|
NYS Legislature 2004 Election Candidates Survey In an effort to better educate Monroe County's disability community about the candidates for office, this survey has been distributed to all candidates running for the NYS Legislature representing portions of Monroe County. Please review the issues and respond to the following questions. Space has been provided for your answer and a short explanation. Please use additional space as needed. Thank you. Please submit responses by October 15, 2004. Responses can be faxed to (585) 546-5643 or mailed to: Chris Hilderbrant Center for Disability Rights 412 State Street Rochester, NY 14608 |
|
NOTE: This survey was sent to Mike Nozzolio (State Senate 54th District), James Alesi and Eugene Saltzberg (State Senate 55th District), Joseph E. Robach and Bob Ertischek (State Senate 56th District), George Maziarz (State Senate 61st District), Joe Errigo and Christine Saltzberg (State Assembly 130th District), Susan John and Michael Slattery (State Assembly 131st District), Joseph D. Morelle (State Assembly 132nd District), David Gantt (State Assembly 133rd District), Bill Reilich and Laurie Shea (State Assembly 134th District), David Koon and Mark C. Johns (State Assembly 135th District), and Charles Nesbitt (State Assembly 139th District). However, only seven out of seventeen responded. |
|
1. There is a severe shortage of affordable, accessible housing for people with disabilities. This barrier is compounded by the lack of funding for environmental modifications. An Affordable and Accessible Housing Trust Fund for people with disabilities who have extremely low to moderate incomes is needed. Such a Housing Trust Fund could provide monies for home modifications or rental subsidies. These funds would allow people with disabilities to remain in their own homes instead of being forced into costly institutional placement. Would you support statewide legislation to develop an Affordable and Accessible Housing Trust Fund for people with disabilities? [ ] Yes [ ] No Joseph E. Robach: The NYS Division of Housing provides incentives for special needs housing under their unified funding structure (i.e. unified application for various tax incentives and housing programs). While there is no specific statutorily dedicated budget line for people with disabilities, the office of Mental retardation and Developmental Disabilities has a specific environmental modification program. The Federal Housing Construction Act furthermore requires specifications to be met (e.g. wider doorways) for construction of three (3) units or more. These existing programs and services should be maximized and improved when possible before the creation of an additional entity. Bob Ertischek: [X] Yes Joe Errigo: Yes. Promoting accessible Housing Trust Funds at both the state and federal level is also a priority of the United Spinal Association (formerly Eastern paralyzed Veterans). At this time there is no legislation introduced. Susan John: Yes. I support funding for accessible, affordable and integrated housing for persons with disabilities. There is a critical shortage of such homes in New York State. In fact, there is a critical shortage of housing for low and moderate-income families, seniors and persons with mental illness or developmental disabilities too. I, therefore, support dedicating funds to housing for persons with special needs within a comprehensive, community-based or neighborhood program to construct, rehabilitate and maintain affordable housing. It is important, however, to identify revenue to support dedicated appropriation or trust fund because state revenues are limited and now subject to almost overwhelming demand. I would also support legislation and budget language to assure that affordable housing for disabled persons is included in existing funding and programs for affordable housing. Joseph D. Morelle [X] Yes Laurie Shea: Yes. As a long term care nurse, I strongly believe in keeping a person in their home as long as possible. David Koon: Yes. Allowing disabled individuals to remain in their own homes is extremely important to me as it allows them to live with dignity in their home vs. being forced into institutional care. 2. Given the scarcity of affordable, accessible housing, it is extremely important that individuals with disabilities who are in need of housing know where and when such housing is available. A mandatory statewide accessible housing registry, modeled after the successful MASS Access program in Massachusetts, would allow individuals with disabilities to easily locate affordable, accessible housing. Under this mandatory program, all owners/managers of accessible apartments would have to report vacancies to a central registry. Would you support legislation that creates a mandatory accessible housing registry? [ ] Yes [ ] No Joseph E. Robach: The NYS Division of Housing currently has a website that includes all state supported housing. The same company that was employed in the Massachusetts program, New England Index, is being used in New York State to compile data which will be incorporated into this division of Housing website. Bob Ertischek: [X] Yes Joe Errigo: Yes, Massachusetts, New Hampshire, Maryland, Rhode Island, and Connecticut all currently maintain such registries. Promoting Accessible Housing Registries is also a priority of the United Spinal Associations. I would be in support if such legislation is introduced. Susan John: [X] Yes Joseph D. Morelle [X] Yes Laurie Shea: [X] Yes David Koon: Yes. This registry would provide necessary information to disabled individuals and offer them greater options when seeking a home. 3. Single family homes are currently not covered by any accessibility regulations. As more and more people become disabled either through illness, age or injury, the need for accessible single family homes will become extremely important so that individuals can remain in their own homes. Many cities and states have adopted Visitability as a means of assuring basic access to homes (at least one no-step entrance, 32 inch clearance for all main floor internal doorways and a first floor bathroom). Vistability allows seniors and people with disabilities of all ages to remain in their own homes instead of being forced into costly institutional placement. Would you support statewide Visitability