-A: Relates to the humane treatment of animals and rights of students relative to dissection
A3762/S3475: Relates to the transportation and possession of a slot machine under certain circumstances
A4916/S4651: Establishes that insurers providing rental vehicle reimbursement coverage shall not require an insured to utilize a particular rental vehicle company
A5707A/S5029-A: Requires owners of buildings receiving state benefits to make available rooms for voting and registration which are accessible to the handicapped
A5823/S1901: Requires commercial pesticide applicators to provide notice to residents of multiple family dwellings prior to the application of pesticide on such premises
A6195A/S2972-A: Authorizes family court in family offense proceedings to extend an order of protection upon showing of good cause or consent
A6241C/S6694-B: Authorizes Gibson Meeting Halls, Inc. to apply for real property tax exemptions on certain parcels in the county of Nassau
A6509B/S5615-A: Relates to providing unlisted numbers for domestic violence victims
A7203C/S285-C: Requires veterinarians and veterinary technicians to complete continuing education
A7569A/S4532-A: Provides for the payment of all counsel and expert fees in matrimonial actions by the more monied party to such action
A7593B/S4208-B: Relates to utility service call centers
A7617/S4498: Relates to a patient's right to palliative care information
A7670/S4429: Relates to motions to vacate judgment against victims of sex trafficking for certain prostitution offenses
A7917D/S5292-C: Relates to the requirement of exercising due care in the operation of a motor vehicle to avoid colliding with any bicyclist, pedestrian or domestic animal
A7923/S3644: Relates to requiring at least one employee at a child day care facility or family day care home to be trained and certified in cardiopulmonary resuscitation and first aid
A7924A/S5342-A: Authorizes the filing of an application for real property tax exemption by Congregation Mesifta Beth Shraga
A7987B/S4303-B: Relates to farm waste net energy metering
A8076A/S4194-A: Authorizes certain police officers employed by the village of Lyons to join the twenty year retirement plan
A8199B/S1260-B: Authorizes New Creation in Christ Ministries, Inc. to file applications for a real property tax exemption with the city of Schenectady
A8220/S4199: Relates to the board of trustees of the higher education services corporation
A8392C/S7299-A: Makes technical corrections to provisions establishing powers of attorney for financial estate planning
A8393A/S5696-A: Provides that orders of protection shall not be denied solely on the basis that the events alleged are not contemporaneous with the application therefore
A8504/S4388: Relates to trial discharges of youth in foster care and voluntary re-placements of older adolescents in foster care
A8524/S3868-A: Authorizes the family court, in certain situations, to restore a birth parent's parental rights after they have been terminated
A8839A/S6034: Provides for enhanced consumer protection measures and enforcement of the do-not-call registry
A9186B/S6079-B: Criminalizes assault on a sanitation enforcement agent
A9550A/S7723: Relates to admission to adult care facilities
A9746/S7045: Authorizes the Community Outreach Center to file an application for a real property tax exemption
A9838/S7647: Relates to eligibility under the naturally occurring retirement community supportive service program
A9857C/S8GV056: Provides for the interpretation of trust and will clauses relating to federal estate taxes and generation-skipping transfer taxes when the decedent dies during 2010
A9944/S6858: Makes technical corrections to provisions of law relating to rates of payment for residential health care facilities
A9979/S6976: Authorizes the Greater Utica Community Food Resources, Inc. to file an application for a real property tax exemption
A10025A/S6975-A: Authorizes the Long Island Progressive Missionary Baptist Churches General Association to file an application for a real property tax exemption
A10050A/S7202-A: Authorizes assessor of county of Nassau to accept an application for exemption from real property taxes from S.N. Services Corporation
A10094B/S6993-B: Relates to information and access to breast reconstructive surgery
A10164/S7037: Makes the mayor the administrative head and executive secretary of the Schenectady urban renewal agency
A10213/S7074: Extends the period of time the Brookville library funding district may be established
A10219A/S7408-A: Relates to insurance coverage for drugs used in cancer treatment
A10226/S7139: Requires the required notice of foreclosure to tenants to include a notice of the rights of rent-regulated tenants
A10507A/S7584: Authorizes use of lever voting machines for school elections
A10512A/S7386-A: Authorizes the assessor of the town of Babylon to accept an application for exemption from real property taxes for certain parcels of land located in North Amityville
A10741/S7456: Increases the composition of the September 11th worker protection task force and extends the expiration of such chapter
A10779/S8031: Allows county of Putnam to retroactively apply for a tax exemption on property in the town of Carmel
A10851A/S8013: Grants chief administrator of the courts authority to allow referees to determine certain applications to a family court for an order of protection
A10857A/S7378-A: Relates to revocation of a liquor license for cause
A10869/S7677: Relates to making real property tax receipts available online
A10875/S7730: Extends from January 1, 2011 until January 1, 2015, the expiration of provisions of law relating to tax exemptions for solar, wind, or farm waste energy systems
A10878A/S7811-A: Prohibits the implementation of electronic billing and/or payment of rent without the tenant's consent
A10908B/S7118-A: Authorizes limited licenses to self-service storage companies for the sale of insurance on personal property stored at the facility
A10939/S7755: Repeals title 37 of article 15-B of the general municipal law relating to the establishment of the Port Chester community development agency
A10982/S7757: Repeals title 20 of article 7 of the public authorities law relating to the creation of the Port Chester parking authority
A10984B/S8390: Establishes the provision of temporary maintenance in matrimonial actions, and directs the law revision commission to study the effects of divorce and maintenance
A11097/S8272: Relates to extending provisions of law relating to the underground facilities safety training account
A11289/S8087: Extends the effectiveness of the home based primary care for the elderly demonstration project through January 1, 2016
A11343/S7826: Extends the provisions of chapter 545 of the laws of 2003 relating to the assisted living program
A11351/S8060: Relates to providing for the construction of capital facilities for Broad Channel Volunteers, Inc.
A11364/S8045: Amends chapter 183 of the laws of 2003, authorizing Westchester County to lease certain parklands, to make technical changes
A11391/S8228: Expands eligibility for the shock incarceration program
A11566/S8376: Relates to paperwork reduction
A11568/S8378: Relates to fraud enforcement
A11612/S8424: Relates to rape crisis centers for services to rape victims and programs to prevent rape
S1180A/A231-A: Provides that the village of Rye Brook in the county of Westchester may impose an occupancy tax on rooms for hire
S2087B/A432-B: Relates to unlawful dissection, procurement and sale of human body tissue, organs and body parts
S2769A/A5895-A: Extends provisions of the volunteer firefighters' benefit law relating to claims for benefits when a firefighter suffers heart related death or disability until 2015
S3890A/A9753-A: Provides that spouses may be granted a judgment of divorce in a timely fashion provided they meet certain conditions
S3903A/A6154-B: Relates to cooperative bidding by libraries and library systems
S4601A/ A 8565-A: Relates to bond anticipation notes issued during calendar year 2004 or 2005
S4647B/A 5292-B: Enacts the "Ambrose-Searles move over act"
S4658B/A 2693-B: Requires all first-term members of boards of education to attend training sessions within six months of taking office
S5110/A 9471: Authorizes municipal reciprocal insurers to offer full faith and credit surety bonds for public officers
S5182A/A 8656-A: Relates to a license to manufacture and sell alcoholic beverages in a premises commonly known as a restaurant-brewer
S5746/A 8707: Validates, ratifies, and confirms expenditures made by the William Floyd union free school district
S5868/A 8934: Authorizes taxing authorities in a certain county to grant a real property tax exemption to volunteer firefighters and volunteer ambulance workers
S5953A/A 8978-A: Relates to providing a tax exemption for property owned by Our Lady of Mount Carmel Society of Rosebank
S6129A/A 9103-A: Authorizes the town board of the town of Hyde Park, in the county of Dutchess, to diminish the area of the Greenfields water district
S6139A/A 10316-A: Provides that Lighthouse Mission, Inc. may file an application for exemption from real property taxes for the 2008-2009 assessment roll
S6231C/A 9227-B: Relates to alcoholic beverage liquidator's permits and temporary retail permits
S6237A/A 9733-A: Designating a portion of state highway 812 in Ogdensburg as "Trooper Shawn W. Snow Street"
S6263C/A 9243-B: Enacts Ian's Law, which provides enhanced consumer protections in the event of an insurer's discontinuance of coverage
S6279A/ A 9501-A: Relates to preferences to veterans for rentals and selection of tenants by certain housing companies
S6419A/A 9484-A: Provides for the elimination of certain properties of the Westerlo Water District No. 1 inadvertently included within such district
S6455/A 9535: Extends provisions of chapter 105 of the laws of 2009 enabling the county of Albany to impose and collect taxes on occupancy of hotel or motel rooms in Albany county
S6671A/A 9804-A: Relates to an exchange of ownership and maintenance responsibility between the village of Medina and the state of New York regarding roads in such village
S6766/A 9827: Authorizes the city of Schenectady to accept an application for real property tax exemption from the Tabernacle of New Hope
S6948/A 10178-A: Enacts provisions relating to reciprocal insurers having a corporate attorney-in-fact wholly owned by subscribers at the reciprocal insurers
S6987A/A 10161-A: Relates to criminal obstruction of breathing or blood circulation and strangulation
S7327A/A 11041: Extends the city's energy cost savings program and lower Manhattan energy program
S7420/A 11238: Increases the bond and note authorization of the New York state housing finance agency
S7480A/A 10673-A: Relates to the sale of wine and beer for consumption upon the premises at the New York State Fair
S7485A/A 10617-A: Relates to the suspension of driving privileges
S7512A/A 9841-A: Allows consideration of in-kind support when determining grantees of the naturally occurring retirement communities supportive service program
S7815A/A 10957-A: Legalizes, validates, ratifies and confirms the establishment and funding of water district no. 7 in the town of Brutus, county of Cayuga
S7864/A 10611: Relates to significant programmatic accomplishments for limited credit time allowances for inmates
S7897/A 10993: Relates to vehicles passing bicycles
S8114/A 11396: Relates to an application for exemption from real property taxes by the House of Refuge Apostolic Church
S8391/A 11576: Chapter amends S. 4532-A and A. 7569-A, relating to counsel and expert fees in matrimonial actions, to change the effective date to 60 days after enactment
Monday, August 9, 2010
Call Governor Paterson About Two Housing Bills
Statewide Systems Advocacy Network (SSAN)
ACTION ALERT
August 9, 2010
Issue: Urge Governor Paterson to sign A.9757 and A.10689 into law!
Action: Two housing bills from the Disability Priority Agenda have been sent to the Governor for his signature. A.9757/S.7800 would incorporate the housing provisions of Section 504 of the Rehabilitation Act into State law. A.10689/S.7613 would make discrimination by landlords based on a tenant's source of income illegal under State Human Rights Law. Governor Paterson has until this Friday, August 13th to sign them into law or veto them. The Governor's office needs to hear from us NOW!
Call the Governor's office at 518-474-8390 and leave the following message:
"I'm calling to urge Governor Paterson to sign A.9757 and A.10689 into law immediately. These bills will help address the housing crisis for people with disabilities in New York State by ensuring we have access to accessible, affordable and integrated housing options that meet our needs."
Background:
A.9757/S.7800 would incorporate the housing provisions of Section 504 of the Rehabilitation Act into State law.
Housing developers often fail to comply with Section 504's requirement to set aside a certain percentage of accessible units for people with disabilities when federal dollars are used for construction. By including these requirements in State law, the Department of Housing and Community Renewal (DHCR) will be fully empowered to enforce these requirements and ensure that the State is in compliance with federal standards.
A.10689/S.7613 would make discrimination by landlords based on a tenant's source of income illegal under State Human Rights Law.
Currently, there is a lack of protection for tenants seeking housing. Landlords and realtors are allowed to openly discriminate against tenants with lawful sources of income. Programs such as Section 8, Shelter Plus, and the subsidies attached to Medicaid Waivers such as the Nursing Home Transition and Diversion (NHTD) Waiver and the Traumatic Brain Injury (TBI) Waiver are designed to allow people to obtain affordable, accessible and integrated housing. However, these programs are impeded by the fact that landlord and realtors can reject prospective tenants simply because they do not want to work with a government program, even though that tenant would have the means to pay the rent. Many people with disabilities rely on those subsidies and other assistance programs to live independently in the community. By adding lawful source of income as a protected class into New York State Human Rights Law, individuals using government housing subsidies would have access to more units of housing.
ACTION ALERT
August 9, 2010
Issue: Urge Governor Paterson to sign A.9757 and A.10689 into law!
Action: Two housing bills from the Disability Priority Agenda have been sent to the Governor for his signature. A.9757/S.7800 would incorporate the housing provisions of Section 504 of the Rehabilitation Act into State law. A.10689/S.7613 would make discrimination by landlords based on a tenant's source of income illegal under State Human Rights Law. Governor Paterson has until this Friday, August 13th to sign them into law or veto them. The Governor's office needs to hear from us NOW!
Call the Governor's office at 518-474-8390 and leave the following message:
"I'm calling to urge Governor Paterson to sign A.9757 and A.10689 into law immediately. These bills will help address the housing crisis for people with disabilities in New York State by ensuring we have access to accessible, affordable and integrated housing options that meet our needs."
Background:
A.9757/S.7800 would incorporate the housing provisions of Section 504 of the Rehabilitation Act into State law.
Housing developers often fail to comply with Section 504's requirement to set aside a certain percentage of accessible units for people with disabilities when federal dollars are used for construction. By including these requirements in State law, the Department of Housing and Community Renewal (DHCR) will be fully empowered to enforce these requirements and ensure that the State is in compliance with federal standards.
A.10689/S.7613 would make discrimination by landlords based on a tenant's source of income illegal under State Human Rights Law.
Currently, there is a lack of protection for tenants seeking housing. Landlords and realtors are allowed to openly discriminate against tenants with lawful sources of income. Programs such as Section 8, Shelter Plus, and the subsidies attached to Medicaid Waivers such as the Nursing Home Transition and Diversion (NHTD) Waiver and the Traumatic Brain Injury (TBI) Waiver are designed to allow people to obtain affordable, accessible and integrated housing. However, these programs are impeded by the fact that landlord and realtors can reject prospective tenants simply because they do not want to work with a government program, even though that tenant would have the means to pay the rent. Many people with disabilities rely on those subsidies and other assistance programs to live independently in the community. By adding lawful source of income as a protected class into New York State Human Rights Law, individuals using government housing subsidies would have access to more units of housing.
Wednesday, August 4, 2010
The New York State Senate passed the revenue portion of the budget
The Senate passed the revenue portion of the budget last night, the last remaining piece that had previously been passed by the Assembly. Here is today’s story from the Albany Times Union, followed by the Governor’s statement about the passage of the FMAP contingency plan.
It's a state budget!
By RICK KARLIN Capitol Bureau
Published: 01:00 a.m., Wednesday, August 4, 2010
4 of 4
View: Larger | Hide
•
Senate Majority Leader Pedro Espada Jr., center, huddles with aides on the Senate floor Tuesday afternoon at the Capitol. The Senate passed the budget Tuesday evening. (John Carl D'Annibale / Times Union)
•
Senate Republican Leader Dean G. Skelo holds his minority together Tueday to oppose the state budget. (John Carl D'Annibale / Times Union)
•
Saratoga Republican Sen. Roy McDonald appears Tuesday on the Senate floor. (John Carl D'Annibale / Times Union)ban
Page 1 of 1
ALBANY -- Four months late and hundreds of millions of dollars in additional taxes later, the state Senate finally completed the 2010-11 budget on Tuesday evening.
The final party-line vote -- 32 to 28 -- arrived after the sun had set on a dizzying day of last-minute negotiations, one-house bills that have almost no chance of passage in the Assembly, and frenzied efforts to round up two Democratic senators who spent much of the day missing in action.
In other words, it was a fairly typical day in the Senate, which all year has veered between chaos and inertia due to the Democrats' razor-thin 32-to-30-seat majority.
