S T A T E   O F   N E W   Y O R K
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                                  1061

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M.  of  A.  KELLNER,  MAISEL,  FINCH, ROBERTS, HOOPER --
  Multi-Sponsored by -- M. of A. MARKEY, PERRY, ROBINSON  --  read  once
  and referred to the Committee 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.

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

                                                           LBD01885-01-3

A. 1061                             2

  3. THE PROVISIONS OF THIS  SECTION  SHALL  NOT  APPLY  TO  PRIVATE-USE
AIRPORTS OR RAILROAD TERMINALS.
  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
SEVENTEEN.
  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 SEVENTEEN.
  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.