504 Democratic Club: Questionnaires (Candidate for State Assembly Jonathan Bing's response)

Candidate Name: Jonathan Bing

Campaign Manager: Barry Klein

Phone: 212-628-2464

Fax: 646-349-4793

Campaign Name: People for Bing

Campaign Address: 132 West 43rd Street (243), New York, N.Y. 10017-4019

Phone: 917-858-2048

Email: Campaign@bing2006.com

Website: www.Bing2006.com

Assembly District: 73

Please describe any experience with disability you have had in your life or career.

In December 1990, I was hospitalized for emergency surgery to repair a detached retina in my left eye. The surgery was ultimately successful, but for a period of a few weeks I did not know whether I would regain sight in that eye. The experience taught me to appreciate the difficulties that people with visual impairments or blindness must face.

As the New York Coordinator for the Federal Emergency Management Agency's Disaster Legal Services Program after September 11th. I supervised attorneys responding to disabled New Yorkers with questions concerning housing, employment, health and environment, and a host of other issues.

In addition, I authored a substantial law journal article on the subject of the mentally retarded and capital punishment. During the two-year process of writing this 91-page article, 1 learned much about the plight of mentally retarded defendants in the criminal justice system.
Is your campaign headquarters accessible to persons with disabilities? If you are an incumbent, is your district office accessible to persons with disabilities? If you are in private practice, is your office accessible to persons with disabilities? If not, what have you done to ensure access?

My district office is fully accessible to persons with disabilities. Fulfilling a promise I made during my 2002 campaign, I am the first representative from my Assembly District to have an office that is fully ADA compliant. Persons in wheelchairs and with mobility disabilities have attended meetings in my district office throughout my four years in the Assembly.

At the present time I do not have a campaign headquarters.
How will you incorporate people with disabilities into your campaign?

I have and will continue to work with disabled persons during my reelection campaigns and within my District Office. My first hire as a candidate for office in 2002 was my Deputy Campaign Manager Micah Kellner, who has had Cerebral Palsy since birth and is a member of the 504 Democrats' Executive Committee. Micah has remained a close confidant throughout my tenure in the Assembly, collaborating with me on a wide range of political and community issues.

As a lawyer specializing in employment law, I have advised corporations and individuals of their tights under anti-discrimination statutes, and have worked to ensure that my clients are satisfying the requirements of the Americans with Disabilities Act and the Rehabilitation Act.

I am also a member of the Assembly Health Committee and member of the 504 Democratic Club.
Are you willing to hire and use flex-time and job-sharing if necessary?

Yes, I am willing to hire and use flex-time and job sharing.
Seventy (70%) percent of people with disabilities of working age are unemployed at any given time, no matter how well or poorly the economy is doing. How will you use your office to advance employment opportunities for people with disabilities?

I am committed to supporting the employment of persons with disabilities through my own hiring, and I will continue to support legislation to encourage employers to hire people with disabilities. This year, I voted for legislation that passed the Assembly, A. 2800, to expand the New York State Workers with Disabilities Employment Tax Credit (WETC) program to cover veterans with disabilities receiving vocational rehabilitation services and to disabled individuals employed part-time. The current exclusion of part-time employees eliminates eligibility for many individuals with the most severe disabilities.
What will you do to reverse the negative impact of recent decisions in Federal Courts which are undercutting the powers of the Americans with Disabilities Act (ADA) of 1990 to protect the civil rights of people with disabilities in New York State? How would you change the laws of New York State to protect the rights of its citizens with disabilities?

I support and have voted in favor of A. 7294 and A. 6328 for four years in a row. Both of these bills have passed the Assembly in 2006, and A. 7294 also passed the Senate. This legislation would strengthen the New York State Human Rights Law and expand protections against discrimination on the basis of disability in employment, public accommodations, and government services to be consistent with the Americans with Disabilities Act. I have also voted in favor of A. 2159, which passed the Assembly and waives sovereign immunity for New York State for ADA violations. This legislation allows New York State to be sued for failure to accommodate state employees with disabilities, or for failure to provide access to government services, programs, and activities.
Currently, over 130,000 people reside in nursing homes and other care facilities in New York State. In 1999, the Supreme Court of the United States (SCOTUS) found in L.C. v Olmstead that individuals with disabilities have a right to live in the most integrated setting. What will you do to encourage Olmstead implementation in New York?

Disabled persons deserve to be integrated as members of the community at large. The segregation of groups of individuals due to circumstances such as physical disability provides no benefit to society. I support legislation which would provide funding and mechanisms for implementation of the Olmstead decision.
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. What would you do to develop a housing policy that would lead to the development and maintenance of accessible, affordable and integrated housing stock?

As the Chair of the Assembly Mitchell-Lama Housing Subcommittee and member of the Assembly Housing Committee, I have authored and sponsored a wide-range of legislation to protect affordable housing in New York.

I am a co-sponsor of legislation that has passed both houses of the Legislature (A. 8697) that phases in an increase to $29,000 in the income eligibility for the real property tax exemption for disabled property owners. I am a sponsor of A. 7868 to enact "Access New York," a New York State housing registry containing up-to-date information regarding accessible housing statewide for people with disabilities.

In 2006, I voted in favor of A. 7867 which requires housing programs that receive federal aid to comply with the Federal Rehabilitation Act of 1973, which is not always enforced, to ensure that housing intended for disabled tenants is available. I am proud to have voted for A. 11687, legislation that establishes the Access to Home program to provide financial and technical resources to assist renters and property owners to make dwelling units accessible for low and moderate income persons with disabilities. A. 11687 passed both houses of the Legislature and has been delivered to the Governor.
Timothy's Law was designed to end health insurance discrimination by enacting parity in coverage for people with biologically-based psychiatric disabilities. To address cost concerns raised by small businesses, the agreement directs the state Superintendent of Insurance to develop a methodology that would hold businesses with 50 or fewer employees harmless from any increase in insurance premiums that result from this measure. It also requires the state Insurance Department and the Office of Mental Health to conduct a two year study to determine the effectiveness and impact of mental health parity legislation in New York and other states. What would you do to help small business?