In order to pass the revenue plan that for more than a month has been the remaining piece of the budget puzzle, Democrats needed all 32 votes on deck. Senate Republicans have been rejecting almost all spending measures en masse this summer.
The Democrats' dilemma was put into stark relief early Tuesday when one of their more unpredictable members, Pedro Espada Jr. of the Bronx, announced he would stay away unless the conference took up two of his measures: a farmworkers bill of rights and legislation relating to New York City rent control.
By 2 p.m., Espada had relented and traveled to Albany. But hours into session, it became apparent that another senator, Manhattan's Tom Duane, hadn't appeared in the chamber for key votes.
It turned out he had sequestered himself in his office, holding out for his own housing bill to be taken up.
Eventually, both measures were brought to the floor Tuesday -- presumably in order to get Espada and Duane's votes on the budget.
The two temporary delays came as another human logjam was clearing: Buffalo's William Stachowski, who for a month had been denying his budget vote in exchange for a push to give individual SUNY and CUNY campuses greater autonomy to raise tuition on their own, gave up his holdout.
"Variable tuition" has no traction in the Assembly and is opposed by several Senate Democrats. Stachowski, facing primary and general election opponents, had been counting on the plan greatly benefiting SUNY Buffalo, which has major expansion plans.
Later in the day, however, Stachowski said he realized he could only hold out for so long. "We may have to take a position where (the budget passes) and we continue to try to push to get something done for SUNY," he told the Buffalo News.
Gov. David Paterson earlier tried to separate the SUNY issue from the budget, with the governor offering it as a stand-alone bill. But lacking adequate votes in the Senate -- even after Duane appeared -- it was laid aside. Stachowski, Democratic Conference Leader John Sampson and Sen. Brian Foley, D-Long Island, later released a statement that a "framework agreement" had been worked out on SUNY-CUNY plan -- although the details remained to be hammered out with the Assembly and the governor.
Senate Democrats and Republicans came together to pass a property tax cap supported by the governor. It faces long odds in the Assembly, where Speaker Sheldon Silver has opposed the measure.
The Assembly passed the revenue portion of the budget weeks ago.
Lawmakers came within a week of breaking the record for late budgets, set in 2004 when it was 133 days past the April 1 deadline.
In passing the revenue bill, Senators put their stamp of approval on more than $800 million in new revenue, including the re-institution of a state sales tax on clothing and shoes under $110.
One element of that bill that initially passed in the Assembly but was dropped in both houses on Tuesday: a revenue action that would have taxed income earned by out-of-state hedge fund managers operating in New York as if they were state residents.
The tax was dropped amid reports that Connecticut was actively wooing New York-based hedge funds to open shop in the Nutmeg State. "It means that Connecticut spent a lot of money wining and dining them (for naught)," quipped Assemblyman Jack McEneny, D-Albany.
Both houses managed to pass a contingency plan for the increasingly likely loss of more than $1 billion in federal Medicaid funds. The plan institutes across-the-board cuts to localities, with the proceeds placed in a "lock box" that would be opened only if the funds appear.
Reach Rick Karlin at 454-5758 or rkarlin@timesunion.com.
News from New York State Office of the Governor
For more information contact: Morgan Hook, 518-474-8418/212-681-4640
Governor Paterson Announces Passage of FMAP Contingency Plan
ALBANY, NY (08/03/2010)(readMedia)-- Governor David A. Paterson today announced passage of legislation that would implement a plan to keep the State budget in balance in the event the Federal government does not extend enhanced Federal Medical Assistance Percentages (FMAP) through the end of the current fiscal year. The Governor's Program Bill No. 324 is a prudent measure in response to the financial uncertainty caused by the Federal government's inaction on FMAP.
"While I will continue to advocate for full FMAP funding from Congress, passage of this contingency plan is the responsible measure to keep our budget in balance and avoid mid-year cuts should the funds not materialize," Governor Paterson said. "I'm pleased the Legislature has realized the importance of this legislation and joined me in supporting it."
Key provisions of Governor Paterson's Program Bill No. 324 include:
• Starting September 16, and continuing through the fiscal year, payments from aid to localities appropriations in the General Fund and State special revenue funds would be reduced by a uniform percentage established by an allocation plan. The reductions would continue until $1.085 billion in FMAP savings have been realized.
• The savings from the reductions would be deposited into a new FMAP Contingency Fund "lock box" established in the State Treasury.
• Certain types of appropriations would be exempt from the uniform reductions, including those for public assistance, debt service, and court judgments.
• If an FMAP extension ultimately were to be approved during the 2010-11 fiscal year, the payment reductions would cease.
New York, like 30 other states, assumed enhanced FMAP funding in its current year budget after legislation that would have provided the funding passed both houses of Congress. The extension of FMAP was expected to provide $1.085 billion to the State in the 2010-11 fiscal year, as well as an additional $1.06 billion in 2011-12 and approximately $800 million to New York City and counties in the first six months of 2011. Given that Congress has not yet enacted legislation which includes an FMAP extension, there is a significant risk that an FMAP extension will not be approved, or will be approved at a level less than expected in the State's financial plan.
Governor Paterson has advocated tirelessly on behalf of full enhanced FMAP funding for the states. Last month, the Governor travelled to Washington, D.C. to join a bipartisan group of governors from across the country in calling on Congress for full FMAP funding.
It's a state budget!
By RICK KARLIN Capitol Bureau
Published: 01:00 a.m., Wednesday, August 4, 2010
4 of 4
View: Larger | Hide
•
Senate Majority Leader Pedro Espada Jr., center, huddles with aides on the Senate floor Tuesday afternoon at the Capitol. The Senate passed the budget Tuesday evening. (John Carl D'Annibale / Times Union)
•
Senate Republican Leader Dean G. Skelo holds his minority together Tueday to oppose the state budget. (John Carl D'Annibale / Times Union)
•
Saratoga Republican Sen. Roy McDonald appears Tuesday on the Senate floor. (John Carl D'Annibale / Times Union)ban
Page 1 of 1
ALBANY -- Four months late and hundreds of millions of dollars in additional taxes later, the state Senate finally completed the 2010-11 budget on Tuesday evening.
The final party-line vote -- 32 to 28 -- arrived after the sun had set on a dizzying day of last-minute negotiations, one-house bills that have almost no chance of passage in the Assembly, and frenzied efforts to round up two Democratic senators who spent much of the day missing in action.
In other words, it was a fairly typical day in the Senate, which all year has veered between chaos and inertia due to the Democrats' razor-thin 32-to-30-seat majority.
In order to pass the revenue plan that for more than a month has been the remaining piece of the budget puzzle, Democrats needed all 32 votes on deck. Senate Republicans have been rejecting almost all spending measures en masse this summer.
The Democrats' dilemma was put into stark relief early Tuesday when one of their more unpredictable members, Pedro Espada Jr. of the Bronx, announced he would stay away unless the conference took up two of his measures: a farmworkers bill of rights and legislation relating to New York City rent control.
By 2 p.m., Espada had relented and traveled to Albany. But hours into session, it became apparent that another senator, Manhattan's Tom Duane, hadn't appeared in the chamber for key votes.
It turned out he had sequestered himself in his office, holding out for his own housing bill to be taken up.
Eventually, both measures were brought to the floor Tuesday -- presumably in order to get Espada and Duane's votes on the budget.
The two temporary delays came as another human logjam was clearing: Buffalo's William Stachowski, who for a month had been denying his budget vote in exchange for a push to give individual SUNY and CUNY campuses greater autonomy to raise tuition on their own, gave up his holdout.
"Variable tuition" has no traction in the Assembly and is opposed by several Senate Democrats. Stachowski, facing primary and general election opponents, had been counting on the plan greatly benefiting SUNY Buffalo, which has major expansion plans.
Later in the day, however, Stachowski said he realized he could only hold out for so long. "We may have to take a position where (the budget passes) and we continue to try to push to get something done for SUNY," he told the Buffalo News.
Gov. David Paterson earlier tried to separate the SUNY issue from the budget, with the governor offering it as a stand-alone bill. But lacking adequate votes in the Senate -- even after Duane appeared -- it was laid aside. Stachowski, Democratic Conference Leader John Sampson and Sen. Brian Foley, D-Long Island, later released a statement that a "framework agreement" had been worked out on SUNY-CUNY plan -- although the details remained to be hammered out with the Assembly and the governor.
Senate Democrats and Republicans came together to pass a property tax cap supported by the governor. It faces long odds in the Assembly, where Speaker Sheldon Silver has opposed the measure.
The Assembly passed the revenue portion of the budget weeks ago.
Lawmakers came within a week of breaking the record for late budgets, set in 2004 when it was 133 days past the April 1 deadline.
In passing the revenue bill, Senators put their stamp of approval on more than $800 million in new revenue, including the re-institution of a state sales tax on clothing and shoes under $110.
One element of that bill that initially passed in the Assembly but was dropped in both houses on Tuesday: a revenue action that would have taxed income earned by out-of-state hedge fund managers operating in New York as if they were state residents.
The tax was dropped amid reports that Connecticut was actively wooing New York-based hedge funds to open shop in the Nutmeg State. "It means that Connecticut spent a lot of money wining and dining them (for naught)," quipped Assemblyman Jack McEneny, D-Albany.
Both houses managed to pass a contingency plan for the increasingly likely loss of more than $1 billion in federal Medicaid funds. The plan institutes across-the-board cuts to localities, with the proceeds placed in a "lock box" that would be opened only if the funds appear.
Reach Rick Karlin at 454-5758 or rkarlin@timesunion.com.
News from New York State Office of the Governor
For more information contact: Morgan Hook, 518-474-8418/212-681-4640
Governor Paterson Announces Passage of FMAP Contingency Plan
ALBANY, NY (08/03/2010)(readMedia)-- Governor David A. Paterson today announced passage of legislation that would implement a plan to keep the State budget in balance in the event the Federal government does not extend enhanced Federal Medical Assistance Percentages (FMAP) through the end of the current fiscal year. The Governor's Program Bill No. 324 is a prudent measure in response to the financial uncertainty caused by the Federal government's inaction on FMAP.
"While I will continue to advocate for full FMAP funding from Congress, passage of this contingency plan is the responsible measure to keep our budget in balance and avoid mid-year cuts should the funds not materialize," Governor Paterson said. "I'm pleased the Legislature has realized the importance of this legislation and joined me in supporting it."
Key provisions of Governor Paterson's Program Bill No. 324 include:
• Starting September 16, and continuing through the fiscal year, payments from aid to localities appropriations in the General Fund and State special revenue funds would be reduced by a uniform percentage established by an allocation plan. The reductions would continue until $1.085 billion in FMAP savings have been realized.
• The savings from the reductions would be deposited into a new FMAP Contingency Fund "lock box" established in the State Treasury.
• Certain types of appropriations would be exempt from the uniform reductions, including those for public assistance, debt service, and court judgments.
• If an FMAP extension ultimately were to be approved during the 2010-11 fiscal year, the payment reductions would cease.
New York, like 30 other states, assumed enhanced FMAP funding in its current year budget after legislation that would have provided the funding passed both houses of Congress. The extension of FMAP was expected to provide $1.085 billion to the State in the 2010-11 fiscal year, as well as an additional $1.06 billion in 2011-12 and approximately $800 million to New York City and counties in the first six months of 2011. Given that Congress has not yet enacted legislation which includes an FMAP extension, there is a significant risk that an FMAP extension will not be approved, or will be approved at a level less than expected in the State's financial plan.
Governor Paterson has advocated tirelessly on behalf of full enhanced FMAP funding for the states. Last month, the Governor travelled to Washington, D.C. to join a bipartisan group of governors from across the country in calling on Congress for full FMAP funding.
Friday, July 30, 2010
The Center for Disability Rights (CDR) is under attackCall County Executive Maggie Brooks: (585) 753-1000
The Center for Disability Rights is under attack by the Monroe County Executive, Maggie Brooks. Without warning, on July 22nd, CDR received a terse, 5 sentence letter informing us of the contract termination with no explanation included. All of our CDPAS consumers received a letter the same day telling them that the county is terminating its contract with CDR and that they have until just August 1st to choose from one of five for-profit agencies for their Consumer Directed Personal Assistance.
The next day, we received from a friend in the local media, a copy of a three page letter from the County Executive to the media. The letter was filled with blatant falsehoods mixed with misunderstandings of the roles of CDR and the county in the CDPAS program. Here is CDR's letter to Maggie Brooks debunking her allegations against CDR: http://www.whec.com/whecimages/cdr_letter-to-county.pdf. Videos of consumers refuting the county's charges are here: http://www.youtube.com/user/cdrnys. Share these; make them go viral as meanwhile, Brooks continues to use the media as a buffer to not have to talk with us. Many more documents available on CDR's website at www.cdrnys.org
Our consumers and their attendants have been thrown into chaos and Ms. Brooks refuses to talk to them. Nearly 300 consumers are in danger of losing their attendants and possibly their services outright.
Currently consumers, supporters and staff have camped out in front of the County Building on Main Street in Rochester. We have been out there 24/7 since Monday and will continue until this is over.
We need your help.
Please call Maggie Brooks and urge her to restore CDR's contract for the sake of the hundreds of people who like their services and want to continue them. Then ask at least two friends to do the same. Be respectful, but be firm. Her phone should not stop ringing!
County Executive Maggie Brooks: (585) 753-1000
The next day, we received from a friend in the local media, a copy of a three page letter from the County Executive to the media. The letter was filled with blatant falsehoods mixed with misunderstandings of the roles of CDR and the county in the CDPAS program. Here is CDR's letter to Maggie Brooks debunking her allegations against CDR: http://www.whec.com/whecimages/cdr_letter-to-county.pdf. Videos of consumers refuting the county's charges are here: http://www.youtube.com/user/cdrnys. Share these; make them go viral as meanwhile, Brooks continues to use the media as a buffer to not have to talk with us. Many more documents available on CDR's website at www.cdrnys.org
Our consumers and their attendants have been thrown into chaos and Ms. Brooks refuses to talk to them. Nearly 300 consumers are in danger of losing their attendants and possibly their services outright.
Currently consumers, supporters and staff have camped out in front of the County Building on Main Street in Rochester. We have been out there 24/7 since Monday and will continue until this is over.
We need your help.
Please call Maggie Brooks and urge her to restore CDR's contract for the sake of the hundreds of people who like their services and want to continue them. Then ask at least two friends to do the same. Be respectful, but be firm. Her phone should not stop ringing!
County Executive Maggie Brooks: (585) 753-1000
Wednesday, July 28, 2010
Visitability bill
Hi, the Assembly is in Albany for a session today. Please make calls to Sheldon Silver on his Albany number at 518-455-3791 to urge him to push Visitability bill A. 9409 out of the Rules Committee onto the Assembly Floor.
Let's make as many calls as we can. His office is currently taking names and addresses.
Let's make as many calls as we can. His office is currently taking names and addresses.
Wednesday, July 21, 2010
Urge Governor Paterson to sign the Title II bill into law!
Action: A.10676 (Paulin) / S.7482 (Huntley), which would add Title II language from the ADA into NYS Human Rights Law, has been delivered to the Governor's desk for signature. He has until July 30th to sign it. An identical bill passed both the Assembly and the Senate last year and was vetoed by Governor Paterson. The Governor's office needs to hear from us NOW!
Call the Governor's office at 518-474-8390 and leave the following message:
"I'm calling to urge Governor Paterson to sign A.10676 / S.7482 into law, which would incorporate the provisions of Title II of the American Disabilities Act into state law
Statewide Systems Advocacy Network (SSAN)
ACTION ALERT
July 21, 2010
Issue: Urge Governor Paterson to sign the Title II bill into law!
Action: A.10676 (Paulin) / S.7482 (Huntley), which would add Title II language from the ADA into NYS Human Rights Law, has been delivered to the Governor's desk for signature. He has until July 30th to sign it. An identical bill passed both the Assembly and the Senate last year and was vetoed by Governor Paterson. The Governor's office needs to hear from us NOW!
