504 Democratic Club: Questionnaires (Candidate for State Senate Thomas K. Duane's 2010 response)

Candidate Name: Thomas K. Duane

Candidate for Senate District: 29 (Manhattan)

Contact Person: Ms. Bobby Berlin

Campaign Address: 80 Eighth Avenue, Suite 1802, New York, NY 10011

Phone: 212-362-8731

Fax: 212-206-0535

Email: bobby@tomduane.com

Website: www.tomduane.com

Endorsements:

Chelsea Reform Democratic Club
Village Independent Democrats
Eleanor Roosevelt Democratic Club
Lower Manhattan Democratic Club
Community Free Democrats

If there is a Campaign office(s), is it wheelchair accessible?

Yes.
How have you incorporated people with disabilities into your campaign?

To the same extent as all other constituencies.
If you are an incumbent,
1. Is your office accessible to persons with disabilities?
  
  Yes.
What personal and professional experience have you had with people with disabilities in your personal life and in the workplace?

I am HIV positive and my late brother Billy was disabled. I worked with developmentally disabled and emotionally disturbed children and adults in high school and college.
What type of jobs would you be willing to hire and to provide reasonable accommodation (e.g. flex or part time) for staff members with disabilities?

Any job for which the individual in question is found to be most qualified. Indeed, I have had staff members with disabilities in the past.
While in public office and/or prior to this campaign, what have you accomplished in regard to advancing disability rights? This can include work towards accessible housing, transportation, employment, health care, education, and including people with disabilities in the political process?

My record of fighting for disability access goes back many years, to even before I first held public office, when I helped successfully fight to ensure that New York City Transit bus drivers carry and use the keys necessary to operate the wheelchair lifts. Over the course of my career, I have promoted legislation and policies that advance rights of the disabled in all the areas mentioned. I am particularly proud of my role in spearheading the State Senate's passage of Timothy's Law, which eliminates mental-health treatment discrimination by insurance companies in New York State, and I continue to fight to extend that coverage to people with chemical dependence and post-traumatic stress disorder. I am also proud that on June 3 of this year, the New York State Senate passed my legislation that would prohibit commercial health insurers in New York from implementing "specialty tiers," a prescription drug pricing system that dramatically increases the share that consumers with serious and chronic conditions pay for high-priced medications. And I especially pleased that on June 10, 2010, the State Senate passed my legislation that mandates paratransit fares be no higher than fares for transportation of non-disabled adults. The latter two bills are sponsored in the Assembly by Assembly Member Micah Kellner, with whom I have sponsored a number of other bills related to improving access to transportation for people with disabilities. Those bills include 3954-B/S1386-B, which creates the MTA Riders Council for People with Disabilities; A3952/S1387, which requires daily inspections of elevators, escalators, bus lifts, and other accessibility features in MTA facilities and establishes documentation requirements and oversight for their repair; and A7842-A/S4861-A, which provides improved access to taxicabs for persons with disabilities. I continue to work to move these bills in the current Session.
Will you commit to only attend and/or sponsor events that are accessible to people with disabilities including providing written materials in alternate formats, providing assistive listening systems, and sign language interpreters, as well as ensuring that locations are accessible to people who use mobility aids, like wheelchairs and walkers?

I only host and co-sponsor events that are at locations that are physically accessible, however, I regret that I have not had the funds to provide written materials in alternate formats, assistive listening systems, and sign language interpreters. Unless New York State's fiscal condition improves and Democrats retain the Senate Majority, I cannot commit to do so.
Do you pledge to use your office to affirm or strengthen, rather than weaken, civil rights protections to persons with disabilities?

Yes.
How do you propose your active involvement/availability to the disability community?
1. Will there be a specific person in your office responsible to this community?
  
  Yes.
2. Will have regular office agenda meetings on these issues?
  
  Yes.
3. What would you do to have direct contact with our community?
  
  I would continue to share information with, and seek information from, New York City's disabilities rights organizations and individuals with disabilities.
How will you work closely with the disability community to assure passage of vitally needed legislation? What will be your strategy?

As I have in the past, I will consult and strategize with advocates in the disabilities community to help set our legislative agenda and mobilize our community and its allies to ensure our legislative agenda's passage.
How would you change the laws of New York State to protect the rights of its citizens with disabilities?

