N.Y. Comp. Codes R. & Regs. tit. 9 § 4.140

Current through Register Vol. 46, No. 43, October 23, 2024

Section 4.140 - Executive order no. 140: establishing the new york state task force on implementation of the americans with disabilities act of 1990

WHEREAS, on July 26, 1990, President George Bush signed into law the Americans with Disabilities Act of 1990 ( P.L. 101-336 ); and

WHEREAS, the Americans with Disabilities Act is a comprehensive civil rights statute which guarantees people with disabilities equal access to public and private sector employment opportunities, public services and accommodations, including transportation, and telecommunications; and

WHEREAS, New York State has been a national leader in assuring its citizens with disabilities equal opportunities under New York State statutes which already guarantee New Yorkers protections similar to those afforded by the Americans with Disabilities Act; and

WHEREAS, effective implementation of the Americans with Disabilities Act of 1990 will require a concerted State effort to educate the general public, empower people with disabilities, promote the availability of advocacy services, and better coordinate current and anticipated State and Federal monitoring and enforcement of nondiscrimination mandates; and

WHEREAS, the significant benefits of effective implementation of the Americans with Disabilities Act will accrue not only to New Yorkers with disabilities who will receive the improved access to employment, programs and services which they deserve, but also to all New Yorkers who will benefit from the contributions which people with disabilities can make to the economy and the community;

NOW, THEREFORE, I, Mario M. Cuomo, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby establish the New York State Task Force on Implementation of the Americans with Disabilities Act of 1990.

I. Membership

The task force shall consist of a member of the Governor' s staff selected by the Governor, who shall serve as chairperson, the State Advocate for the Disabled and the Commissioner of the Division of Human Rights, who shall serve as vice-chairpersons, the Attorney General, the President of the Civil Service Commission, the Commissioner of Education, the Commissioner of Health, the Commissioner of Labor, the Commissioner Mental Health, the Commissioner of Mental Retardation and Developmental Disabilities, the Commissioner of Social Services, the Commissioner of Transportation, the Director of the Division of Alcoholism and Alcohol Abuse, the Director of the Division of Substance Abuse Services, the chairperson of the Public Service Commission, the chairperson of the Commission on Quality of Care for the Mentally Disabled, one individual appointed by the Governor upon the recommendation of the President Pro Tem of the Senate, one individual appointed by the Governor upon the recommendation of the Speaker of the Assembly, and at least four individuals appointed by the Governor to represent the interests of persons with disabilities, providers of services to persons with disabilities, business and industry and organized labor. The members of the task force shall receive no compensation, but shall be entitled to reimbursement for any necessary expenses incurred in connection with the performance of their duties.

II. Powers and Responsibilities of the Task Force

The task force shall be responsible for initiating and coordinating a range of activities by State agencies to promote the effective implementation of the Americans with Disabilities Act of 1990 in New York. Responsibilities shall include, but not be limited to:

A. Development and dissemination of public awareness and media promotions to inform people with disabilities, employers, providers of public and private sector services, and the general public about their respective rights and responsibilities under the Act and other comparable Federal and State mandates;

B. Development and dissemination of training curricula and technical resource materials to assist State agencies and public and private entities subject to the provisions of the Act in meeting applicable requirements;

C. Coordination of enforcement efforts to provide increased access to enforcement resources for people with disabilities, minimize the burdens placed on people with disabilities to initiate enforcement activities and avoid duplication of enforcement efforts among agencies charged with the enforcement of State and Federal nondiscrimination requirements; and

D. Monitoring and periodic reporting to the Governor concerning implementation of the Americans with Disabilities Act.

III. Task Force Reporting

A. The task force shall submit an initial report to the Governor by May 1, 1991, describing public awareness, media promotion, training and other initiatives mounted by task force agencies to raise the level of public awareness concerning the Americans with Disabilities Act.

B. The task force shall submit a report to the Governor by September 30, 1991, describing:

i. the training curricula and technical resource materials which have been prepared and utilized by task force agencies to assist the public and private sector in complying with the mandates of the Americans with Disabilities Act;

ii. changes in State statutes and State agency regulations, policies and decision-making processes necessary to achieve compliance with the Act and promote opportunities for self- determination and empowerment of people with disabilities; and iii. strategies to promote more effective enforcement of the Act in New York State.

IV. Assistance and Cooperation

The Office of Advocate for the Disabled and the Division of Human Rights shall provide technical staff and support to the task force.

All other departments, divisions, and units of State government, including public corporations, are directed to cooperate with the task force and to provide such assistance as it may require to fulfill its purposes. Such assistance may include, but not be limited to assignment of agency staff and the provision of such statistical and program data as the task force may require.

Signed: Mario M. CuomoDated: December 7, 1990

[FN[DAGGER]] [Revoked by Executive Order 31 (George E. Pataki), infra.]

N.Y. Comp. Codes R. & Regs. Tit. 9 § 4.140