Call the Governor's office at 518-474-8390 and leave the following message:
"I'm calling to urge Governor Paterson to sign A.10676 / S.7482 into law, which would incorporate the provisions of Title II of the American Disabilities Act into state law and strengthen protections for people with disabilities against discrimination in New York State. It would be particularly symbolic to do so in honor of the 20th anniversary of the ADA this Monday."
Additional talking points:
• 32 other states have adopted Title II into state law. It has not cost them money or resulted in an increase in lawsuits.
• The state has already adopted Title I (1997) and Title III (2007) in state law. The expected flood of complaints to Division of Human Rights after these bills passed never materialized, so no stretch of their resources occurred as a result. It would be particularly symbolic to now adopt Title II into state law with the 20th anniversary of ADA being next Monday.
• This is already federal law that the state must comply with. It's nothing new, confers no new responsibilities on the state, and will not cost anything.
• If the state is in compliance (which technically they should have been since the Regulations for Section 504 were released in 1977, as Title II essentially reiterates 504), they have no need to fear lawsuits.
Background: The New York State Human Rights Law includes some, but not all, of the ADA's protections for people with disabilities. This causes needless confusion for government officials in attempting to comply with both laws. A.10676 (Paulin)/S.7482 (Huntley) adds ADA Title II language to state statute, clarifying the obligations of government officials and strengthening the civil rights protections for people with disabilities. This bill imposes no new or additional requirements upon local governments or businesses.
Call the Governor's office at 518-474-8390 and leave the following message:
"I'm calling to urge Governor Paterson to sign A.10676 / S.7482 into law, which would incorporate the provisions of Title II of the American Disabilities Act into state law
Statewide Systems Advocacy Network (SSAN)
ACTION ALERT
July 21, 2010
Issue: Urge Governor Paterson to sign the Title II bill into law!
Action: A.10676 (Paulin) / S.7482 (Huntley), which would add Title II language from the ADA into NYS Human Rights Law, has been delivered to the Governor's desk for signature. He has until July 30th to sign it. An identical bill passed both the Assembly and the Senate last year and was vetoed by Governor Paterson. The Governor's office needs to hear from us NOW!
Call the Governor's office at 518-474-8390 and leave the following message:
"I'm calling to urge Governor Paterson to sign A.10676 / S.7482 into law, which would incorporate the provisions of Title II of the American Disabilities Act into state law and strengthen protections for people with disabilities against discrimination in New York State. It would be particularly symbolic to do so in honor of the 20th anniversary of the ADA this Monday."
Additional talking points:
• 32 other states have adopted Title II into state law. It has not cost them money or resulted in an increase in lawsuits.
• The state has already adopted Title I (1997) and Title III (2007) in state law. The expected flood of complaints to Division of Human Rights after these bills passed never materialized, so no stretch of their resources occurred as a result. It would be particularly symbolic to now adopt Title II into state law with the 20th anniversary of ADA being next Monday.
• This is already federal law that the state must comply with. It's nothing new, confers no new responsibilities on the state, and will not cost anything.
• If the state is in compliance (which technically they should have been since the Regulations for Section 504 were released in 1977, as Title II essentially reiterates 504), they have no need to fear lawsuits.
Background: The New York State Human Rights Law includes some, but not all, of the ADA's protections for people with disabilities. This causes needless confusion for government officials in attempting to comply with both laws. A.10676 (Paulin)/S.7482 (Huntley) adds ADA Title II language to state statute, clarifying the obligations of government officials and strengthening the civil rights protections for people with disabilities. This bill imposes no new or additional requirements upon local governments or businesses.
Cuts in Home Care Put Elderly and Disabled at Risk
http://www.nytimes.com/2010/07/21/us/21aging.html?th&emc=th
Cuts in Home Care Put Elderly and Disabled at Risk
By JOHN LELAND
HILLSBORO, Ore. — As states face severe budget shortfalls, many have cut home-care services for the elderly or the disabled, programs that have been shown to save states money in the long run because they keep people out of nursing homes.
Since the start of the recession, at least 25 states and the District of Columbia have curtailed programs that include meal deliveries, housekeeping aid and assistance for family caregivers, according to the Center on Budget and Policy Priorities, a research organization. That threatens to reverse a long-term trend of enabling people to stay in their homes longer.
For Afton England, who lives in a trailer home here, the news came in a letter last week: Oregon, facing a $577 million deficit, was cutting home aides to more than 4,500 low-income residents, including her. Ms. England, 65, has diabetes, spinal stenosis, degenerative disc disease, arthritis and other health problems that prevent her from walking or standing for more than a few minutes at a time.
Through a state program, she has received 45 hours of assistance a month to help her bathe, prepare meals, clean her house and shop. The program had helped make Oregon a model for helping older and disabled people remain in their homes.
But state legislators say home care is a service the state can no longer afford. Cuts affecting an additional 10,500 people are scheduled for Oct. 1.
“They yanked the rug out from underneath us,” said Ms. England, who lives on $802 a month from Social Security. “I’m scared. I’m petrified. I can’t function on my own. I took care of my husband for eight years. Already I’ve given up many of my freedoms. Now they’ve taken our dignity. I’d like them to try living in my body for a week.”
Her case manager, Brandi Lemke, shook her head. “This is not saving any money,” she said.
Ms. Lemke said she feared that Ms. England would “end up in the hospital because of the diabetes” and be in assisted living by the end of the year. “If she takes a fall,” Ms. Lemke said, “she may require more than assisted living can handle.”
Nursing homes here cost the state an average of $5,900 a month; home and community-based services cost $1,500 a month.
Other states have made similar cuts:
¶Florida placed 69,000 people on waiting lists for home or community services last year, and more than 5,700 of them ended up in Medicaid nursing homes.
¶Alabama cut housekeeping services — useful for people who can no longer do some cleaning tasks — for more than 1,000 elderly residents.
¶Arizona sliced independent living supports and respite programs for family caregivers.
¶Kansas, with a $131 million shortfall, will cut independent-living services for 2,800 people with disabilities in the next year.
In Illinois, providers of Meals on Wheels have stopped adding clients because the state was not reimbursing them.
“I’m not getting a cost-of-living adjustment, and now I’m not getting food,” said Joyce Plennert, 83, who is on a waiting list for Meals on Wheels in Palatine, Ill. “Now I’m worried my home services will be cut. Without that, I’d be in a nursing home, if I could find one with room.”
Colorado, Mississippi, Missouri, Nevada, New Jersey, New York and Texas have all made cuts or frozen spending at a time when the elderly population — and the need for services — is growing.
In California, which faces a budget shortfall of $19.1 billion for the 2010-11 fiscal year, Gov. Arnold Schwarzenegger’s office proposed eliminating adult day health care centers that serve 45,000 people and in-home supportive services that help more than 400,000 elderly, disabled or blind residents. The Legislature rejected these cuts but has not yet produced an alternative budget. The state already cut Alzheimer’s day care centers and assistance for caregivers.
Because Medicaid regulations require states to provide nursing home care to receive federal Medicaid money, legislators often have more leeway to cut from home services. Advocates for the elderly and the disabled worry that these cuts are just the beginning, because state ledgers tend to recover more slowly than the national economy.
“The situation is grim, and it’s safe to say that present trends are expected to continue,” said JoAnn Lamphere, the director of state government relations for health and long-term care for AARP. “Nearly every state has proposed cuts of some sort to Medicaid. Some might seem small, but it’s death by a thousand slashes.”
The cuts in Oregon have been particularly painful to people who work with the elderly, because for more than three decades the state has been a leader in rebalancing long-term care away from nursing facilities and toward the home. The cuts here indicate how fragile these services can be against states’ needs to reduce spending.
“I’m seeing in a matter of months 30 years of work go down the drain,” said Donald Bruland, the director of senior and disability services for the Rogue Valley Council of Governments.
The state spends more than half its Medicaid long-term-care dollars on home care and has a separate $13 million program for people who do not qualify for Medicaid; on average, states spend just 25 percent of their long-term-care budgets on home and community-based care.
Bruce Goldberg, director of the Oregon Department of Human Services, said the agency did not have an estimate for how many of the people losing home care would end up in assisted-living facilities or in nursing homes — or, if they did, how the state would pay for them.
“We’re in new territory,” Dr. Goldberg said. “Long-term care is a cobbled-together system with many holes, and they just got deeper.”
Last week, the Oregon legislature’s emergency board scheduled a session for Thursday to reconsider some of the cuts.
In Portland, Ken Poe, 66, requires assistance because of polio, which he got when he was 9. He has little muscle strength and requires oxygen constantly. The state provides 20 hours of care a month in his home.
Mr. Poe, a former pilot and flight instructor, lives as independently as he can, he said — he still drives, though he needs help getting to and from his car — but said he could not afford to pay his aides on the $1,300 a month he gets from Social Security. He often borrows money from a home credit line at the end of the month. Because of severe osteoporosis, he worries about falling in the shower without an aide.
“There are times when I’m struggling to get to the kitchen when I wonder how much longer I can do this,” he said. “But this is my comfort zone. It may look like a mess” — he gestured to cardboard boxes filling the living room — “but the boxes are my system for getting around. Moving to an assisted-living facility would bring on a depression.”
For states, having to cut the Medicaid programs is a double loss, because they come with matching dollars from the federal government. This creates state jobs and much-needed revenue.
Without these, said James A. Davis, a gerontologist at Marylhurst University and executive director of United Seniors of Oregon, “it really is a death spiral.”
“So often the programs to go are the early interventions that save money and keep people healthy,” Professor Davis said. “That comes back to bite you.”
Cuts in Home Care Put Elderly and Disabled at Risk
By JOHN LELAND
HILLSBORO, Ore. — As states face severe budget shortfalls, many have cut home-care services for the elderly or the disabled, programs that have been shown to save states money in the long run because they keep people out of nursing homes.
Since the start of the recession, at least 25 states and the District of Columbia have curtailed programs that include meal deliveries, housekeeping aid and assistance for family caregivers, according to the Center on Budget and Policy Priorities, a research organization. That threatens to reverse a long-term trend of enabling people to stay in their homes longer.
For Afton England, who lives in a trailer home here, the news came in a letter last week: Oregon, facing a $577 million deficit, was cutting home aides to more than 4,500 low-income residents, including her. Ms. England, 65, has diabetes, spinal stenosis, degenerative disc disease, arthritis and other health problems that prevent her from walking or standing for more than a few minutes at a time.
Through a state program, she has received 45 hours of assistance a month to help her bathe, prepare meals, clean her house and shop. The program had helped make Oregon a model for helping older and disabled people remain in their homes.
But state legislators say home care is a service the state can no longer afford. Cuts affecting an additional 10,500 people are scheduled for Oct. 1.
“They yanked the rug out from underneath us,” said Ms. England, who lives on $802 a month from Social Security. “I’m scared. I’m petrified. I can’t function on my own. I took care of my husband for eight years. Already I’ve given up many of my freedoms. Now they’ve taken our dignity. I’d like them to try living in my body for a week.”
Her case manager, Brandi Lemke, shook her head. “This is not saving any money,” she said.
Ms. Lemke said she feared that Ms. England would “end up in the hospital because of the diabetes” and be in assisted living by the end of the year. “If she takes a fall,” Ms. Lemke said, “she may require more than assisted living can handle.”
Nursing homes here cost the state an average of $5,900 a month; home and community-based services cost $1,500 a month.
Other states have made similar cuts:
¶Florida placed 69,000 people on waiting lists for home or community services last year, and more than 5,700 of them ended up in Medicaid nursing homes.
¶Alabama cut housekeeping services — useful for people who can no longer do some cleaning tasks — for more than 1,000 elderly residents.
¶Arizona sliced independent living supports and respite programs for family caregivers.
¶Kansas, with a $131 million shortfall, will cut independent-living services for 2,800 people with disabilities in the next year.
In Illinois, providers of Meals on Wheels have stopped adding clients because the state was not reimbursing them.
“I’m not getting a cost-of-living adjustment, and now I’m not getting food,” said Joyce Plennert, 83, who is on a waiting list for Meals on Wheels in Palatine, Ill. “Now I’m worried my home services will be cut. Without that, I’d be in a nursing home, if I could find one with room.”
Colorado, Mississippi, Missouri, Nevada, New Jersey, New York and Texas have all made cuts or frozen spending at a time when the elderly population — and the need for services — is growing.
In California, which faces a budget shortfall of $19.1 billion for the 2010-11 fiscal year, Gov. Arnold Schwarzenegger’s office proposed eliminating adult day health care centers that serve 45,000 people and in-home supportive services that help more than 400,000 elderly, disabled or blind residents. The Legislature rejected these cuts but has not yet produced an alternative budget. The state already cut Alzheimer’s day care centers and assistance for caregivers.
Because Medicaid regulations require states to provide nursing home care to receive federal Medicaid money, legislators often have more leeway to cut from home services. Advocates for the elderly and the disabled worry that these cuts are just the beginning, because state ledgers tend to recover more slowly than the national economy.
“The situation is grim, and it’s safe to say that present trends are expected to continue,” said JoAnn Lamphere, the director of state government relations for health and long-term care for AARP. “Nearly every state has proposed cuts of some sort to Medicaid. Some might seem small, but it’s death by a thousand slashes.”
The cuts in Oregon have been particularly painful to people who work with the elderly, because for more than three decades the state has been a leader in rebalancing long-term care away from nursing facilities and toward the home. The cuts here indicate how fragile these services can be against states’ needs to reduce spending.
“I’m seeing in a matter of months 30 years of work go down the drain,” said Donald Bruland, the director of senior and disability services for the Rogue Valley Council of Governments.
The state spends more than half its Medicaid long-term-care dollars on home care and has a separate $13 million program for people who do not qualify for Medicaid; on average, states spend just 25 percent of their long-term-care budgets on home and community-based care.
Bruce Goldberg, director of the Oregon Department of Human Services, said the agency did not have an estimate for how many of the people losing home care would end up in assisted-living facilities or in nursing homes — or, if they did, how the state would pay for them.
“We’re in new territory,” Dr. Goldberg said. “Long-term care is a cobbled-together system with many holes, and they just got deeper.”
Last week, the Oregon legislature’s emergency board scheduled a session for Thursday to reconsider some of the cuts.
In Portland, Ken Poe, 66, requires assistance because of polio, which he got when he was 9. He has little muscle strength and requires oxygen constantly. The state provides 20 hours of care a month in his home.
Mr. Poe, a former pilot and flight instructor, lives as independently as he can, he said — he still drives, though he needs help getting to and from his car — but said he could not afford to pay his aides on the $1,300 a month he gets from Social Security. He often borrows money from a home credit line at the end of the month. Because of severe osteoporosis, he worries about falling in the shower without an aide.
“There are times when I’m struggling to get to the kitchen when I wonder how much longer I can do this,” he said. “But this is my comfort zone. It may look like a mess” — he gestured to cardboard boxes filling the living room — “but the boxes are my system for getting around. Moving to an assisted-living facility would bring on a depression.”
For states, having to cut the Medicaid programs is a double loss, because they come with matching dollars from the federal government. This creates state jobs and much-needed revenue.
Without these, said James A. Davis, a gerontologist at Marylhurst University and executive director of United Seniors of Oregon, “it really is a death spiral.”
“So often the programs to go are the early interventions that save money and keep people healthy,” Professor Davis said. “That comes back to bite you.”
Tuesday, July 20, 2010
Urge Governor Paterson to sign A.629/S.2752 in to law!
Statewide Systems Advocacy Network (SSAN)
ACTION ALERT
July 20, 2010
Issue: Urge Governor Paterson to sign A.629/S.2752 in to law!
Action: Call Governor Paterson at (518) 474-8390 and urge him to sign into law A.629/S.2752, a bill that would require self-serve gas stations to pump gas for people with disabilities who have a parking permit for handicapped persons.
