New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 4 - Executive Orders (Mario M. Cuomo) › Section 4.26 - Executive order no. 26: directing the state office of advocate for the disabled to review comment upon policies affecting persons with disabilities

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, it is the policy of the State of New York that the
					 Office of Advocate for the Disabled advise and assist the Governor in
					 developing policies designed to help meet the needs of persons with
					 disabilities and to encourage the full participation of persons with
					 disabilities in society;
WHEREAS, persons with disabilities comprise 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;
WHEREAS, the primary tasks of the Office of Advocate for
					 the Disabled are advocacy on behalf of persons with disabilities and assuring
					 that persons with disabilities are afforded the opportunity to exercise all of
					 the rights and responsibilities accorded to citizens of this State;
WHEREAS, the Office of Advocate for the Disabled is the
					 State's coordinator for implementation of section 504 of the Federal
					 Rehabilitation Act of 1973, as amended, and, as such, is charged with
					 coordinating State activities which insure that federally assisted programs do
					 not discriminate against persons with disabilities; and
WHEREAS, the Office of Advocate for the Disabled has a
					 major responsibility for promoting equal employment opportunity in State
					 government for persons with disabilities, among other protected classes,
					 pursuant to Executive Order No. 6;
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 of
				  Advocate for the Disabled for review proposed legislation, regulations, orders
				  and plans which may significantly affect the lives or well-being of persons
				  with disabilities in 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 of Advocate for the Disabled 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 of Advocate for the Disabled, to the Office of the Secretary of 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 persons with disabilities;
--the relationship and impact of such proposals on existing
					 programs affecting persons with disabilities;
--recommendations upon:
(i) the desirability of such proposals; and
(ii) modifications that would
				  enhance the impact of the proposal upon persons with disabilities or aid in the
				  implementation of the new proposal.
C. Each division and department shall notify
				  the Office of Advocate for the Disabled, 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 of Advocate for the Disabled.
D. For purposes of this Order, the term
				  person with a disability shall mean any person who:
(i) has a physical or mental impairment,
				  including, but not limited to, those of neurological, emotional or sensory
				  origins, which substantially limits one or more of such person's major
				  activities;
(ii) has a record of
				  such an impairment; or
(iii) is
				  regarded as having such an impairment.