I am a co-sponsor of "Timothy's Law," A. 12050, which seeks to end our health insurance system's second-class treatment of individuals requiring mental health care. If the benefits offered in this legislation are not sufficient to address the costs to small businesses to carry out the intent of "Timothy's Law," I will support programs designed to further lift this financial burden. It is imperative that "Timothy's Law" is carried out appropriately, and I am committed to ensuring its success. Additionally, I feel that "Timothy's Law" will ultimately save businesses money by reducing absenteeism and making employees more productive.
Under Kendra's Law, a state-funded Medicaid grants program has been established to provide medications for eligible individuals with a psychiatric disability upon release or discharge from institutions. This will help eliminate some of the problems associated with the Medicaid coverage gap. Do you support Medicaid Presumptive Eligibility legislation which would eliminate the standard 45 days without coverage, and thus without access to treatment?

I feel that individuals should never be denied access to the treatment and medication they need. As such, I support Medicaid Presumptive Eligibility legislation.
By passing the Help America Vote Act of 2002 the U.S. Congress has tried to ensure that people with disabilities will, by 2006, be able to cast an independent, private ballot for the first time. What will you do to ensure successful implementation HAVA?

In 2005, a host of bi-partisan legislation was signed into law to implement HAVA, including provisions such as voter verification, the replacement of antiquated voting machines, and revision of the Board of Elections governance. The implementation of this legislation enables New York to receive federal HAVA funding, This year, the Assembly has acted upon legislation to increase access to the polls. I am a sponsor of legislation that requires local municipalities to ensure access to polling places for physically disabled voters (A. l20) and voted in favor of legislation to designate polling places on a public transportation route (A. 7339), and require that ballots are available in Braille and large print (A. 1852).
Disabled children in grades K-12 are entitled to receive a "free and appropriate public education in the least restrictive environment," but there have been major problems. Most often, schools are not physically accessible and not accommodating their students' needs. What do you propose to correct this problem?

The budget agreement reached by the Legislature for the 2006-07 fiscal year creates the Expand our Children's Education and Learning (EXCEL) program to meet the capital spending requirements in the Campaign for Fiscal Equity's (CFE) lawsuit. EXCEL will provide $2.6 billion for capital construction on top of building aid funding; $1.8 billion of which will go to New York City schools. The EXCEL program was championed by the Assembly Majority from the beginning of this year's budget process to construct and renovate schools for modern teaching facilities, reduce class sizes, and provide a safe and healthy place for children to learn. The plan also allows construction finding to be augmented by increasing the cap for the Transitional Finance Authority by $9.4 billion.

In 2005, I voted for legislation that was signed into law (A. 2168) to ensure that federal grants for preschool services for children with disabilities are distributed appropriately. I also support legislation to establish an office of special education services within the New York State Education Department to administer programs for children with disabilities (A. 2867). I have also sponsored legislation that passed both houses in 2006 that ensures that treatment of autism is covered by health insurance (A. 699).

In addition, I am a sponsor of A. 9491, the Dignity for All Students Act. This bill would establish policies and procedures to prevent discrimination in our public schools, including that based on disability. I believe that students deserve to feel comfortable and safe in their school, and that discrimination against students must be prohibited. I also voted in favor of A. 6146, legislation that requires certain information on disabled children to be maintained on school buses to enhance their safe transportation to and from school.
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, I would support a fully funded office of disability services on each SUNY and CUNY campus. I have supported A. 8292, legislation to provide state funding to public and private colleges to develop and implement institutional plans to improve access, expand programmatic activities, and enhance recruitment of students with disabilities.
What is your position on expanding DRIE (Disabled Rent Increase Exemption) to be the same as SCRIE (Senior Citizen Rent Increase Exemption) to low-income, eligible persons with disabilities under the age of 62 on the same basis and income level (currently the SCRIE's income cap is $25,000, while DRIE's is $17,000)?

I would fully support the expansion of the DRIE program. I was a proud sponsor of legislation that was signed into law in 2005 (A. 1092) to allow participation in the program. This year, I am a co-sponsor of legislation to simplify the income criteria for DRIE (A. 8972) The DRIE program is designed to work the same way as SCRIE, however, the income limit reporting requirements can be complicated. While SCRIE uses an income limit regardless of household size, the DRIE income limit takes into account expenses such as attendant care, transportation, medical devices, and medications. Under this legislation, applicants would no longer need to determine these expenses.
Do you support the extension of Elderly Pharmaceutical Insurance Coverage (EPIC) to low-income persons with disabilities regardless of age? What would you do to ensure this?

Yes. I am a sponsor of A. 3074, legislation that adds low-income disabled persons to the list of persons eligible for the EPIC program.
What would you do to expand accessible transportation options for people with disabilities in NYS?

I support expanding accessible transportation options for people with disabilities and support programs making ferries and taxies more accessible to disabled persons. Public transportation must be available to the entire public. Moreover, I voted in favor of A. 11170, legislation that ensures disabled persons are treated in accordance with ADA when purchasing gasoline.

I am currently investigating the possibility of installing an elevator at 86th Street and Lexington Avenue. The construction of a large development over the Subway entrance has provided an opportunity to address this issue, and I will work with the MTA to create more access to the Lexington Avenue line. I will also advocate for frilly accessible stations to be built for the new Second Avenue subway line.

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