Background: A.629 (Paulin) /S.2752 (Johnson) changes the general business law, which requires self-serve gas stations to pump gas for people with disabilities that have handicapped license plates, to also include people with disabilities with a valid parking permit for handicapped persons. This addition is necessary as gas stations have been interpreting the bill literally and refusing to pump gas for individuals with hang tag handicapped parking permits. This bill was delivered to Governor Paterson yesterday for signature.
ACTION ALERT
July 20, 2010
Issue: Urge Governor Paterson to sign A.629/S.2752 in to law!
Action: Call Governor Paterson at (518) 474-8390 and urge him to sign into law A.629/S.2752, a bill that would require self-serve gas stations to pump gas for people with disabilities who have a parking permit for handicapped persons.
Background: A.629 (Paulin) /S.2752 (Johnson) changes the general business law, which requires self-serve gas stations to pump gas for people with disabilities that have handicapped license plates, to also include people with disabilities with a valid parking permit for handicapped persons. This addition is necessary as gas stations have been interpreting the bill literally and refusing to pump gas for individuals with hang tag handicapped parking permits. This bill was delivered to Governor Paterson yesterday for signature.
An Open Letter from ADAPT to the Disability Community on the
Sisters and Brothers in the Disability Community:
As the 20th anniversary of the signing of the Americans with
Disabilities Act draws near, we approach the milestone with mixed emotions. Securing
national civil rights legislation, protecting the rights of people with disabilities, was truly historic. It is important that we recognize the incredible nature
of this accomplishment and the hard work of those that made this happen, but
20 years after President George H. W. Bush signed this civil rights legislation into law and as our community is preparing for the celebrations, we pause in disappointment that the promise of freedom has still not reached our sisters and brothers in nursing facilities and other institutions.
Our sisters and brothers remain locked away, unseen and unheard. For them, the act is just words on paper. They are not given the opportunity to exercise their civil rights under this law because they still do not have the basic freedoms that other Americans enjoy.
As the Anniversary date draws closer, they may hear about the progress our community has made over the past 20 years, but knowing that you are protected against discrimination in employment means nothing when the hub of your life is a bedroom you share with a stranger. Knowing that buildings and public accommodations are accessible means nothing when the facility staff won't let you leave; and even having access to lifts on buses - as dear to our hearts as that is - means nothing when you cannot afford to go anywhere on the allowance that is left over after the institution has taken its share of your money.
When we gather together as a community, we must remember that our sisters and brothers in institutions will not be toasting those that authored or advocated for the Act. They will not be celebrating independent living, either as a movement or personal achievement, and they certainly won't share in the power or pride of the disability community. For them, July 26th will be the same as every other day in the institution.
Recently, ADAPT has been criticized by some of the provider-based advocates in our community because we are publicly demanding that Speaker Pelosi sign onto the Community Choice Act and agree to eliminate the institutional bias once and for all. They tell us that publicly questioning "our friends" is inappropriate. We are told we should be grateful for the efforts that have been made so far, and that we must be patient because change takes time.
We will not apologize for our impatience. We do this because our brothers and sisters have waited long enough for their freedom. We cannot sit by, patiently and quietly waiting for our government to give our people the freedom which should be our birthright.
We had great hopes for President Obama and this Congress. Many of us believed that his promise for change included the promise of freedom. When President Obama was taking the oath of office with his hand on Lincoln's bible, it seemed like fate was telling us that he would free our people. When the President and Congress took up health care reform, we were sure that they would finally eliminate the institutional bias, and we hoped that this historic anniversary in the disability community would be celebrated with historic change. Unfortunately, the President and Congress did not have the political will to make this happen. While we recognize that some gains were made, unlike any other class of Americans, our freedom remains a state option. It is, indeed, true that one of the tools we are using to help people leave institutions and move into the community is the Supreme Court's Olmstead decision, which is based on the requirements of the ADA, and it is true that President Obama's administration has demonstrated an unprecedented commitment to enforcing the Olmstead decision. But such efforts are transitory. We have seen, during the last 20 years, that new administrations have their own priorities, and although there may now be a commitment to enforce the Olmstead decision, the pendulum will ultimately swing back in the other direction. We
also know that the gains we may make in the courts are hard-fought, slow, and constantly subject to attack. Even right now, as many in the disability community commemorate the ADA's anniversary, the Attorney General in Connecticut is coordinating legal efforts by the states to fight against some of the recent gains we have made in court which will allow more of our people to live in freedom. Ironically, the deadline for states to join the effort is just one day after the anniversary, July 27th.
In America, freedom shouldn't ever be optional, but - in fact - for us it is. While federal Medicaid rules require states to pay for institutional placement, community-based alternatives are state options and continually subject to elimination in state budget cuts. It is ironic that as we celebrate a civil rights victory that is 20 years old, our freedom is becoming even more precarious and the situation becoming more dire. States, facing record budget shortfalls, are cutting the services that support community living options for seniors and persons with disabilities. These budget cuts force people into unwanted placement, stealing from them much of what is most precious: their homes, their families and their freedom.
Some people have moved across the country to a different state to get supports and services to live outside of the institution. There, they have been able to share in the promise of the ADA, but many people don't know about the services available in other states or simply might not be able to make the journey on this modern underground railroad.
But as long as community services are only an option, those who have escaped to freedom cannot escape the fear. No place is safe because their freedom can easily disappear at the whim of state policy makers. They will be called upon to help solve their state's budget crisis by sacrificing their freedom, home and lives.
We all need to recognize that through personal circumstance or state policy change any of us can lose our freedom. No one in our community is exempt. No one is safe. No one in our community can afford to be comfortable, but it is also our hope that - from this discomfort - the disability community will be mobilized to take action and, together, we will build on a 20-year legacy to address this injustice. Our movement isn't about the civil rights for some of us; it is about the freedom of all of us.
We cannot wait any longer. ADAPT asks you, during this ADA 20th anniversary celebration, to recommit your energy to ending the institutional bias during the next Congress. The time is now to end the institutional bias and FREE OUR PEOPLE!
Sincerely,
The ADAPT Community
NATIONAL ADAPT MAILING LIST - Adapt Community Choice Act List
http://www.adapt.org
As the 20th anniversary of the signing of the Americans with
Disabilities Act draws near, we approach the milestone with mixed emotions. Securing
national civil rights legislation, protecting the rights of people with disabilities, was truly historic. It is important that we recognize the incredible nature
of this accomplishment and the hard work of those that made this happen, but
20 years after President George H. W. Bush signed this civil rights legislation into law and as our community is preparing for the celebrations, we pause in disappointment that the promise of freedom has still not reached our sisters and brothers in nursing facilities and other institutions.
Our sisters and brothers remain locked away, unseen and unheard. For them, the act is just words on paper. They are not given the opportunity to exercise their civil rights under this law because they still do not have the basic freedoms that other Americans enjoy.
As the Anniversary date draws closer, they may hear about the progress our community has made over the past 20 years, but knowing that you are protected against discrimination in employment means nothing when the hub of your life is a bedroom you share with a stranger. Knowing that buildings and public accommodations are accessible means nothing when the facility staff won't let you leave; and even having access to lifts on buses - as dear to our hearts as that is - means nothing when you cannot afford to go anywhere on the allowance that is left over after the institution has taken its share of your money.
When we gather together as a community, we must remember that our sisters and brothers in institutions will not be toasting those that authored or advocated for the Act. They will not be celebrating independent living, either as a movement or personal achievement, and they certainly won't share in the power or pride of the disability community. For them, July 26th will be the same as every other day in the institution.
Recently, ADAPT has been criticized by some of the provider-based advocates in our community because we are publicly demanding that Speaker Pelosi sign onto the Community Choice Act and agree to eliminate the institutional bias once and for all. They tell us that publicly questioning "our friends" is inappropriate. We are told we should be grateful for the efforts that have been made so far, and that we must be patient because change takes time.
We will not apologize for our impatience. We do this because our brothers and sisters have waited long enough for their freedom. We cannot sit by, patiently and quietly waiting for our government to give our people the freedom which should be our birthright.
We had great hopes for President Obama and this Congress. Many of us believed that his promise for change included the promise of freedom. When President Obama was taking the oath of office with his hand on Lincoln's bible, it seemed like fate was telling us that he would free our people. When the President and Congress took up health care reform, we were sure that they would finally eliminate the institutional bias, and we hoped that this historic anniversary in the disability community would be celebrated with historic change. Unfortunately, the President and Congress did not have the political will to make this happen. While we recognize that some gains were made, unlike any other class of Americans, our freedom remains a state option. It is, indeed, true that one of the tools we are using to help people leave institutions and move into the community is the Supreme Court's Olmstead decision, which is based on the requirements of the ADA, and it is true that President Obama's administration has demonstrated an unprecedented commitment to enforcing the Olmstead decision. But such efforts are transitory. We have seen, during the last 20 years, that new administrations have their own priorities, and although there may now be a commitment to enforce the Olmstead decision, the pendulum will ultimately swing back in the other direction. We
also know that the gains we may make in the courts are hard-fought, slow, and constantly subject to attack. Even right now, as many in the disability community commemorate the ADA's anniversary, the Attorney General in Connecticut is coordinating legal efforts by the states to fight against some of the recent gains we have made in court which will allow more of our people to live in freedom. Ironically, the deadline for states to join the effort is just one day after the anniversary, July 27th.
In America, freedom shouldn't ever be optional, but - in fact - for us it is. While federal Medicaid rules require states to pay for institutional placement, community-based alternatives are state options and continually subject to elimination in state budget cuts. It is ironic that as we celebrate a civil rights victory that is 20 years old, our freedom is becoming even more precarious and the situation becoming more dire. States, facing record budget shortfalls, are cutting the services that support community living options for seniors and persons with disabilities. These budget cuts force people into unwanted placement, stealing from them much of what is most precious: their homes, their families and their freedom.
Some people have moved across the country to a different state to get supports and services to live outside of the institution. There, they have been able to share in the promise of the ADA, but many people don't know about the services available in other states or simply might not be able to make the journey on this modern underground railroad.
But as long as community services are only an option, those who have escaped to freedom cannot escape the fear. No place is safe because their freedom can easily disappear at the whim of state policy makers. They will be called upon to help solve their state's budget crisis by sacrificing their freedom, home and lives.
We all need to recognize that through personal circumstance or state policy change any of us can lose our freedom. No one in our community is exempt. No one is safe. No one in our community can afford to be comfortable, but it is also our hope that - from this discomfort - the disability community will be mobilized to take action and, together, we will build on a 20-year legacy to address this injustice. Our movement isn't about the civil rights for some of us; it is about the freedom of all of us.
We cannot wait any longer. ADAPT asks you, during this ADA 20th anniversary celebration, to recommit your energy to ending the institutional bias during the next Congress. The time is now to end the institutional bias and FREE OUR PEOPLE!
Sincerely,
The ADAPT Community
NATIONAL ADAPT MAILING LIST - Adapt Community Choice Act List
http://www.adapt.org
Monday, July 19, 2010
Urge Assembly Speaker Silver to Take Action on Visitability
Statewide Systems Advocacy Network (SSAN)
ACTION ALERT
July 19, 2010
Issue: Urge Speaker Silver to take action on Visitability.
Action: The Senate passed the Visitability bill (S.8150) on June 18th, but the Assembly left town without doing the same. In order to get it to the Assembly floor for a vote, it still has to go through the Assembly Committee on Rules.
Contact Speaker Silver, Chair of the Assembly's Committee on Rules, in his district office at 212-312-1420 or via email and urge him to take action on the Visitability bill (A.9409) immediately following the Assembly's return to Albany by bringing it to the floor for a vote.
Talking points:
• The Visitability bill (S.8150/A.9409) will ensure that people with disabilities are no longer excluded from new home construction sponsored by government funding.
• This bill will save NYS money because it is much more expensive to renovate new homes for access, after they have been already built, rather than include access features from the beginning. Everyone will benefit from those basic access features like no-step entrance and wider hallways and doorways.
• The demand for access to housing is growing drastically with baby boomer and senior population and visitability will help meet that need in a cost effective way in our local communities across the state.
Background: "Visitability" is a movement to change home construction practices so that new homes offer specific features that would make it easier for people with a mobility impairment to occupy and visit. The spirit of "Visitability" is the belief that it is unacceptable that new homes continue to be built with gross barriers, given the ease and low cost of building basic access into the majority of new homes and the harsh effects major barriers have on people's lives, including physically unsafe conditions, social isolation and unwanted institutionalization.
Visitability requires only those accessibility features needed to allow a person with a mobility impairment to comfortably visit a home, not the full range of features that make a building "accessible."
The purpose of the visitability bill, S.8150/A.9409, is to establish minimum regulations for the design and construction of new single family homes, townhouses or the ground unit of a building with three or less units. This bill only affects new homes that are built using state or federal funds and subsidies.
The bill establishes minimum standards in every home for accessibility for the mobility impaired:
o At least one no-step entrance to the home from the public street or driveway to the exterior door
o All interior doorways at least 36 inches wide
o All environmental controls on the ground level at accessible heights, between 15 " and 48" from the ground
o One accessible bathroom on the ground level
ACTION ALERT
July 19, 2010
Issue: Urge Speaker Silver to take action on Visitability.
Action: The Senate passed the Visitability bill (S.8150) on June 18th, but the Assembly left town without doing the same. In order to get it to the Assembly floor for a vote, it still has to go through the Assembly Committee on Rules.
Contact Speaker Silver, Chair of the Assembly's Committee on Rules, in his district office at 212-312-1420 or via email and urge him to take action on the Visitability bill (A.9409) immediately following the Assembly's return to Albany by bringing it to the floor for a vote.
Talking points:
• The Visitability bill (S.8150/A.9409) will ensure that people with disabilities are no longer excluded from new home construction sponsored by government funding.
• This bill will save NYS money because it is much more expensive to renovate new homes for access, after they have been already built, rather than include access features from the beginning. Everyone will benefit from those basic access features like no-step entrance and wider hallways and doorways.
• The demand for access to housing is growing drastically with baby boomer and senior population and visitability will help meet that need in a cost effective way in our local communities across the state.
Background: "Visitability" is a movement to change home construction practices so that new homes offer specific features that would make it easier for people with a mobility impairment to occupy and visit. The spirit of "Visitability" is the belief that it is unacceptable that new homes continue to be built with gross barriers, given the ease and low cost of building basic access into the majority of new homes and the harsh effects major barriers have on people's lives, including physically unsafe conditions, social isolation and unwanted institutionalization.
Visitability requires only those accessibility features needed to allow a person with a mobility impairment to comfortably visit a home, not the full range of features that make a building "accessible."
The purpose of the visitability bill, S.8150/A.9409, is to establish minimum regulations for the design and construction of new single family homes, townhouses or the ground unit of a building with three or less units. This bill only affects new homes that are built using state or federal funds and subsidies.
The bill establishes minimum standards in every home for accessibility for the mobility impaired:
o At least one no-step entrance to the home from the public street or driveway to the exterior door
o All interior doorways at least 36 inches wide
o All environmental controls on the ground level at accessible heights, between 15 " and 48" from the ground
o One accessible bathroom on the ground level
Thursday, July 15, 2010
July 26th marks the 20th Anniversary of the passage of the Americans with Disabilities Act!
Join the Northeast ADA Center on Thursday August 12th as we Celebrate, Contemplate, and Collaborate!
The ADA was passed two decades ago amidst great hope that the barriers to equal opportunity and participation for people with disabilities would finally be torn down. Now, twenty years later it’s time to celebrate, contemplate, and collaborate!
We will be hosting a day-long event at the ILR Conference Center at Cornell University in Ithaca, NY. on Thursday August 12th. During this event, you will hear from guest speaker John Robinson, the Director of Corporate Support for WMHT Public Broadcasting, as well as speakers and panelists from the Equal Employment Opportunity Commission, New York State Board of Code Officials, New York State Human Rights Commission, and Cornell University. Throughout the day there will also be opportunities for you to engage in networking opportunities with other individuals, professionals, service providers, and state/local government employees to discuss where the ADA is at today and where it should be heading!
