STATE OF NEW YORK ________________________________________________________________________ 121 2017-2018 Regular Sessions IN ASSEMBLY (Prefiled) January 4, 2017 ___________ Introduced by M. of A. CAHILL -- Multi-Sponsored by -- M. of A. CUSICK, DINOWITZ, GALEF, GLICK, GOTTFRIED, LIFTON, LUPARDO, ORTIZ, PAULIN, ROSENTHAL -- read once and referred to the Committee on Governmental Operations AN ACT to amend the executive law, in relation to clarifying the scope of protections against discrimination on the basis of disability in the area of government services The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Legislative intent. With the enactment of chapter 988 of 2 the laws of 1974, the legislature began to extend to people with disa- 3 bilities guarantees that such individuals would not be discriminated 4 against on the basis of their disability in employment, use of public 5 accommodations and in a broad range of other areas and activities 6 subject to the requirements of the human rights provisions of the execu- 7 tive law. The federal Americans with Disabilities Act, enacted in 1990, 8 has extended similar protections throughout the nation. While current 9 state requirements are consistent with those adopted by the Congress in 10 the Americans with Disabilities Act, the federal statute explicitly 11 includes a number of requirements which are implicit in state law. The 12 legislature adopts this measure to reiterate this state's commitment to 13 assuring people with disabilities full access under state law to all of 14 the rights and remedies to which they are entitled under the Americans 15 with Disabilities Act, consistent with current policies and practices of 16 the state division of human rights, and to continue New York's preemi- 17 nent role as a leader in guaranteeing equal rights and opportunities to 18 all of its citizens. 19 § 2. Section 292 of the executive law is amended by adding a new 20 subdivision 35 to read as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01627-01-7

A. 121 2 1 35. The term "public entity" means the state or any political subdivi- 2 sion thereof and any department, agency, special purpose district or 3 other instrumentality of the state or local government. 4 § 3. Section 296 of the executive law is amended by adding two new 5 subdivisions 3-c and 3-d to read as follows: 6 3-c. It shall be an unlawful discriminatory practice for any public 7 entity to exclude a person with a disability who meets the essential 8 eligibility requirements from participation in or deny such person the 9 benefits of services, programs, or activities of a public entity solely 10 by reason of such disability or to subject such person with a disability 11 to discrimination by any such entity. 12 3-d. It shall be an unlawful discriminatory practice for a public 13 entity to refuse to make reasonable modifications to rules, policies, or 14 practices, to refuse to remove architectural, communication, or trans- 15 portation barriers, or to refuse to provide auxiliary aids and services, 16 including but not limited to support services for people with impaired 17 hearing or vision and acquisition or modification of equipment or 18 devices, to a person with a disability who meets the essential eligibil- 19 ity requirements which will allow such an individual to receive services 20 or participate in programs or activities provided by a public entity in 21 the most integrated manner possible. 22 § 4. This act shall take effect on the first of January next succeed- 23 ing the date on which it shall have become a law.