N.Y. Comp. Codes R. & Regs. tit. 9 § 4.12

Current through Register Vol. 46, No. 36, September 4, 2024

Section 4.12 - Executive order no. 12: directing the state office for the aging to review and comment upon policies affecting the elderly

WHEREAS, it is the policy of the State of New York that the Office for the Aging advise and assist the Governor in developing policies designed to help meet the needs of the elderly and to encourage the full participation of the elderly in society; and

WHEREAS, the elderly compose a major segment of New York State's population whose particular needs and concerns must be considered as an integral part of the planning and implementation of all State programs and services affecting their lives and well-being; and

WHEREAS, the Office for the Aging is responsible for coordinating State programs and activities to the elderly; and

WHEREAS, the Federal Older Americans Act has incorporated New York State's policy of requiring State Offices for the Aging to have the authority and responsibility to review and comment on all State policies affecting the elderly;

NOW, THEREFORE, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, I, Mario M. Cuomo, Governor of the State of New York, do hereby order as follows:

I. Submission, Reviews and Recommendations

A. Each Division within the Executive Department and all other departments of the State shall submit to the Office for the Aging for review proposed legislation, regulations, orders and plans which may significantly affect the lives or well-being of the elderly of the State. Such matters shall, in the case of proposed legislation, be submitted at least 30 days prior to submission to the Legislature and, in the case of regulations, orders and plans, at least 30 days prior to the effective date.

B. The Office for the Aging shall review and report upon all matters of significance submitted to it. The office shall submit reports or other comments where appropriate to the division or department which referred such matter to the Office for the Aging, to the Office of the Secretary to the Governor, and, in the case of proposed legislation or regulations, to the Office of the Counsel to the Governor. Such reports or other comments shall, to the extent practical, address:

--the impact of the proposed legislation, regulation, order or plan upon the elderly;

--the relationship and impact of such proposals on existing programs affecting the elderly;

--recommendations upon (i) the desirability of such proposals, and (ii) modifications that would enhance the impact of the proposal upon the elderly or aid in the implementation of the proposal.

C. Each division and department shall notify the Office for the Aging, the Office of the Secretary to the Governor, and, in the case of proposed legislation or regulations, the Office of the Counsel to the Governor of any action taken by it as a result of the recommendations made by the Office for the Aging.

II. Cooperation

All State agencies contemplating actions that would be subject to review under this Order shall inform the Office for the Aging as early as possible in the process of developing such proposals and shall cooperate with the Office for the Aging in carrying out these responsibilities to assure that appropriate consideration is given the needs and concerns of the elderly.

III. Revocation of Previous Executive Order and Effective Date

Executive Order No. 34, dated May 4, 1976, is revoked and superseded by this Executive Order.

Signed: Mario M. CuomoDated: May 3, 1983

[FN*] [Revokes and supersedes Executive Order No. 34 (Hugh L. Carey), § 3.34, supra.]

N.Y. Comp. Codes R. & Regs. Tit. 9 § 4.12