Please visit the link on our website at: http://www.ilr.cornell.edu/edi/dbtacnortheast/r-news-view.cfm?NewsID=47 to find out more details, see the agenda, and register to attend- it’s free and we can accommodate up to 50 people so sign up now to attend.
We hope you will join us!
----------------------------------------------------------
Erin M. Sember, M.A.
Technical Assistance Coordinator
Northeast ADA Center
Employment and Disability Institute
203 Dolgen Hall/ILR Extension
Cornell University
Ithaca, NY. 14853
ADA Technical Assistance: 1-800-949-4232 in NY, NJ, PR, and VI
Technical Assistance by e-mail: dbtacnortheast@cornell.edu
www.dbtacnortheast.org
The ADA was passed two decades ago amidst great hope that the barriers to equal opportunity and participation for people with disabilities would finally be torn down. Now, twenty years later it’s time to celebrate, contemplate, and collaborate!
We will be hosting a day-long event at the ILR Conference Center at Cornell University in Ithaca, NY. on Thursday August 12th. During this event, you will hear from guest speaker John Robinson, the Director of Corporate Support for WMHT Public Broadcasting, as well as speakers and panelists from the Equal Employment Opportunity Commission, New York State Board of Code Officials, New York State Human Rights Commission, and Cornell University. Throughout the day there will also be opportunities for you to engage in networking opportunities with other individuals, professionals, service providers, and state/local government employees to discuss where the ADA is at today and where it should be heading!
Please visit the link on our website at: http://www.ilr.cornell.edu/edi/dbtacnortheast/r-news-view.cfm?NewsID=47 to find out more details, see the agenda, and register to attend- it’s free and we can accommodate up to 50 people so sign up now to attend.
We hope you will join us!
----------------------------------------------------------
Erin M. Sember, M.A.
Technical Assistance Coordinator
Northeast ADA Center
Employment and Disability Institute
203 Dolgen Hall/ILR Extension
Cornell University
Ithaca, NY. 14853
ADA Technical Assistance: 1-800-949-4232 in NY, NJ, PR, and VI
Technical Assistance by e-mail: dbtacnortheast@cornell.edu
www.dbtacnortheast.org
Federal Oversight for Troubled N.Y. Youth Prisons
Federal Oversight for Troubled N.Y. Youth Prisons
By NICHOLAS CONFESSORe
Published: July 14, 2010
New York Times
Four of New York’s most dangerous and troubled youth prisons will be placed under federal oversight, strict new limits will be imposed on the use of physical force by guards, and dozens of psychiatrists, counselors and investigators will be hired under a sweeping agreement finalized on Wednesday between state and federal officials.
The agreement will usher in the most significant expansion of mental health services in years for youths in custody, the vast majority of whom suffer from drug or alcohol problems, developmental disabilities or mental health problems.
Currently, the state does not have a single full-time psychiatrist on staff to treat young offenders.
Guards at the youth prisons, known as youth counselors, will be barred from physically restraining youths except when a person’s physical safety is threatened or a youth is trying to escape from the institution.
Guards will be allowed to use the most controversial method — in which a youth is forced to the ground and held face-down — for at most three minutes, with evaluation by a doctor to follow within four hours.
The accord comes almost a year after the Justice Department threatened to take over New York’s juvenile justice system unless the state took significant steps to rectify problems at the four prisons, where physical abuse was rampant and mental health counseling was scant or nonexistent.
“It is New York’s fundamental responsibility to protect juveniles in its custody from harm and to uphold their constitutional rights,” Thomas E. Perez, assistant attorney general for the Justice Department’s civil rights division, said in a statement. “We have worked cooperatively with New York officials to craft an agreement to ensure that the constitutional rights of juveniles at the four facilities are protected, and we commend New York and the New York State Office of Children and Families for their willingness to work aggressively to remedy these problems.”
Federal investigators found that staff members at the four institutions — the Lansing Residential Center and the Louis Gossett Jr. Residential Center, in Lansing, and two residences, one for boys and one for girls, at Tryon Residential Center in Johnstown — routinely used physical force to discipline the youths, resulting in broken bones, shattered teeth, concussions and dozens of other serious injuries in a period of less than two years.
Gov. David A. Paterson said in a statement, “With this historic settlement agreement, New York takes another step towards achieving true transformation of our juvenile justice system.”
Mr. Paterson, who has been trying to address problems plaguing the juvenile system, introduced legislation in June to let judges sentence youths to juvenile prisons only if they had been found guilty of a violent crime or a sex crime or were deemed to be a serious threat to themselves or others. Juvenile prisons house those convicted of criminal acts, from truancy to murder, who are too young to serve in adult jails and prisons.
The federal inquiry began in 2007 after a spate of episodes, including the 2006 death of a disturbed 15-year-old after two employees at the Tryon center pinned him down on the ground.
Two monitors, jointly chosen by federal and state officials, will oversee the state’s efforts to carry out the accord over the next two years, making regular progress reports to a federal judge, who must approve the agreement before it goes into effect.
Money for the new staffing — including a full-time psychiatrist at each of the four prisons, five licensed psychologists and more than a dozen social workers and nurse practitioners — was included in parts of the state budget already approved in Albany.
The state-federal accord, filed in United States District Court in Albany, echoes recommendations issued in December by a state task force, which found major shortcomings throughout the youth prison system. The task force recommended substantially expanding mental health care and replacing most residential youth prisons with smaller centers closer to communities where most young offenders and their families are from.
While the accord officially applies just to the four institutions cited, state officials said they hoped to use it as a springboard to seek broad changes through the juvenile system, which now houses 667 youths in 26 facilities around the state.
“It continues to move us in the right direction,” said Gladys Carrión, commissioner of the Office of Children and Family Services, which oversees the juvenile justice system. “It’s an affirmation of the work we have done already and of the recommendations of the governor’s task force.”
Ms. Carrión, who has moved aggressively in recent months to cut the number of youths in state custody and to limit the use of force by guards, said she would require all youth prisons in New York to abide by the restrictions on physical restraint. She said the state also planned to hire a chief psychiatrist in the near future to oversee drug regimens and mental health counseling at all of the state’s youth prisons.
But advocates for youths in state custody said they would continue to seek a far-reaching transformation in the juvenile justice system in New York, which they say merely warehouses youths who in most cases need intensive psychiatric care and counseling rather than being locked up.
“The changes will only affect those kids who have mental health needs who are already incarcerated,” said Gabrielle Prisco, director of the Juvenile Justice Project at the Correctional Association of New York. “It doesn’t get to the fact that any of those young people could be safely treated in their communities without ever seeing the inside of a prison cell.”
By NICHOLAS CONFESSORe
Published: July 14, 2010
New York Times
Four of New York’s most dangerous and troubled youth prisons will be placed under federal oversight, strict new limits will be imposed on the use of physical force by guards, and dozens of psychiatrists, counselors and investigators will be hired under a sweeping agreement finalized on Wednesday between state and federal officials.
The agreement will usher in the most significant expansion of mental health services in years for youths in custody, the vast majority of whom suffer from drug or alcohol problems, developmental disabilities or mental health problems.
Currently, the state does not have a single full-time psychiatrist on staff to treat young offenders.
Guards at the youth prisons, known as youth counselors, will be barred from physically restraining youths except when a person’s physical safety is threatened or a youth is trying to escape from the institution.
Guards will be allowed to use the most controversial method — in which a youth is forced to the ground and held face-down — for at most three minutes, with evaluation by a doctor to follow within four hours.
The accord comes almost a year after the Justice Department threatened to take over New York’s juvenile justice system unless the state took significant steps to rectify problems at the four prisons, where physical abuse was rampant and mental health counseling was scant or nonexistent.
“It is New York’s fundamental responsibility to protect juveniles in its custody from harm and to uphold their constitutional rights,” Thomas E. Perez, assistant attorney general for the Justice Department’s civil rights division, said in a statement. “We have worked cooperatively with New York officials to craft an agreement to ensure that the constitutional rights of juveniles at the four facilities are protected, and we commend New York and the New York State Office of Children and Families for their willingness to work aggressively to remedy these problems.”
Federal investigators found that staff members at the four institutions — the Lansing Residential Center and the Louis Gossett Jr. Residential Center, in Lansing, and two residences, one for boys and one for girls, at Tryon Residential Center in Johnstown — routinely used physical force to discipline the youths, resulting in broken bones, shattered teeth, concussions and dozens of other serious injuries in a period of less than two years.
Gov. David A. Paterson said in a statement, “With this historic settlement agreement, New York takes another step towards achieving true transformation of our juvenile justice system.”
Mr. Paterson, who has been trying to address problems plaguing the juvenile system, introduced legislation in June to let judges sentence youths to juvenile prisons only if they had been found guilty of a violent crime or a sex crime or were deemed to be a serious threat to themselves or others. Juvenile prisons house those convicted of criminal acts, from truancy to murder, who are too young to serve in adult jails and prisons.
The federal inquiry began in 2007 after a spate of episodes, including the 2006 death of a disturbed 15-year-old after two employees at the Tryon center pinned him down on the ground.
Two monitors, jointly chosen by federal and state officials, will oversee the state’s efforts to carry out the accord over the next two years, making regular progress reports to a federal judge, who must approve the agreement before it goes into effect.
Money for the new staffing — including a full-time psychiatrist at each of the four prisons, five licensed psychologists and more than a dozen social workers and nurse practitioners — was included in parts of the state budget already approved in Albany.
The state-federal accord, filed in United States District Court in Albany, echoes recommendations issued in December by a state task force, which found major shortcomings throughout the youth prison system. The task force recommended substantially expanding mental health care and replacing most residential youth prisons with smaller centers closer to communities where most young offenders and their families are from.
While the accord officially applies just to the four institutions cited, state officials said they hoped to use it as a springboard to seek broad changes through the juvenile system, which now houses 667 youths in 26 facilities around the state.
“It continues to move us in the right direction,” said Gladys Carrión, commissioner of the Office of Children and Family Services, which oversees the juvenile justice system. “It’s an affirmation of the work we have done already and of the recommendations of the governor’s task force.”
Ms. Carrión, who has moved aggressively in recent months to cut the number of youths in state custody and to limit the use of force by guards, said she would require all youth prisons in New York to abide by the restrictions on physical restraint. She said the state also planned to hire a chief psychiatrist in the near future to oversee drug regimens and mental health counseling at all of the state’s youth prisons.
But advocates for youths in state custody said they would continue to seek a far-reaching transformation in the juvenile justice system in New York, which they say merely warehouses youths who in most cases need intensive psychiatric care and counseling rather than being locked up.
“The changes will only affect those kids who have mental health needs who are already incarcerated,” said Gabrielle Prisco, director of the Juvenile Justice Project at the Correctional Association of New York. “It doesn’t get to the fact that any of those young people could be safely treated in their communities without ever seeing the inside of a prison cell.”
Wednesday, July 14, 2010
The Energy and Commerce Committee Needs to Hear from You
NCIL
Action Alert: The Energy and Commerce Committee Needs to Hear from You!
Source: COAT (Coalition for Accessible Technology)
It is time for us to make noise about H.R. 3101, the Twenty-first Century Communications and Video Accessibility Act. We want H.R. 3101 to be as strong as possible to ensure accessible advanced communications and video programming in the 21st Century.
Industry has been making a lot of noise about H.R. 3101. Industry claims that H.R. 3101 will require all advanced communication and video programming equipment and services to be accessible to every person with every kind of disability. Industry says this requirement will stifle innovation and prevent new technology, products, and services from coming into the market. Even though these claims are not true, Congress has changed H.R. 3101 to address these industry concerns. The new H.R. 3101 (approved by the House Subcommittee on Communications, Technology, and the Internet on June 30, 2010) added several industry protections.
Congress has heard a lot from industry about H.R. 3101. Now it is time for Congress to hear from us. Tell members of the House Committee on Energy and Commerce:
• Making advanced communication products and services accessible does not stifle innovation; accessibility requires innovation.
• Manufacturers and service providers only need make advanced communications accessible when it is achievable through reasonable effort and expense.
• Restore H.R. 3101 Section 105(b) to ensure funding for specialized communication equipment for people who are deaf-blind.
• Restore H.R. 3101 Section 107 to ensure all advanced communications, such as mobile Internet browsing functionality, are accessible to and usable by people who are blind or visually impaired.
• Further inquiries are not needed to determine the use and benefits of video description for people who are blind or have low vision. Strike the video description inquiries from Section 202.
• Do not prohibit the FCC from increasing video description beyond 7 hours per week on only 9 channels. Strike the limit on video description from Section 202.
• Do not limit captioning on the Internet to video programming first published or exhibited on television. Strike “first published or exhibited on television” from Section 202(b). Do not leave deaf and hard of hearing people behind as television moves to the Internet, including video programming shown first or exclusively on the Internet and new IPTV services!
• All devices, regardless of size, can and must be capable of displaying closed captions. Strike the achievable standard and waiver authority for closed captions in Section 203.
Here's what you need to do:
• Use the information above to craft your message.
• Call or fax the members of the House Energy and Commerce Committee now (list below) and ask them to make H.R. 3101 as strong as possible.
• Send e-mail messages through the members’ websites available at www.house.gov.
House Committee on Energy and Commerce (in alphabetical order by state):
Parker Griffith (R-AL-5)
202-225-4801 Phone
202-225-4392 Fax
Anna G. Eshoo (D-CA-14)
202-225-8104 Phone
202-225-8890 Fax
George Radanovich (R-CA-19)
202-225-4540 Phone
202-225-3402 Fax
Henry Waxman, Chair (D-CA-30)
202-225-3976 Phone
202-225-4099 Fax
Mary Bono Mack (R-CA-45)
202-225-5330 Phone
202-225-2961 Fax
Christopher S. Murphy (D-CT-5)
202-225-4476 Phone
202-225-5933 Fax
Cliff Stearns (R-FL-6)
202-225-5744 Phone
202-225-3973 Fax
John Shimkus (R-IL-19)
202-225-5271 Phone
202-225-5880 Fax
Baron P. Hill (D-IN-9)
202-225-5315 Phone
202-225-6866 Fax
Charlie Melancon (D-LA-3)
202-225-4031 Phone
202-225-3354 Fax
Bart Stupak (D-MI-1)
202-225 4735 Phone
202-225-4744 Fax
Fred Upton (R-MI-6)
202-225-3761 Phone
202-225-4986 Fax
Mike Rogers (R-MI-8)
202-225-4872 Phone
202-225-5820 Fax
Roy Blunt, Deputy Ranking Member (R-MO-7)
202-225-6536 Phone
202-225-5604 Fax
Lee Terry (R-NE-2)
202-225-4155 Phone
202-225-5452 Fax
G. K. Butterfield (D-NC-1)
202-225-3101 Phone
202-225-3354 Fax
Robert E. Latta (R-OH-5)
202-225-6405 Phone
800-278-8203 Fax
Zachary T. Space (D-OH-18)
202-225-6265 Phone
202-225-3394 Fax
Bart Gordon (D-TN-6)
202-225-4231 Phone
202-225-6687 Fax
Marsha Blackburn (R-TN-7)
202-225-2811 Phone
202-225-3002 Fax
Joe Barton, Ranking Member (R-TX-6)
202-225-2002 Phone
202-225-3052 Fax
Rick Boucher (D-VA-9)
202-225-3861 Phone
202-225-0442 Fax
Peter Welch (D-VT-AL)
202-225-4115 Phone
202-225-6790 Fax
Action Alert: The Energy and Commerce Committee Needs to Hear from You!
Source: COAT (Coalition for Accessible Technology)
It is time for us to make noise about H.R. 3101, the Twenty-first Century Communications and Video Accessibility Act. We want H.R. 3101 to be as strong as possible to ensure accessible advanced communications and video programming in the 21st Century.