legislation that would require all publicly funded, newly constructed single family homes to have at least one no-step entrance, a first floor bathroom and 32 inch clearance passage for all main floor internal doorways? [ ] Yes [ ] No Joseph E. Robach: The visibility legislation outlined above would mandate an additional cost on all newly constructed single-family homes. A more practical approach to this issue is the funding of home modifications as needed and the registry of accessible housing (see #2 above). Bob Ertischek: [X] Yes Joe Errigo: Yes. Vermont now mandates full visitability for all new residential construction and various localities throughout the nation have enacted local ordinances to this effect as well. The Center for Disability Rights is advocating here at less burdensome approach than that taken in Vermont by only mandating visibility standards for publicly funded housing rather than for all new construction. I would support legislation if introduced. Susan John: I support visitability. It gives disabled persons more living options, facilitates visits to and by disabled family members and strengthens opportunities for disabled persons to participate in their neighborhoods and communities. Some experts think that visitability may be implemented under the international building code that New York State recently adopted. I think so, implementation can start immediately. Joseph D. Morelle [X] Yes Laurie Shea: Yes. I believe all should include visitability. David Koon: Yes. Publicly funded homes should be as accessible as possible. 4. Voters with disabilities should be able to vote independently and privately. The Assembly and Senate have both passed legislation related to access at polling sites and accessible voting machines. However, when the Joint Conference Committee on the Help America Vote Act met, accessibility issues were excluded from the discussions. In order to ensure that voters with disabilities can cast their vote independently and privately, New York State must mandate that there is at least one fully accessible voting machine per district and that all polling places are accessible. Do you support the right of voters with disabilities to cast their vote independently and privately? Will you support legislation that requires a fully accessible voting machine in every voting district? [ ] Yes [ ] No Joseph E. Robach: The Senate has passed S.6207, which compiles and implements the Help America Vote Act (HAVA). This bill requires fully accessible voting machines in every election district. Bob Ertischek: [X] Yes Joe Errigo: Yes. The Help America Vote Act of 2002(HAVA) (Public Law 107-252) is the result of the State of Florida's poor ballot tracking system during the presidential election of 2000. HAVA mandates that all states upgrade their current voting systems by ensuring that voting machines are accessible to the physically disabled and handicapped so they can vote in an independent and private manner without the assistance of a poll worker. Susan John: Yes. I co-sponsor A.5473-A which would require poling places to be accessible to physically disabled voters pursuant to ADA guidelines. Joseph D. Morelle [X] Yes Laurie Shea: [X] Yes David Koon: Yes. I am the author of legislation to allow Braille or large-print ballots for visually impaired voters so they can cast their vote independently and privately. Will you support legislation to end New York's ability to grant waivers to inaccessible polling sites? [ ] Yes [ ] No Joseph E. Robach: Presently, the state advocate for the disabled has received a grant to study the feasibility and cost of the issue. Bob Ertischek: [X] Yes Joe Errigo: Ideals have circulated over implementing a touch screen voting booth that would assist in this need. Both the Senate and Assembly have passed individual forms of legislation to address this HAVA standardization and modernization requirement. Assembly bill A.8847-A(Wright/NO Senate Companion) would ban the use of punch card ballots after July 1, 2005 and ensure privacy while voting. I support using available federal funds to help modernize New York/s voting system. Susan John: Yes. I co-sponsor A.5473-A, which repeals the language in the election law that now allows waivers. Joseph D. Morelle [X] Yes Laurie Shea: [X] Yes David Koon: Yes. Polling sites should be accessible for all voters and only by ending the waiver process will that happen. 5. Married persons in nursing homes who rely on Medicaid have protections against impoverishment, but married persons in need of community-based services do not have these same protections. Current eligibility criteria for Medicaid allow married persons with disabilities to access cost-effective community-based services. Would you support the preservation of current eligibility criteria for Medicaid funded community-based services and oppose any changes that restrict or limit eligibility? [ ] Yes [ ] No Joseph E. Robach: The Senate Task Force on Medicaid Reform recommended the elimination of "spousal refusal" in limited circumstances. Public policy should avoid impoverishing the spouse living in the community while incorporating financial responsibility at an appropriate level. Bob Ertischek: [X] Yes Joe Errigo: Yes. The governor's 2004-2005 Executive Budget proposal sought to modify Medicaid eligibility requirements for long-term care by closing various loopholes. Specific changes included: eliminating "spousal refusal", extending" look back" period from 36-60 months for assets transfer: and strengthening the penalties from individuals who transfer assets to qualify for Medicaid in nursing homes. However, these proposals were not included in the final agreed upon 2004-2005 budgets. Susan John: [X] Yes Joseph D. Morelle [X] Yes Laurie Shea: [X] Yes David Koon: Yes. I think that provisions are necessary to ensure home care is accessible to those who need it without overburdening spouses. 