Legislation (S.7107-B/A.8586-B) Relates to Supported Decision-Making by People with Intellectual, Developmental, Cognitive and Psychosocial Disabilities
Legislation (S.6300-C/A.7356-C) Establishes a Public Awareness Campaign to Combat the Stigma and Stereotyping of Individuals with Developmental Disabilities
Legislation (S.6789-A/A.7882-A) Replaces Certain Instances of Term “Mentally Retarded” or Variations of Such Term with Term “Developmentally Disabled” or Variations of Such Term
Legislation (S.6195-B/A.7443-C) Replaces Certain References to “Mentally Retarded” or “Mentally Ill” Persons with Term “Individuals with a Developmental Disability”
Legislation (A.7652/S.9335) Eliminates State Residency Requirement for Designated Beneficiaries in the New York ABLE Program
Read Governor’s Proclamation Commemorating 32nd Anniversary of Americans With Disabilities Act Here
Governor Kathy Hochul today signed a legislative package that further upholds and strengthens the rights of New Yorkers with disabilities. This legislative package encourages autonomy in decision making through a Supported Decision-Making Agreement and seeks to educate the public about the myriad ways people with intellectual and developmental disabilities contribute meaningfully to their communities and reduce harmful stigma and stereotyping. Governor Hochul also issued a proclamation today commemorating the 32nd Anniversary of the Americans With Disabilities Act.
“The Americans With Disabilities Act established a comprehensive national mandate prohibiting discrimination against people with disabilities in all its forms,” Governor Hochul said. “With the bills I am signing today, New York State honors the ADA’s legacy by expanding the rights of people with disabilities and combatting stigma so that people with disabilities can live rich and full lives. To make the New York dream a reality, we will continue to make New York inclusive, integrated and accessible for all.”
“People with disabilities have the same rights as everyone else and thirty-two years ago, the Americans with Disabilities Act was a critical step to ensuring that people with disabilities could exercise those rights,” said Lieutenant Governor Antonio Delgado. “Today, New York is taking a step further by enabling supported decision-making for people with disabilities to ensure people can and are making their own decisions and are appropriately supported to do so.”
Office for People With Developmental Disabilities Commissioner Kerri E. Neifeld said, “I commend Governor Hochul for signing this package of legislation and for honoring the ADA’s legacy by expanding the rights of New Yorkers with developmental disabilities to make their own decisions. OPWDD is committed to protecting and advancing the rights of people with developmental disabilities to live and work in communities of their choosing and to be free from discrimination.”
Chief Disability Officer Kim Hill said, “I am thrilled that not only is Governor Hochul signing a legislative package aimed at protecting and supporting the rights of people with disabilities, but also holding today’s event to acknowledge the importance of the 32nd anniversary of the Americans with Disabilities Act. Actions such as these are what it takes to make New York the most inclusive, integrated and accessible state to live in.”
Legislation (S.7107b/A.8586b) recognizes Supported Decision-Making as a less restrictive alternative to guardianship that promotes autonomy for people with intellectual and developmental disabilities and empowers them to take an active role in making choices about their own lives. Historically, when individuals with disabilities have reached adulthood, guardianship has been the primary avenue for decision-making. Supported Decision-Making changes the landscape in empowering individuals to make their own decisions with the support of a trusted person in their lives, while ensuring person-centered care and maximizing individual civil rights. The new law will formalize the legal process by which an individual with intellectual and developmental disabilities and trusted persons in their lives can reach a written agreement (a “Supported Decision-Making Agreement”) that describes the settings in which the individual desires support, the kinds of support they want from each trusted person, and how they want to receive that support. It will also create obligations and corresponding immunity from liability for third parties to honor and effectuate supported decisions made using a Supported Decision-Making Agreement.
Legislation (S.6300c/A.7356c) requires OPWDD to develop and implement a public awareness campaign that combats discrimination stigma and stereotyping of people with developmental disabilities. The program will utilize public forums, social and mass media, the Internet, radio, and print advertising to educate the public about developmental disabilities and highlight positive contributions people with developmental disabilities make to the state and their communities.
State Senator John W. Mannion said, “As Chair of the Disabilities Committee, I have vigorously pursued an agenda of equality and fairness for every New Yorker with a disability and their families and Governor Kathy Hochul has been a true partner in these efforts. These new laws will make our state more inclusive by combatting stigma and ensuring those who need services have a voice in their care and life decisions.”
Legislation (A.7882a/S.6789a) replaces references to “mentally retarded” in numerous sections of New York State law to more accurate terms such as with “people with intellectual or developmental disabilities.”
Legislation (S.6195-B A.7443-C) replaces certain references to “mentally retarded” or “mentally ill” persons with the term “individuals with a developmental disability.”
New York demonstrates respect for a marginalized population by replacing archaic and offensive terms with modern and acceptable terms that are representative of the respect and dignity that people with intellectual and developmental disabilities deserve.
Legislation (A.7652/S.9335) eliminates the state residency requirement for designated beneficiaries in the New York Achieving a Better Life Experience (ABLE) program, which is designed to help pay for qualified disability expenses. Conforming state law with the federal ABLE Act will increase participation in New York’s ABLE program, lower administrative costs, and benefit program account owners.
In addition to the bills signed today, Governor Hochul highlighted legislation that was signed earlier this month that increases enforcement of rules related to disabled access parking spaces (A9805 /S882) and increases fines for dumping or plowing snow onto accessible parking places (A9702B /S 1271-B). These bills demonstrate the state’s commitment to ensuring equal access for people with disabilities.
Assemblymember Bill Magnarelli said, “The 1981 law did not take into consideration the development of large retail or ‘big box’ establishments with less than five stores in a plaza, so there was a loophole that discouraged local law enforcement from enforcing parking violations at these locations. The new law will ensure that those who illegally park at these establishments can get ticketed and towed if needed, ensuring that those in need have access to the spaces that were intended for them.”