Industry has been making a lot of noise about H.R. 3101. Industry claims that H.R. 3101 will require all advanced communication and video programming equipment and services to be accessible to every person with every kind of disability. Industry says this requirement will stifle innovation and prevent new technology, products, and services from coming into the market. Even though these claims are not true, Congress has changed H.R. 3101 to address these industry concerns. The new H.R. 3101 (approved by the House Subcommittee on Communications, Technology, and the Internet on June 30, 2010) added several industry protections.
Congress has heard a lot from industry about H.R. 3101. Now it is time for Congress to hear from us. Tell members of the House Committee on Energy and Commerce:
• Making advanced communication products and services accessible does not stifle innovation; accessibility requires innovation.
• Manufacturers and service providers only need make advanced communications accessible when it is achievable through reasonable effort and expense.
• Restore H.R. 3101 Section 105(b) to ensure funding for specialized communication equipment for people who are deaf-blind.
• Restore H.R. 3101 Section 107 to ensure all advanced communications, such as mobile Internet browsing functionality, are accessible to and usable by people who are blind or visually impaired.
• Further inquiries are not needed to determine the use and benefits of video description for people who are blind or have low vision. Strike the video description inquiries from Section 202.
• Do not prohibit the FCC from increasing video description beyond 7 hours per week on only 9 channels. Strike the limit on video description from Section 202.
• Do not limit captioning on the Internet to video programming first published or exhibited on television. Strike “first published or exhibited on television” from Section 202(b). Do not leave deaf and hard of hearing people behind as television moves to the Internet, including video programming shown first or exclusively on the Internet and new IPTV services!
• All devices, regardless of size, can and must be capable of displaying closed captions. Strike the achievable standard and waiver authority for closed captions in Section 203.
Here's what you need to do:
• Use the information above to craft your message.
• Call or fax the members of the House Energy and Commerce Committee now (list below) and ask them to make H.R. 3101 as strong as possible.
• Send e-mail messages through the members’ websites available at www.house.gov.
House Committee on Energy and Commerce (in alphabetical order by state):
Parker Griffith (R-AL-5)
202-225-4801 Phone
202-225-4392 Fax
Anna G. Eshoo (D-CA-14)
202-225-8104 Phone
202-225-8890 Fax
George Radanovich (R-CA-19)
202-225-4540 Phone
202-225-3402 Fax
Henry Waxman, Chair (D-CA-30)
202-225-3976 Phone
202-225-4099 Fax
Mary Bono Mack (R-CA-45)
202-225-5330 Phone
202-225-2961 Fax
Christopher S. Murphy (D-CT-5)
202-225-4476 Phone
202-225-5933 Fax
Cliff Stearns (R-FL-6)
202-225-5744 Phone
202-225-3973 Fax
John Shimkus (R-IL-19)
202-225-5271 Phone
202-225-5880 Fax
Baron P. Hill (D-IN-9)
202-225-5315 Phone
202-225-6866 Fax
Charlie Melancon (D-LA-3)
202-225-4031 Phone
202-225-3354 Fax
Bart Stupak (D-MI-1)
202-225 4735 Phone
202-225-4744 Fax
Fred Upton (R-MI-6)
202-225-3761 Phone
202-225-4986 Fax
Mike Rogers (R-MI-8)
202-225-4872 Phone
202-225-5820 Fax
Roy Blunt, Deputy Ranking Member (R-MO-7)
202-225-6536 Phone
202-225-5604 Fax
Lee Terry (R-NE-2)
202-225-4155 Phone
202-225-5452 Fax
G. K. Butterfield (D-NC-1)
202-225-3101 Phone
202-225-3354 Fax
Robert E. Latta (R-OH-5)
202-225-6405 Phone
800-278-8203 Fax
Zachary T. Space (D-OH-18)
202-225-6265 Phone
202-225-3394 Fax
Bart Gordon (D-TN-6)
202-225-4231 Phone
202-225-6687 Fax
Marsha Blackburn (R-TN-7)
202-225-2811 Phone
202-225-3002 Fax
Joe Barton, Ranking Member (R-TX-6)
202-225-2002 Phone
202-225-3052 Fax
Rick Boucher (D-VA-9)
202-225-3861 Phone
202-225-0442 Fax
Peter Welch (D-VT-AL)
202-225-4115 Phone
202-225-6790 Fax
Tuesday, July 13, 2010
Obey the Law on the Mentally Ill
Obey the Law on the Mentally Ill
New York Times Editorial July 8, 2010
Nearly a year has passed since a federal court ruled that New York violated federal disability law by warehousing mentally ill people in highly restrictive “homes” that are in some ways worse than the psychiatric hospitals they were meant to replace. The court rightly ordered Gov. David Paterson to give about 4,500 mentally ill people the option of moving into supported housing, where they could live independently with the help of social service organizations. In addition to being morally correct, the ruling was fully consistent with the federal Americans with Disabilities Act, which requires that the disabled be treated in the least-restrictive environment. The state, which has appealed the ruling, should stop stalling and comply. The failings of New York’s mental health system were detailed in two state-sponsored reports dating to 2002. The state Commission on Quality of Care for the Mentally Disabled found a pervasive pattern of neglect in the adult homes and said the owners were driving up profits and the cost of Medicaid by subjecting residents to needless, overly expensive medical treatment. A second panel appointed by then-Gov. George Pataki found that many people confined to the homes did not belong there and proposed a timeline for moving about 6,000 of them into supportive housing. This seemed perfectly reasonable given that New York is nationally known for humane, innovative housing developments where mentally ill people who present no danger to themselves or others manage to live independently. But as the court points out, the state ignored the recommendation.
Judge Nicholas Garaufis of Federal District Court in Brooklyn went over this history in detail in last fall’s ruling. By isolating the mentally ill in highly restrictive homes, he pointed out, the state makes it impossible for them to have contact with the wider community or to learn the social skills that would allow them to live independently. The state argued that obeying the ruling would be too costly. But that explanation was recently rejected by the Justice Department, which was so concerned about the state’s treatment of the disabled that it entered the case on behalf of the plaintiffs. Judge Garaufis dismissed the cost excuse in his initial ruling. “The evidence,” he wrote, demonstrates that serving the mentally ill “in supported housing rather than Adult Homes would not increase costs to the state.” He further noted that the homes were more costly thanks to soaring Medicaid costs. “The overall annual Medicaid costs for an individual residing in an Adult Home, were, on average, roughly $15,000 higher than the average Medicaid costs for an individual with mental illness in supported housing,” he said. The point is that supportive housing is both more humane and, in the final analysis, less expensive. The case moved closer to resolution last month when the United States Court of Appeals for the Second Circuit denied the state’s request to stay the initial ruling while it pursues its appeal. This means that the state will have to devise a mechanism for moving at least some people into supportive housing while the litigation runs its course. The better decision would be to drop the appeal altogether and negotiate a settlement that would bring the state into compliance with federal disability law.
http://www.nytimes.com/2010/07/08/opinion/08thu2.html?_r=1
Melanie Shaw, JD
Executive Director
New York Association on Independent Living
One Commerce Plaza
99 Washington Ave., Suite 806A
Albany, NY 12210
Ph. 518-465-4650
FAX 518-465-4625
email mshaw@ilny.org
website www.ilny.org
New York Times Editorial July 8, 2010
Nearly a year has passed since a federal court ruled that New York violated federal disability law by warehousing mentally ill people in highly restrictive “homes” that are in some ways worse than the psychiatric hospitals they were meant to replace. The court rightly ordered Gov. David Paterson to give about 4,500 mentally ill people the option of moving into supported housing, where they could live independently with the help of social service organizations. In addition to being morally correct, the ruling was fully consistent with the federal Americans with Disabilities Act, which requires that the disabled be treated in the least-restrictive environment. The state, which has appealed the ruling, should stop stalling and comply. The failings of New York’s mental health system were detailed in two state-sponsored reports dating to 2002. The state Commission on Quality of Care for the Mentally Disabled found a pervasive pattern of neglect in the adult homes and said the owners were driving up profits and the cost of Medicaid by subjecting residents to needless, overly expensive medical treatment. A second panel appointed by then-Gov. George Pataki found that many people confined to the homes did not belong there and proposed a timeline for moving about 6,000 of them into supportive housing. This seemed perfectly reasonable given that New York is nationally known for humane, innovative housing developments where mentally ill people who present no danger to themselves or others manage to live independently. But as the court points out, the state ignored the recommendation.
Judge Nicholas Garaufis of Federal District Court in Brooklyn went over this history in detail in last fall’s ruling. By isolating the mentally ill in highly restrictive homes, he pointed out, the state makes it impossible for them to have contact with the wider community or to learn the social skills that would allow them to live independently. The state argued that obeying the ruling would be too costly. But that explanation was recently rejected by the Justice Department, which was so concerned about the state’s treatment of the disabled that it entered the case on behalf of the plaintiffs. Judge Garaufis dismissed the cost excuse in his initial ruling. “The evidence,” he wrote, demonstrates that serving the mentally ill “in supported housing rather than Adult Homes would not increase costs to the state.” He further noted that the homes were more costly thanks to soaring Medicaid costs. “The overall annual Medicaid costs for an individual residing in an Adult Home, were, on average, roughly $15,000 higher than the average Medicaid costs for an individual with mental illness in supported housing,” he said. The point is that supportive housing is both more humane and, in the final analysis, less expensive. The case moved closer to resolution last month when the United States Court of Appeals for the Second Circuit denied the state’s request to stay the initial ruling while it pursues its appeal. This means that the state will have to devise a mechanism for moving at least some people into supportive housing while the litigation runs its course. The better decision would be to drop the appeal altogether and negotiate a settlement that would bring the state into compliance with federal disability law.
http://www.nytimes.com/2010/07/08/opinion/08thu2.html?_r=1
Melanie Shaw, JD
Executive Director
New York Association on Independent Living
One Commerce Plaza
99 Washington Ave., Suite 806A
Albany, NY 12210
Ph. 518-465-4650
FAX 518-465-4625
email mshaw@ilny.org
website www.ilny.org
A Message From Our Governor
Message from our Governor David Paterson
My Fellow New Yorker:
I’m working to get our economy back on track, and I need your help. A key piece of legislation that would protect and create hundreds of thousands of jobs in New York State has passed the Senate 59-2, with support from both Republicans and Democrats from Upstate and New York City. The bill would create a permanent economic development program administered by the New York Power Authority (NYPA) called Energize New York that would use one of New York’s great natural resources – low-cost power produced by our hydro power plants – to bring in new jobs and protect existing jobs in our State. Our bi-partisan plan would provide participating businesses with multi-year low-cost power contracts in exchange for commitments of jobs and capital investments.
Energize New York would replace two recently expired economic development programs - Power for Jobs and the Energy Cost Savings Benefit program. More than 320,000 jobs statewide were supported by those programs, and because we’ve designed Energize New York to be more than 50 percent larger than those programs combined, Energize New York could be capable of supporting 490,000 jobs across the State. This means that not only could Energize New York support existing businesses in the State, but it could also attract new businesses and create tens of thousands of new jobs.
But the Energize New York plan has not even been introduced in the Assembly, despite remarks made by Speaker Sheldon Silver more than a year ago, when he called for the creation of such a program, saying “Businesses need certainty. I would ask that we allow time in the next session to put a permanent or multi-year solution in place.”
Instead – and in typical Albany fashion – the Assembly has offered a proposal that sounds good, but cannot be paid for. The Assembly bill would direct NYPA to offer cash-supported discounts to businesses, instead of low-cost power, which would be funded by NYPA revenue; however NYPA’s revenues vary from year to year and cannot be forecasted with a reasonable degree of certainty years into the future. This approach fails to achieve our basic objective, which is to provide businesses with certainty they need to invest in New York and New Yorkers.
While utilizing this hydropower is exactly how we can create a stable, predictable and sustainable economic development program, it is also why the Assembly refuses to act on our proposal. In 2009, this power provided an average discount of $2 to $4 per month to Upstate residential customers - a benefit the Assembly says is too significant to give up. But in reality, what those same customers would be giving up in lost jobs and lost opportunities for job creation within their communities - opportunities to keep local graduates in the State - is much greater.
Furthermore, our proposal would continue to provide special benefits for Upstate. Residential customers would see no reduction to their discounts for two years. Over the following three years, the discount would be gradually reduced but not eliminated. Revenue generated from NYPA’s sale of the Energize New York power would be used to provide a permanent discount to Upstate residential customers, and Upstate farmers that currently get a discount would continue receiving the same level of discount they receive today. Additionally, at least 35 percent of the new Energize New York power would be dedicated only for Upstate businesses. In these difficult times, it is critical that we make the most of our limited resources – our plan continues to provide benefits to Upstaters while providing an unprecedented opportunity for economic growth statewide. You don’t have to take my word that our approach is the best path forward. Business and labor groups, as well as editorial boards from every corner of the State have supported our approach:
Newsday: “Gov. David A. Paterson is wisely refusing to sign the latest stopgap renewal passed by the legislature, because he has a better idea: Energize New York, a self-sustaining program that will reallocate 455 megawatts of NYPA's cheap hydropower, add it to an equal amount of market-rate power, and create a 910-megawatt program that will provide less expensive electricity to spur economic development across the state. … the Senate - including key upstaters - agrees with Paterson. Now the Assembly must get with the program and pass this bill, to light up jobs statewide.” (6/14/10)
Syracuse Post Standard: “Short-term extenders do not provide the predictability businesses need to plan and prosper. A freeze on new businesses defeats the goal of luring new jobs to the state. Awarding benefits retroactively is just the opposite of planning ahead … However, lawmakers do have a remedy at hand that would create the needed predictability going forward for companies that need a hand in meeting their energy needs. The program has another catchy title — Energize New York. Not only would it open up some 910 megawatts of subsidized power from the New York Power Authority to businesses, it would offer seven-year contracts.” (7/2/10)
The Buffalo News: “The measure would also preserve some benefits for residences, though they would decline over time. Again, though, those minimal savings were a relative waste of a valuable resource. Upstate is much better off devoting that power to a pool that can produce jobs than frittering it away on small breaks for thousands of residential customers.” (6/1/10)
Binghamton Press and Sun: “…Albany is playing politics with a key business benefit — reduced power costs to employers. It's a game with the state's Power for Jobs program that Gov. David Paterson is trying to bring to an end by making the program permanent rather than renewable on an annual basis, which is what has occurred for the last five years of the 13-year program. Now Paterson needs some help. He's getting it from the Senate, which seems eager to go along with the governor's quest for permanency. The Assembly, however, appears to be balking, thereby leaving in limbo a key investment and job retention tool for New York.” (5/20/10)
Now is exactly the time for such a program. The nationwide recession has taken a hard toll on New York families. More than 330,000 people lost their jobs between July 2008 and December 2009. Unemployment remains over 8 percent statewide, and over 800,000 New Yorkers are currently without work. Firms across the State, particularly in the manufacturing sector, are shedding jobs or, worse yet, permanently closing.
Please call your local member of the Assembly to ask for their support of S.8065, the Energize New York bill. It is not too late to make a difference and put people back to work.
To find your Assembly member please visit: http://www.assembly.state.ny.us/mem/.
David A. Paterson
Governor of New York State
My Fellow New Yorker:
I’m working to get our economy back on track, and I need your help. A key piece of legislation that would protect and create hundreds of thousands of jobs in New York State has passed the Senate 59-2, with support from both Republicans and Democrats from Upstate and New York City. The bill would create a permanent economic development program administered by the New York Power Authority (NYPA) called Energize New York that would use one of New York’s great natural resources – low-cost power produced by our hydro power plants – to bring in new jobs and protect existing jobs in our State. Our bi-partisan plan would provide participating businesses with multi-year low-cost power contracts in exchange for commitments of jobs and capital investments.