I would ensure that New York, including governmental entities, is in full compliance with the ADA. I am the prime sponsor of S1518, which would waive the state's sovereign immunity to liability for violations of the ADA. It also waives the immunity of all instrumentalities and political subdivisions of the state. As noted above, I am also sponsoring legislation, with NYS Assemblymember Micah Kellner, to reform the way that the MTA responds to the needs of transit riders with disabilities and ensure that all New York City's taxicabs are accessible.
While the State is focused on reducing the costs of Medicaid and other programs, persons with disabilities need to continue to have access to the services and supports they need and choose.
1. Would you oppose proposals which would negatively affect eligibility, benefits, coverage, and/or access to services for Medicaid beneficiaries and eliminate the systemic bias that leads to unwanted placement in nursing homes and other institutions?
  
  Yes.
2. Would you seek to promote comprehensive long term care reform that will not reduce coverage or access to services?
  
  Yes.
3. Would you increase rental/housing subsidies to participants in the new Nursing Facility Transition and Diversion Medicaid waiver program?
  
  Unfortunately, in the current fiscal crisis, I can make no guarantees, but I would fight for such an increase.
Would you expand Elderly Pharmaceutical Insurance Coverage program (EPIC) to provide the same level of eligibility and coverage to persons with disabilities under age 65?

Yes.
Will you support moving funds from nursing homes to moving patients out of nursing homes and back into the community?

Yes.
We are in the midst of a housing crisis. Accessible, affordable housing is in short supply. People with disabilities are being priced out of the market. Do you support the creation of a housing trust fund for persons with disabilities?

Yes.
Section 504 of the Rehabilitation Act of 1973 requires housing developers to set aside a certain percentage of accessible units for persons with disabilities when federal funds are used for construction. Do you favor incorporating these provisions into State law so that the Department of Housing and Community Renewal can be empowered to enforce these provisions?

Yes.
Visitability sets guidelines to ensure newly constructed multi-family dwellings have basic accessible/adaptable features to permit people with disabilities can visit, and for residents to "age in place," without having to move out when age and/or disability set in. Do you support incorporating the concept of "visitability" in the New York State Building Code?

Yes.
At present: SCRIE (Senior Citizen Rent Increase Exemption) Household income cap is $29,000. DRIE (Disabled Rent Increase Exemption) is $19,284/single and $27,780/2 or more. What is your position on increasing DRIE income eligibility to match SCRIE?

It should absolutely be increased.
While localities have acquired voting machines that attempt to meet the accessibility standards of the Help America Vote Act (HAVA), many poling places in New York State remain inaccessible to persons with disabilities. Do you favor the elimination of provisions in Section 4-104 (1-a) of the New York State Election Law allowing waiver of polling place accessibility standards?

I support the amendment to Section 4-104 (1-a) of the New York State Election Law contained in S7860, which requires each polling place to be accessible to physically disabled voters and provides guidelines which shall be in accordance with the accessibility requirements mandated pursuant to the federal Americans with Disabilities Act of 1990, as amended.
Despite Section 504 and the Americans with Disabilities Act, students with disabilities face problems when pursuing higher education. These statutes do not specify how students should request accommodations or assistance in asserting their rights under the law. Will you support a fully funded office of disability services on each SUNY and CUNY campus to assist students with disabilities in securing accommodations?

Yes.
How do you propose dealing with school districts that deny civil rights to disabled students even after the Sate Division of Civil Rights affirms the student's rights such as to use a service animal?

I will use the full force of State law to compel compliance and introduce and pass legislation containing strong sanctions if this fails.
Do you support legislation requiring car services, and shuttle services to purchase wheelchair accessible vehicles or otherwise ensure that they have the capacity to serve persons with disabilities?

Yes.
Will you or do you support Assembly Member Kellner's proposed bill requiring New York City to transition to a 100% accessible taxi fleet?

Yes, and I am the Senate sponsor.
Persons with disabilities have historically been under-represented within the Democratic Party leadership. According to the 2000 census, persons with disabilities comprised 20.6% of New York State residents and 23.1% of those 18 years and older. Previously, we were told that only those groups included in the Voting Rights Act were included in the goals and timetables for delegate selection. Yet the lesbian and gay communities were included for the first time at the 2000 convention and again at the 2004 and 2010 conventions. Would you support a campaign to set a goal that 10% of the total New York State Delegation to the 2012 Democratic National Convention be comprised of persons with disabilities.

Yes.

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