6. New York State is in tough fiscal times. Budget and programmatic cuts are a reality, but are frequently targeted disproportionately against community-based services. One such important community-based service is the Personal Care Assistance Program which allows individuals in need of personal care assistance to remain in the community. This program is essential in order for individuals of all ages with disabilities to avoid costly institutional placement. Cutting programs such as the Personal Care Assistance program is an attack on the civil rights of people with disabilities and leads to an increase in the financial burden of local property taxpayers. Would you support preserving essential, cost-effective community-based services, such as the Personal Care Assistance Program? [ ] Yes [ ] No Joseph E. Robach: Yes. I support institutional alternatives in the community and the continued innovation in cost effectiveness in their implementation. Bob Ertischek: [X] Yes Joe Errigo: Yes. Community-based services offer persons with disabilities an alternative to institutional placement and allow them to remain in the community. New York's fiscal problems have placed a huge strain on an already limited pool of monetary resources for all programs that depend on a budgetary line- item to subsist. It is difficult to project future State revenue especially since current economic conditions may not reflect the conditions in fiscal year 2005-2006. Future budget allocations for community-based services would have to be determined based on the economic needs and conditions of the respective fiscal year. Susan John: [X] Yes Joseph D. Morelle [X] Yes Laurie Shea: Yes. This is one of my #1 priority to keep individuals at home for as long as possible. I want to give back the hours of care that have been reduced. David Koon: Yes. I have also supported cost-effective community based services. 7. The Americans with Disabilities Act of 1990 (ADA) provides comprehensive protections for the civil rights of individuals with disabilities. The New York State Human Rights Law includes some, but not all, of the ADA's protections for people with disabilities. This causes needless confusion for government officials in attempting to comply with both statutes. Conforming the state statute to the ADA will both strengthen the ADA and clarify the obligations of government officials to take reasonable steps to ensure that their services, programs and activities are available to constituents with disabilities. Incorporating Title II of the ADA into the New York State Human Rights Law will assure people with disabilities full access under state law to all government programs. Would you support incorporating Title II of the ADA into the New York State Human Rights Law? [ ] Yes [ ] No Joseph E. Robach: There is support in combining the ADA and the New York State Human Rights law. While confusion may occur because of the differences in terminology and provisions, both laws protect the individual. Each provision would have to be examined individually. In some instances, the NYS Human Rights law, which pre-dates the ADA, affords greater protection the individuals. Bob Ertischek: [X] Yes Joe Errigo: The Assembly passed two bills in 2004 that taken together would bring New York State law into conformity with the Federal ADA. A.5469- This brings the New York State Human Rights Law into conformity with the federal Americans with Disabilities (ADA) regarding public accommodations. Makes it an unlawful discriminatory practice for the owners or operators of public accommodations to refuse to take steps ensuring that persons with disabilities are not excluded, denied service, or otherwise treated differently than persons without disabilities, unless they can demonstrate that doing so would fundamentally alter the nature of the goods or services being offered. Directs the removal of all architectural structural barriers to mobility or communications when this is readily achievable. I voted in favor of this legislation. A.5468-A-This brings the New York State Human Rights Law into conformity with the federal Americans with Disabilities Act (ADA) regarding public entities. Makes it an unlawful discriminatory practice for any state or local government entity to refuse to make reasonable modifications that would allow full access by disabled persons to the services, programs, and activities offered by that public entity. Directs the removal of all architectural, transportation, or communication barriers to the disabled when this is readily achievable. I voted in favor of this legislation. Susan John: Yes. I am multi-sponsor of A.5468. Joseph D. Morelle [X] Yes Laurie Shea: [X] Yes David Koon: Yes. Compatibility and the elimination of confusion is important for all parties. 8. For many low-income people with disabilities, gaining access to needed pharmaceutical medications presents a significant barrier. Often, this barrier is financial due to the high costs of pharmaceuticals and the limited insurance coverage people are able to access. For New York's seniors, the Elderly Pharmaceutical Insurance Coverage (EPIC) program was implemented. Legislation has been introduced that would extend the benefits of EPIC to people with disabilities under the age of 65 who meet the income eligibility requirements. Would you cosponsor and advocate for passage of legislation to extend EPIC to low-income people with disabilities? [ ] Yes [ ] No Joseph E. Robach: The New York State EPIC program is the most generous in the nation. The impact of the Medicare Drug program passed last year in Congress must be assessed before eligibility thresholds are changed. The 55 to 65 group and individuals with disabilities have been identified for potential inclusion in EPIC if there is a state cost reduction generated by the Medicare drug Changes. Bob Ertischek: [X] Yes Joe Errigo: Yes. I am a co-sponsor of a bill A.2525 that would not only extend the EPIC program to persons with disabilities but extend the enhanced STAR program to them as well. Both the enhanced STAR and EPIC programs have proven their critical value to the well being of New York's senior citizens. Both programs are predicated on the idea that income eligible seniors represent a vulnerable segment of the population deserving of special protections and assistance. The identical case should be made for disabled persons. Persons with significant disability face many of the same financial dilemmas and crises with which seniors cope. New York must offer comparable protections to these individuals so that they too can maintain their dignity. Susan John: Yes. I co-sponsor A.3914. Joseph D. Morelle [X] Yes Laurie Shea: [X] Yes David Koon: Yes. I am the authoring sponsor of this legislation. |