S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7023

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             April 11, 2011
                               ___________

Introduced  by M. of A. KELLNER -- read once and referred to the Commit-
  tee on Transportation

AN ACT to amend the transportation law, in  relation  to  requiring  the
  provision  of  assistive  listening  systems in New York state airport
  terminals and railway stations

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The transportation law is amended by adding a new section
15-d to read as follows:
  S 15-D. ACCESSIBLE TRANSPORTATION SYSTEM; ASSISTIVE LISTENING SYSTEMS.
1. ALL PUBLIC-USE AIRPORT TERMINALS AND RAILROAD STATIONS LOCATED WITHIN
THE STATE SHALL BE EQUIPPED WITH AN ASSISTIVE LISTENING SYSTEM  FOR  USE
BY  HEARING  IMPAIRED  PERSONS  WHO  REQUIRE THE USE OF SUCH A SYSTEM TO
IMPROVE THEIR RECEPTION OF SOUND. STANDARDS FOR SUCH  SYSTEMS  SHALL  BE
DEVELOPED  BY  THE  STATE FIRE PREVENTION AND BUILDING CODE COUNCIL UPON
RECEIVING RECOMMENDATIONS FROM THE ADVISORY BOARD ON ASSISTIVE LISTENING
SYSTEMS IN PLACES OF PUBLIC ASSEMBLY, AND SHALL PROVIDE  THE  CAPABILITY
FOR:
  (A)  ANNOUNCEMENTS TO PASSENGERS, INCLUDING EMERGENCY INSTRUCTIONS, TO
BE CAPTIONED IN REAL TIME ON SCREENS IN AIRPORTS AND RAIL STATIONS;
  (B) PROMINENTLY DISPLAY APPROPRIATE SIGNAGE, EMPLOYING  THE  UNIVERSAL
SYMBOLS,  INDICATING THAT AN ASSISTIVE LISTENING SYSTEM IS AVAILABLE AND
EXPLAINING HOW THE SYSTEM WORKS AND HOW TO ACCESS IT; AND
  (C) EXISTING MICROPHONE SYSTEMS TO  EMPLOY  A  HEARING-AID  COMPATIBLE
ASSISTIVE  LISTENING  SYSTEM AND DISPLAY THE UNIVERSAL SYMBOL FOR ASSIS-
TIVE LISTENING AT TICKETING AND INFORMATION BOOTHS.
  2. THE COMMISSIONER IS AUTHORIZED TO PROMULGATE SUCH RULES  AND  REGU-
LATIONS AS HE OR SHE DEEMS NECESSARY TO CARRY OUT THE PROVISIONS OF THIS
SUBDIVISION.
  3.  THE  PROVISIONS  OF  THIS  SECTION  SHALL NOT APPLY TO PRIVATE-USE
AIRPORTS OR RAILROAD TERMINALS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10609-01-1
              

A. 7023                             2

  4. ALL FACILITIES SUBJECT TO THE PROVISIONS OF THIS SECTION SHALL HAVE
A COMPLIANT ASSISTIVE  LISTENING  SYSTEM  INSTALLED  AND  AVAILABLE  FOR
PUBLIC  USE  BY  A  DATE  NO  LATER THAN JULY TWENTY-SIXTH, TWO THOUSAND
FIFTEEN.
  5. FOR PURPOSES OF THIS SECTION:
  A.  "AIRPORT" HAS THE SAME MEANING AS SUCH TERM IS DEFINED IN SUBDIVI-
SION FIVE OF SECTION TWO HUNDRED FORTY OF THE GENERAL BUSINESS LAW;
  B. "ASSISTIVE LISTENING SYSTEM" SHALL MEAN SITUATIONAL-PERSONAL ACOUS-
TIC COMMUNICATION EQUIPMENT DESIGNED TO  IMPROVE  THE  TRANSMISSION  AND
AUDITORY RECEPTION OF SOUND. SUCH SYSTEM SHALL INCLUDE BUT NOT BE LIMIT-
ED  TO  THE  USE  OF STANDARD AMPLITUDE MODULATION (AM), FREQUENCY MODU-
LATION (FM), AUDIO INDUCTION LOOP, INFRARED LIGHT SOUND,  OR  HARD  WIRE
SYSTEMS;
  C.  "PRIVATE-USE"  REFERS  TO  AN AIRPORT TERMINAL OR RAILROAD STATION
USED EXCLUSIVELY BY THE OWNER THEREOF AND  PERSONS  AUTHORIZED  BY  SUCH
OWNER;
  D.  "PUBLIC-USE"  REFERS  TO  AN  AIRPORT TERMINAL OR RAILROAD STATION
AVAILABLE FOR USE BY THE GENERAL PUBLIC WITHOUT A  REQUIREMENT  FOR  THE
PRIOR  APPROVAL  OF  THE  OWNER  OR  OPERATOR  THEREOF  EXCEPT AS MAY BE
REQUIRED BY FEDERAL LAW OR REGULATION; AND
  E. "RAILROAD" HAS THE SAME MEANING AS SUCH TERM IS DEFINED IN  SECTION
TWO OF THIS CHAPTER.
  S 2. The transportation law is amended by adding a new section 15-e to
read as follows:
  S  15-E.  VISUAL  EMERGENCY ALARM. 1. ALL PUBLIC USE AIRPORT TERMINALS
AND RAILROAD STATIONS SHALL BE EQUIPPED WITH A VISUAL ALARM ELEMENT  FOR
EMERGENCY  EVACUATION  MEASURES  FOR  USE BY HEARING IMPAIRED PERSONS NO
LATER THAN JANUARY FIRST, TWO THOUSAND FIFTEEN.
  2. STANDARDS FOR SUCH ALARMS SHALL BE  DEVELOPED  BY  THE  STATE  FIRE
PREVENTION AND BUILDING CODE COUNCIL UPON RECEIVING RECOMMENDATIONS FROM
THE  ADVISORY  BOARD  ON ASSISTIVE LISTENING SYSTEMS IN PLACES OF PUBLIC
ASSEMBLY; PROVIDED THAT SUCH VISUAL ELEMENT SHALL BE DESIGNED  TO  MINI-
MIZE  THE POSSIBILITY OR RISK OF TRIGGERING SEIZURES IN PERSONS WHO HAVE
EPILEPSY OR PHOTOSENSITIVITY.
  S 3. This act shall take effect on the first of January next  succeed-
ing  the  date on which it shall have become a law; provided that effec-
tive immediately, the addition, amendment and/or repeal of any  rule  or
regulation necessary for the implementation of this act on its effective
date  are  authorized and directed to be made and completed on or before
such effective date.