Energize New York would replace two recently expired economic development programs - Power for Jobs and the Energy Cost Savings Benefit program. More than 320,000 jobs statewide were supported by those programs, and because we’ve designed Energize New York to be more than 50 percent larger than those programs combined, Energize New York could be capable of supporting 490,000 jobs across the State. This means that not only could Energize New York support existing businesses in the State, but it could also attract new businesses and create tens of thousands of new jobs.
But the Energize New York plan has not even been introduced in the Assembly, despite remarks made by Speaker Sheldon Silver more than a year ago, when he called for the creation of such a program, saying “Businesses need certainty. I would ask that we allow time in the next session to put a permanent or multi-year solution in place.”
Instead – and in typical Albany fashion – the Assembly has offered a proposal that sounds good, but cannot be paid for. The Assembly bill would direct NYPA to offer cash-supported discounts to businesses, instead of low-cost power, which would be funded by NYPA revenue; however NYPA’s revenues vary from year to year and cannot be forecasted with a reasonable degree of certainty years into the future. This approach fails to achieve our basic objective, which is to provide businesses with certainty they need to invest in New York and New Yorkers.
While utilizing this hydropower is exactly how we can create a stable, predictable and sustainable economic development program, it is also why the Assembly refuses to act on our proposal. In 2009, this power provided an average discount of $2 to $4 per month to Upstate residential customers - a benefit the Assembly says is too significant to give up. But in reality, what those same customers would be giving up in lost jobs and lost opportunities for job creation within their communities - opportunities to keep local graduates in the State - is much greater.
Furthermore, our proposal would continue to provide special benefits for Upstate. Residential customers would see no reduction to their discounts for two years. Over the following three years, the discount would be gradually reduced but not eliminated. Revenue generated from NYPA’s sale of the Energize New York power would be used to provide a permanent discount to Upstate residential customers, and Upstate farmers that currently get a discount would continue receiving the same level of discount they receive today. Additionally, at least 35 percent of the new Energize New York power would be dedicated only for Upstate businesses. In these difficult times, it is critical that we make the most of our limited resources – our plan continues to provide benefits to Upstaters while providing an unprecedented opportunity for economic growth statewide. You don’t have to take my word that our approach is the best path forward. Business and labor groups, as well as editorial boards from every corner of the State have supported our approach:
Newsday: “Gov. David A. Paterson is wisely refusing to sign the latest stopgap renewal passed by the legislature, because he has a better idea: Energize New York, a self-sustaining program that will reallocate 455 megawatts of NYPA's cheap hydropower, add it to an equal amount of market-rate power, and create a 910-megawatt program that will provide less expensive electricity to spur economic development across the state. … the Senate - including key upstaters - agrees with Paterson. Now the Assembly must get with the program and pass this bill, to light up jobs statewide.” (6/14/10)
Syracuse Post Standard: “Short-term extenders do not provide the predictability businesses need to plan and prosper. A freeze on new businesses defeats the goal of luring new jobs to the state. Awarding benefits retroactively is just the opposite of planning ahead … However, lawmakers do have a remedy at hand that would create the needed predictability going forward for companies that need a hand in meeting their energy needs. The program has another catchy title — Energize New York. Not only would it open up some 910 megawatts of subsidized power from the New York Power Authority to businesses, it would offer seven-year contracts.” (7/2/10)
The Buffalo News: “The measure would also preserve some benefits for residences, though they would decline over time. Again, though, those minimal savings were a relative waste of a valuable resource. Upstate is much better off devoting that power to a pool that can produce jobs than frittering it away on small breaks for thousands of residential customers.” (6/1/10)
Binghamton Press and Sun: “…Albany is playing politics with a key business benefit — reduced power costs to employers. It's a game with the state's Power for Jobs program that Gov. David Paterson is trying to bring to an end by making the program permanent rather than renewable on an annual basis, which is what has occurred for the last five years of the 13-year program. Now Paterson needs some help. He's getting it from the Senate, which seems eager to go along with the governor's quest for permanency. The Assembly, however, appears to be balking, thereby leaving in limbo a key investment and job retention tool for New York.” (5/20/10)
Now is exactly the time for such a program. The nationwide recession has taken a hard toll on New York families. More than 330,000 people lost their jobs between July 2008 and December 2009. Unemployment remains over 8 percent statewide, and over 800,000 New Yorkers are currently without work. Firms across the State, particularly in the manufacturing sector, are shedding jobs or, worse yet, permanently closing.
Please call your local member of the Assembly to ask for their support of S.8065, the Energize New York bill. It is not too late to make a difference and put people back to work.
To find your Assembly member please visit: http://www.assembly.state.ny.us/mem/.
David A. Paterson
Governor of New York State
Wednesday, July 7, 2010
Legislative Lookout Spring/Summer Issue 6
The Legislative Lookout
Issue 6
July 2010
Published and distributed by the Catskill Center for Independence, “The Legislative Lookout” is a newsletter devoted to improving the quality of life for individuals with disabilities by taking action to achieve a barrier-free, fully inclusive society.
The vehicle used to accomplish this goal is the Statewide Systems Advocacy Network (SSAN). This newsletter is designed to keep you informed about the goals, actions and accomplishments of the SSAN. It also provides ideas and avenues for interested citizens like you to get involved.
A Message from Your Systems Advocate
Welcome to another issue of “The Legislative Lookout,” where an open invitation is always extended to anyone interested in becoming involved in the Statewide Systems Advocacy Network (SSAN). This newsletter is designed to introduce readers to the numerous barriers confronting persons with disabilities and point out the variety of ways individuals can participate in order to bring about positive change in their community, their family, and even improve their own quality of life. The difference our advocacy network makes is that people don’t work alone, but work in concert with many others.
In this issue, we have several successes to brag about. Thanks to your support and your response to action alerts, several bills related directly to the NYAIL Disability Priority Agenda have been passed by both the Assembly and the Senate and are awaiting the signature of our Governor. We must do whatever is necessary so that Governor Paterson does not veto the Polling Site Access bill or any of the other bills he has threatened to veto.
The passage of these bills is particularly significant to the disability community this year as we celebrate the 20th anniversary of the Americans with Disabilities Act. The State Legislature in both houses has voted for the will of the people and we encourage our “disabled” Governor to keep that in mind as he reviews these bills for his signature. Until these bills are signed, we must continually contact his office to impress upon him the importance of these bills and that a veto is not acceptable.
Don’t forget to visit our blog which complements this newsletter, promotes discussion and serves to inform participants about the goals, actions and accomplishments of the SSAN. It is a work in progress, so feel free to post your comments at:
http://www.ssan-network.blogspot.com
You can also sign up on our yahoogroups list, another way to foster communication among its subscribers regarding legislative issues and related action alerts. This group list is at: SSAN-CCFI@yahoogroups.com
If you have any other questions or concerns, call the Center at 607-432-8000.
As you read on, remember that the Center is always on the “lookout” for new advocates interested in getting involved in the community by becoming an SSAN volunteer. No previous experience is necessary, just a desire to be part of an exciting team working together to create a barrier free environment for all New Yorkers.
So, if you haven’t already done so, join today. Tell your family and friends about the SSAN and take this opportunity to let your voice be heard! You’ll be glad you did!
NYAIL 2010 Disability Priority Agenda Summary
The New York Association on Independent Living (NYAIL) and the Catskill Center for Independence (CCFI) are dedicated to removing barriers to full community integration of all people with disabilities.
The NYAIL Disability Priority Agenda (DPA) reflects this and is the foundation upon which action alerts are constructed. The overall theme of the DPA is that: Disability programs and policies should support living and working in the most integrated setting. This is a requirement of the Americans with Disabilities Act (ADA) and the 1999 Supreme Court Olmstead decision.
The abbreviated agenda below proposes the following priorities to address barriers to community living and ensure the civil rights of people with disabilities are protected.
1. HOUSING
a) Incorporate the housing provisions of Section 504 of the Rehabilitation Act into State law. A.7851 (Titus)
Housing developers often fail to comply with Section 504’s requirement to set aside a certain percentage of accessible units for people with disabilities when federal dollars are used for construction.
b) Establish standards for “visitability” in State law, requiring all newly constructed single-family houses, townhouses and ground-floor units of duplexes and triplexes built with public funds to be made accessible. A. 9409 (Millman) and S.1499 (DeFrancisco)
c) Make discrimination by landlords based on a tenant’s source of income illegal under State Human Rights Law.
Landlords often reject tenants with rental subsidies, such as Section 8 and subsidies tied to the Nursing Facility Transition and Diversion and Traumatic
Brain Injury Medicaid Waivers, sources of housing funds heavily relied upon by many people with disabilities.
2. CIVIL RIGHTS
a) Incorporate Title II of ADA into NYS Human Rights Law. A.781-B (Paulin) and S.5396 (Huntley) – Veto message # 61
b) Waive the State’s sovereign immunity to claims under the ADA and Section 504. A.3651 (Lifton) and S.2833 (Krueger)
The Americans with Disabilities Act (ADA) of 1990 and Section 504 of the
Rehabilitation Act of 1973, each provides comprehensive protection for the civil rights of people with disabilities under federal law. Under the 1999 US Supreme
Court Olmstead decision, people with disabilities are entitled to receive the services and supports they need to live in the community and avoid unwanted placement in nursing facilities and other institutions.
3. ELECTION REFORM
a) Eliminate provisions in Section 4-104 (1-a) of State Election Law allowing waivers for polling place accessibility requirements.
b) Require polling places to comply with ADA accessibility guidelines and ensure access surveys are conducted at all polling places.
c) Require election workers to receive mandatory training in disability etiquette and use of Ballot Marking Devices (BMD). S.1058 (Addabbo) and A. 584 (Cahill) - Veto message # 60
4. MENTAL HEALTH
a) 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)
5. TRANSPORTATION
a) Cap fares for paratransit transportation at levels no higher than the base fares for transportation of non-disabled adults utilizing the transit system. S. 2933 (Duane) and A. 6489 (Kellner)
b) Require transportation service providers, such as taxis, limousines and shuttle services, to purchase accessible vehicles. A.5549 (Titus)
Even though we often have the support of our law makers it can sometimes seem like we are trying to climb a mountain. Even today, after the ADA and other disability related law, people with disabilities still face so many barriers in employment, education, housing, health care and voting that the barriers sometimes seem insurmountable.
The Statewide Systems Advocacy Network (SSAN) employs a variety of strategies and methods in its efforts to achieve the goals outlined in the Disability Priority Agenda by coordinating volunteers across the state that stand “at the ready” and are mobilized to action when called upon.
The Center is always on the “lookout” for new advocates interested in getting involved in the community by becoming an SSAN volunteer. No previous experience is necessary, just a desire to be part of an exciting team working together helping to create a barrier free environment for all New Yorkers.
If you think you might qualify, please contact Charlie at the Center at 607.432.8000 or via email at ccfi@ccfi.us.
A Job Well Done
Thanks to the SSAN for Achieving Real Success
Four bills from the NYAIL Disability Priority Agenda recently passed the Senate as part of a disability legislation package: S.7860 ensuring poll site accessibility, S.7482 incorporating Title II of ADA into NYS Human Rights Law, S.7800 incorporating the housing provisions of Section 504 of the Rehabilitation Act into State law, and S.2933 capping paratransit fares. Also included were two resolutions; the first commemorating the 20th anniversary of the enactment of the Americans with Disabilities Act in 1990, the second honoring the hard work and achievement of the independent living movement over the past several decades.
Special thanks goes to the Catskill Center for Independence, NYAIL and NYAIL Subcommittees, the SSAN and you, our volunteer advocates, for your hard work, endless calls, letters, faxes and emails which helped to pass these bills.
Polling Site Access: Are we there yet?
Praise is due to the New York State Senate for passing several bills recently aimed at achieving greater equality for people with disabilities. Among these was A.10946/S.7860, a bill mandating polling sites comply with accessibility guidelines established by the federal Americans with Disabilities Act (ADA) of 1990.
Last year, the exact same legislation passed both the State Senate and Assembly, but was vetoed by our disabled Governor. Now we are working to safeguard the bill against another veto by Governor Paterson this year. Being able to vote privately and independently alongside everyone else is a fundamental right. It is ironic that the state has spent millions of dollars on accessible voting machines enabling disabled voters to vote, but lags behind in ensuring voters across the state can get into the polls to use them.
For nearly twenty years the Catskill Center for Independence and the Statewide Systems Advocacy Network (SSAN) have been at the forefront of voter access issues bringing civil action to our area of the state through the Attorney General’s Office and initiating legislation that would make it possible for people with disabilities to have access to their polling site. From the Civil Rights Act to the Voting Access for the Elderly and Handicapped Act, the ADA and now the Help America Vote Act (HAVA), polling site access has been a legal concept for almost forty years. HAVA seals the deal and requires every polling site to be physically accessible - no exceptions, no excuses - and funds have been granted to every state to ensure this happens. Even with all these federal laws and determined advocacy over the years, New York’s Election Law still needs to be brought into alignment with federal guideline; the NYS Senate’s June 10th passage of A.10946/S.7860 was a step towards that alignment.
This bill provides for oversight at the State level and empowers the New York State Board of Elections to enforce the minimum standards by providing clear and complete instructions to the county boards of election on meeting and maintaining ADA guidelines for accessibility at polling sites. This is desirable as county boards do not necessarily have the knowledge of accessibility standards, such as a clear path of travel, designating temporary accessible parking, and adequate directional signage. Poll site workers do not have knowledge of the requirements necessary to avoid inadvertent errors on Election Day during site set-up. Education and a guide would address the pervasive problem of inadvertent errors and lack of uniformity by creating a common template used by all counties.
One unfortunate note in this otherwise positive turn of events is our own state Senator James Seward, R-Milford, didn't vote for this bill. Seward spokesman Jeff Bishop said the senator cast a nay vote because of the financial implications for small communities. While Seward favors equal access for everyone at the polls, Bishop said Seward believes small municipalities need to have the means to comply before they can be forced to comply. This is difficult to understand because the state has been, under HAVA, receiving millions of dollars in federal money over the last several years to modernize its voting systems and make polling places accessible. This was quite a disappointment since Senator Seward has typically been a supporter of legislation to benefit persons with disabilities.
Getting A.10946/S.7860 signed into law is imperative in order to safeguard our basic civil rights. The disability community, representing one-fifth of the electorate in New York State, has waited long enough to be able to vote like our non-disabled neighbors.
What Is Visitability?
Or Why It Defies Logic to Build New Homes That Block People Out, When it's so
Easy and Inexpensive to Build New Homes That Let People In!
The Catskill Center for Independence assists dozens of individuals each year who face significant barriers to accessing necessary quality housing that is both accessible and affordable. We frequently experience issues of scarcity of housing as well as encounter attitudes which express either a lack of interest in providing, or working towards planning for such housing.
As you may know, the lack of housing is the most significant barrier to full community integration for people with disabilities, seniors and in particular, for individuals wishing to transition from or avoid living in institutional settings.
New housing construction can easily be designed to incorporate necessary elements to provide access (visitability) at minimal cost, but has yet to become a common approach to new home construction. A trend that has been growing nationally over the past several years, visitability provides for single-family housing that is designed to be lived in or visited by anyone, including people with disabilities, young children, and the elderly. Visitability is an affordable design approach that integrates accessible features in newly built homes, designed in such a way that it can be lived in or visited by all people including people with disabilities, young children and the elderly, the fastest growing segment of our society. Accessible features are cost-efficient because they're included during the design stage rather than added on later.
Building housing that is universally accessible has always made sense—common sense and dollars and cents. For one thing, it's less expensive to build a home one can age in, not to have to sell and move once stairs become a nuisance to the occupants. Home builders are paying more attention to design as America's millions of Baby Boomers are approaching retirement, making the idea of "aging in place" a popular one.
