On 32nd Anniversary of the Americans with Disabilities Act, Governor Hochul Signs Legislative Package to Uphold and Strengthen Rights of People with Disabilities

 

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."

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.

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.