Visitability (or universal design) also makes a home livable to anybody experiencing a temporary disability, such as a sprained ankle, knee-surgery or back injury. It’s usually inevitable at some time in a person's life (hopefully not for long) to experience a temporary disability. But for millions of Americans, disability is a way of life, and that is why more building is being done with visitability in mind. Depending on where you live, state and federal regulations are evolving to mandate visitability features be included in newly constructed single-family houses, townhouses and ground-floor units of duplexes and triplexes built with federal or public funds.
Houses that are visitable have a gradual rise to the front door, rather than steps, wider doorways (at least 36 inches), first-floor restrooms with enough turning radius for a wheelchair, and grab bars. Lowered electrical switches and outlets are also included in some municipalities. And that's it: nothing fancy; no lifts, elevators, or other assistive devices.
Visitors can be grandparents, friends, siblings, or the not-so-unusual client who uses a wheelchair. Accessibility is even useful to "latchkey" kids when lowered counters are installed. I’m sure that each of us has friends, family members or acquaintances that would benefit by any one of these features.
It is important to note, that providing such features does not require funds from any social program or industry. Visitability simply does not cost a lot of money. It is estimated that achieving visitability in houses built on concrete slabs can cost $100 or less per house, while houses built on a crawl space can achieve visitability for $500 per house.
Our elderly population represents the fastest growing segment of our society. It is their comfort and safety, and eventually our own, which deserves immediate attention.
In conclusion, it is the desire of advocates for persons with disabilities that our legislators 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 federal or public funds to be made accessible.
What needs to be fully understood is that there is a housing crisis in New York State for people with disabilities. As the federal government makes changes to existing housing programs, programs private owners often opt out of; the availability of housing for people with disabilities becomes scarcer every day. The bottom line is that people with disabilities can end up or remain in institutions because there is very little accessible and affordable housing available to them. Homes that are made visitable can help to reverse this trend.
Now that you know what visitability means and how important it is to you and your future, make sure that you contact your legislators to ensure that they know as well.
Please contact the Catskill Center for Independence for more information. In addition, the Rehabilitation Engineering Research Center on Universal Design at SUNY/Buffalo has produced the booklet "Visit-ability: an Approach to Universal Design in Housing." It is available for download at http://www.udeworld.com/visbooklet/visitabilitybooklet.pdf
If you would like any additional information regarding the content of this newsletter or about the Statewide Systems Advocacy Network contact:
Charles Reichardt
Systems Advocate
Catskill Center for Independence
607.432.8000 or ccfi@ccfi.us
Issue 6
July 2010
Published and distributed by the Catskill Center for Independence, “The Legislative Lookout” is a newsletter devoted to improving the quality of life for individuals with disabilities by taking action to achieve a barrier-free, fully inclusive society.
The vehicle used to accomplish this goal is the Statewide Systems Advocacy Network (SSAN). This newsletter is designed to keep you informed about the goals, actions and accomplishments of the SSAN. It also provides ideas and avenues for interested citizens like you to get involved.
A Message from Your Systems Advocate
Welcome to another issue of “The Legislative Lookout,” where an open invitation is always extended to anyone interested in becoming involved in the Statewide Systems Advocacy Network (SSAN). This newsletter is designed to introduce readers to the numerous barriers confronting persons with disabilities and point out the variety of ways individuals can participate in order to bring about positive change in their community, their family, and even improve their own quality of life. The difference our advocacy network makes is that people don’t work alone, but work in concert with many others.
In this issue, we have several successes to brag about. Thanks to your support and your response to action alerts, several bills related directly to the NYAIL Disability Priority Agenda have been passed by both the Assembly and the Senate and are awaiting the signature of our Governor. We must do whatever is necessary so that Governor Paterson does not veto the Polling Site Access bill or any of the other bills he has threatened to veto.
The passage of these bills is particularly significant to the disability community this year as we celebrate the 20th anniversary of the Americans with Disabilities Act. The State Legislature in both houses has voted for the will of the people and we encourage our “disabled” Governor to keep that in mind as he reviews these bills for his signature. Until these bills are signed, we must continually contact his office to impress upon him the importance of these bills and that a veto is not acceptable.
Don’t forget to visit our blog which complements this newsletter, promotes discussion and serves to inform participants about the goals, actions and accomplishments of the SSAN. It is a work in progress, so feel free to post your comments at:
http://www.ssan-network.blogspot.com
You can also sign up on our yahoogroups list, another way to foster communication among its subscribers regarding legislative issues and related action alerts. This group list is at: SSAN-CCFI@yahoogroups.com
If you have any other questions or concerns, call the Center at 607-432-8000.
As you read on, remember that the Center is always on the “lookout” for new advocates interested in getting involved in the community by becoming an SSAN volunteer. No previous experience is necessary, just a desire to be part of an exciting team working together to create a barrier free environment for all New Yorkers.
So, if you haven’t already done so, join today. Tell your family and friends about the SSAN and take this opportunity to let your voice be heard! You’ll be glad you did!
NYAIL 2010 Disability Priority Agenda Summary
The New York Association on Independent Living (NYAIL) and the Catskill Center for Independence (CCFI) are dedicated to removing barriers to full community integration of all people with disabilities.
The NYAIL Disability Priority Agenda (DPA) reflects this and is the foundation upon which action alerts are constructed. The overall theme of the DPA is that: Disability programs and policies should support living and working in the most integrated setting. This is a requirement of the Americans with Disabilities Act (ADA) and the 1999 Supreme Court Olmstead decision.
The abbreviated agenda below proposes the following priorities to address barriers to community living and ensure the civil rights of people with disabilities are protected.
1. HOUSING
a) Incorporate the housing provisions of Section 504 of the Rehabilitation Act into State law. A.7851 (Titus)
Housing developers often fail to comply with Section 504’s requirement to set aside a certain percentage of accessible units for people with disabilities when federal dollars are used for construction.
b) Establish standards for “visitability” in State law, requiring all newly constructed single-family houses, townhouses and ground-floor units of duplexes and triplexes built with public funds to be made accessible. A. 9409 (Millman) and S.1499 (DeFrancisco)
c) Make discrimination by landlords based on a tenant’s source of income illegal under State Human Rights Law.
Landlords often reject tenants with rental subsidies, such as Section 8 and subsidies tied to the Nursing Facility Transition and Diversion and Traumatic
Brain Injury Medicaid Waivers, sources of housing funds heavily relied upon by many people with disabilities.
2. CIVIL RIGHTS
a) Incorporate Title II of ADA into NYS Human Rights Law. A.781-B (Paulin) and S.5396 (Huntley) – Veto message # 61
b) Waive the State’s sovereign immunity to claims under the ADA and Section 504. A.3651 (Lifton) and S.2833 (Krueger)
The Americans with Disabilities Act (ADA) of 1990 and Section 504 of the
Rehabilitation Act of 1973, each provides comprehensive protection for the civil rights of people with disabilities under federal law. Under the 1999 US Supreme
Court Olmstead decision, people with disabilities are entitled to receive the services and supports they need to live in the community and avoid unwanted placement in nursing facilities and other institutions.
3. ELECTION REFORM
a) Eliminate provisions in Section 4-104 (1-a) of State Election Law allowing waivers for polling place accessibility requirements.
b) Require polling places to comply with ADA accessibility guidelines and ensure access surveys are conducted at all polling places.
c) Require election workers to receive mandatory training in disability etiquette and use of Ballot Marking Devices (BMD). S.1058 (Addabbo) and A. 584 (Cahill) - Veto message # 60
4. MENTAL HEALTH
a) 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)
5. TRANSPORTATION
a) Cap fares for paratransit transportation at levels no higher than the base fares for transportation of non-disabled adults utilizing the transit system. S. 2933 (Duane) and A. 6489 (Kellner)
b) Require transportation service providers, such as taxis, limousines and shuttle services, to purchase accessible vehicles. A.5549 (Titus)
Even though we often have the support of our law makers it can sometimes seem like we are trying to climb a mountain. Even today, after the ADA and other disability related law, people with disabilities still face so many barriers in employment, education, housing, health care and voting that the barriers sometimes seem insurmountable.
The Statewide Systems Advocacy Network (SSAN) employs a variety of strategies and methods in its efforts to achieve the goals outlined in the Disability Priority Agenda by coordinating volunteers across the state that stand “at the ready” and are mobilized to action when called upon.
The Center is always on the “lookout” for new advocates interested in getting involved in the community by becoming an SSAN volunteer. No previous experience is necessary, just a desire to be part of an exciting team working together helping to create a barrier free environment for all New Yorkers.
If you think you might qualify, please contact Charlie at the Center at 607.432.8000 or via email at ccfi@ccfi.us.
A Job Well Done
Thanks to the SSAN for Achieving Real Success
Four bills from the NYAIL Disability Priority Agenda recently passed the Senate as part of a disability legislation package: S.7860 ensuring poll site accessibility, S.7482 incorporating Title II of ADA into NYS Human Rights Law, S.7800 incorporating the housing provisions of Section 504 of the Rehabilitation Act into State law, and S.2933 capping paratransit fares. Also included were two resolutions; the first commemorating the 20th anniversary of the enactment of the Americans with Disabilities Act in 1990, the second honoring the hard work and achievement of the independent living movement over the past several decades.
Special thanks goes to the Catskill Center for Independence, NYAIL and NYAIL Subcommittees, the SSAN and you, our volunteer advocates, for your hard work, endless calls, letters, faxes and emails which helped to pass these bills.
Polling Site Access: Are we there yet?
Praise is due to the New York State Senate for passing several bills recently aimed at achieving greater equality for people with disabilities. Among these was A.10946/S.7860, a bill mandating polling sites comply with accessibility guidelines established by the federal Americans with Disabilities Act (ADA) of 1990.
Last year, the exact same legislation passed both the State Senate and Assembly, but was vetoed by our disabled Governor. Now we are working to safeguard the bill against another veto by Governor Paterson this year. Being able to vote privately and independently alongside everyone else is a fundamental right. It is ironic that the state has spent millions of dollars on accessible voting machines enabling disabled voters to vote, but lags behind in ensuring voters across the state can get into the polls to use them.
For nearly twenty years the Catskill Center for Independence and the Statewide Systems Advocacy Network (SSAN) have been at the forefront of voter access issues bringing civil action to our area of the state through the Attorney General’s Office and initiating legislation that would make it possible for people with disabilities to have access to their polling site. From the Civil Rights Act to the Voting Access for the Elderly and Handicapped Act, the ADA and now the Help America Vote Act (HAVA), polling site access has been a legal concept for almost forty years. HAVA seals the deal and requires every polling site to be physically accessible - no exceptions, no excuses - and funds have been granted to every state to ensure this happens. Even with all these federal laws and determined advocacy over the years, New York’s Election Law still needs to be brought into alignment with federal guideline; the NYS Senate’s June 10th passage of A.10946/S.7860 was a step towards that alignment.
This bill provides for oversight at the State level and empowers the New York State Board of Elections to enforce the minimum standards by providing clear and complete instructions to the county boards of election on meeting and maintaining ADA guidelines for accessibility at polling sites. This is desirable as county boards do not necessarily have the knowledge of accessibility standards, such as a clear path of travel, designating temporary accessible parking, and adequate directional signage. Poll site workers do not have knowledge of the requirements necessary to avoid inadvertent errors on Election Day during site set-up. Education and a guide would address the pervasive problem of inadvertent errors and lack of uniformity by creating a common template used by all counties.
One unfortunate note in this otherwise positive turn of events is our own state Senator James Seward, R-Milford, didn't vote for this bill. Seward spokesman Jeff Bishop said the senator cast a nay vote because of the financial implications for small communities. While Seward favors equal access for everyone at the polls, Bishop said Seward believes small municipalities need to have the means to comply before they can be forced to comply. This is difficult to understand because the state has been, under HAVA, receiving millions of dollars in federal money over the last several years to modernize its voting systems and make polling places accessible. This was quite a disappointment since Senator Seward has typically been a supporter of legislation to benefit persons with disabilities.
Getting A.10946/S.7860 signed into law is imperative in order to safeguard our basic civil rights. The disability community, representing one-fifth of the electorate in New York State, has waited long enough to be able to vote like our non-disabled neighbors.
What Is Visitability?
Or Why It Defies Logic to Build New Homes That Block People Out, When it's so
Easy and Inexpensive to Build New Homes That Let People In!
The Catskill Center for Independence assists dozens of individuals each year who face significant barriers to accessing necessary quality housing that is both accessible and affordable. We frequently experience issues of scarcity of housing as well as encounter attitudes which express either a lack of interest in providing, or working towards planning for such housing.
As you may know, the lack of housing is the most significant barrier to full community integration for people with disabilities, seniors and in particular, for individuals wishing to transition from or avoid living in institutional settings.
New housing construction can easily be designed to incorporate necessary elements to provide access (visitability) at minimal cost, but has yet to become a common approach to new home construction. A trend that has been growing nationally over the past several years, visitability provides for single-family housing that is designed to be lived in or visited by anyone, including people with disabilities, young children, and the elderly. Visitability is an affordable design approach that integrates accessible features in newly built homes, designed in such a way that it can be lived in or visited by all people including people with disabilities, young children and the elderly, the fastest growing segment of our society. Accessible features are cost-efficient because they're included during the design stage rather than added on later.
Building housing that is universally accessible has always made sense—common sense and dollars and cents. For one thing, it's less expensive to build a home one can age in, not to have to sell and move once stairs become a nuisance to the occupants. Home builders are paying more attention to design as America's millions of Baby Boomers are approaching retirement, making the idea of "aging in place" a popular one.
Visitability (or universal design) also makes a home livable to anybody experiencing a temporary disability, such as a sprained ankle, knee-surgery or back injury. It’s usually inevitable at some time in a person's life (hopefully not for long) to experience a temporary disability. But for millions of Americans, disability is a way of life, and that is why more building is being done with visitability in mind. Depending on where you live, state and federal regulations are evolving to mandate visitability features be included in newly constructed single-family houses, townhouses and ground-floor units of duplexes and triplexes built with federal or public funds.
Houses that are visitable have a gradual rise to the front door, rather than steps, wider doorways (at least 36 inches), first-floor restrooms with enough turning radius for a wheelchair, and grab bars. Lowered electrical switches and outlets are also included in some municipalities. And that's it: nothing fancy; no lifts, elevators, or other assistive devices.
Visitors can be grandparents, friends, siblings, or the not-so-unusual client who uses a wheelchair. Accessibility is even useful to "latchkey" kids when lowered counters are installed. I’m sure that each of us has friends, family members or acquaintances that would benefit by any one of these features.
It is important to note, that providing such features does not require funds from any social program or industry. Visitability simply does not cost a lot of money. It is estimated that achieving visitability in houses built on concrete slabs can cost $100 or less per house, while houses built on a crawl space can achieve visitability for $500 per house.
Our elderly population represents the fastest growing segment of our society. It is their comfort and safety, and eventually our own, which deserves immediate attention.
In conclusion, it is the desire of advocates for persons with disabilities that our legislators 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 federal or public funds to be made accessible.
What needs to be fully understood is that there is a housing crisis in New York State for people with disabilities. As the federal government makes changes to existing housing programs, programs private owners often opt out of; the availability of housing for people with disabilities becomes scarcer every day. The bottom line is that people with disabilities can end up or remain in institutions because there is very little accessible and affordable housing available to them. Homes that are made visitable can help to reverse this trend.
Now that you know what visitability means and how important it is to you and your future, make sure that you contact your legislators to ensure that they know as well.
Please contact the Catskill Center for Independence for more information. In addition, the Rehabilitation Engineering Research Center on Universal Design at SUNY/Buffalo has produced the booklet "Visit-ability: an Approach to Universal Design in Housing." It is available for download at http://www.udeworld.com/visbooklet/visitabilitybooklet.pdf
If you would like any additional information regarding the content of this newsletter or about the Statewide Systems Advocacy Network contact:
Charles Reichardt
Systems Advocate
Catskill Center for Independence
607.432.8000 or ccfi@ccfi.us
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