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

                                   951

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M.  of  A.  KELLNER, SALADINO, WEPRIN, MAISEL, HOOPER --
  Multi-Sponsored by -- M.  of A. MARKEY -- read once  and  referred  to
  the Committee on Governmental Operations

AN ACT to amend the public buildings law, the legislative law, the judi-
  ciary  law  and the county law, in relation to requiring the provision
  of assistive listening systems and visual evacuation alarm  components
  in courthouses and legislative hearing and meeting rooms

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

  Section 1. Section 53 of the public buildings law, as amended by chap-
ter 23 of the laws of 1989, is amended to read as follows:
  S 53.  Assistive listening systems.  1. (A) All new public  buildings,
construction  of  which  commences after January first, nineteen hundred
ninety-one, containing an auditorium,  theater,  meeting  hall,  hearing
room,  amphitheater,  or  room used in any similar capacity which are so
designated by the appropriate building and fire code shall have equipped
and installed an assistive listening system for use by hearing  impaired
persons  who require the use of such a system to improve their reception
of sound.
  (B) ALL PUBLIC BUILDINGS, CONSTRUCTION OF  WHICH  COMMENCED  PRIOR  TO
JANUARY  FIRST,  NINETEEN  HUNDRED NINETY-ONE, CONTAINING AN AUDITORIUM,
THEATER, MEETING HALL, HEARING ROOM, AMPHITHEATER, OR ROOM USED  IN  ANY
SIMILAR CAPACITY WHICH ARE SO DESIGNATED BY THE APPROPRIATE BUILDING AND
FIRE  CODE  SHALL  HAVE  EQUIPPED  AND  INSTALLED AN ASSISTIVE LISTENING
SYSTEM FOR USE BY HEARING IMPAIRED PERSONS WHO REQUIRE THE USE OF SUCH A
SYSTEM TO IMPROVE THEIR RECEPTION OF SOUND AT SUCH TIME AS THE  BUILDING
NEXT  UNDERGOES  RECONSTRUCTION,  REHABILITATION, ALTERATION OR IMPROVE-
MENT, BUT NO LATER THAN JANUARY FIRST, TWO THOUSAND SEVENTEEN.
  2. (A) THE ASSISTIVE LISTENING SYSTEMS REQUIRED BY THIS SECTION  SHALL
BE  AVAILABLE  TO EVERYONE USING THE PUBLIC BUILDING IN WHICH THE SYSTEM

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

                                                           LBD01888-01-3

A. 951                              2

IS INSTALLED, INCLUDING AUDIENCE  MEMBERS  AND  PARTICIPANTS  IN  EVENTS
CONDUCTED AT THE BUILDING.
  (B) ALL PUBLIC BUILDINGS SHALL MAKE AVAILABLE, FREE OF CHARGE AND UPON
REQUEST,  HEARING-AID  COMPATIBLE ASSISTIVE LISTENING DEVICES FOR USE ON
THE PREMISES OF THE PUBLIC BUILDING.
  (C) UPON REQUEST, A QUALIFIED INTERPRETER SHALL BE MADE  AVAILABLE  TO
FACILITATE  ANY  HEARING  IMPAIRED PERSON'S ABILITY TO PARTICIPATE IN OR
OBSERVE ANY PROCEEDING CONDUCTED IN A PUBLIC BUILDING. ALL SUCH REQUESTS
MUST BE MADE  TWO  BUSINESS  DAYS  BEFORE  THE  PROCEEDING,  UNLESS  THE
PROCEEDING  IS  SCHEDULED  UPON LESS THAN TWO BUSINESS DAYS' NOTICE. THE
FAILURE TO REQUEST AN INTERPRETER IN A TIMELY MANNER DOES NOT CONSTITUTE
A WAIVER OF THE RIGHT TO AN  INTERPRETER.  A  SINGLE  REQUEST  SHALL  BE
SUFFICIENT  TO OBTAIN THE SERVICES OF AN INTERPRETER FOR THE DURATION OF
ANY PROCEEDING. FORMS REQUESTING INTERPRETER SERVICES SHALL BE AVAILABLE
AT EACH PUBLIC BUILDING; PROVIDED THAT REQUESTS MAY BE SUBMITTED UTILIZ-
ING THE FORM, OR BY EMAIL, IN WRITING, IN PERSON, OR OVER THE TELEPHONE.
  3. ANY LEGISLATIVE OR JUDICIAL BODY CONDUCTING A PROCEEDING IN WHICH A
HEARING IMPAIRED PERSON WILL BE PARTICIPATING SHALL CONTACT THE  HEARING
IMPAIRED PERSON AND INQUIRE HOW BEST TO ACCOMMODATE HIM OR HER.
  4. IN CIVIL PROCEDURES, THE COSTS OF THE INTERPRETER MAY BE CONSIDERED
PART OF COURT COSTS EXCEPT THAT THE HEARING IMPAIRED PERSON SHALL NOT BE
ASSESSED SUCH COSTS.
  5.  EACH  PUBLIC  BUILDING  IN  WHICH AN ASSISTIVE LISTENING SYSTEM IS
INSTALLED SHALL PROMINENTLY DISPLAY APPROPRIATE SIGNAGE INDICATING  THAT
AN ASSISTIVE LISTENING SYSTEM IS AVAILABLE AND THAT INTERPRETER SERVICES
ARE  AVAILABLE  FREE  OF  CHARGE,  AND  GIVING INSTRUCTIONS AS TO HOW TO
REQUEST SUCH A DEVICE OR AN INTERPRETER. ALL SUCH SIGNS SHALL EMPLOY THE
UNIVERSAL SYMBOLS TO INDICATE THAT CLOSED CAPTIONING IS AVAILABLE,  SIGN
LANGUAGE  INTERPRETATION IS AVAILABLE, AND HEARING-AID COMPATIBLE ASSIS-
TIVE LISTENING DEVICES ARE AVAILABLE.
  6. 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.
  [3.] 7. For purposes of  this  section[,  the  term]:  (A)  "assistive
listening system" shall mean situational-personal acoustic communication
equipment designed to improve the transmission and auditory reception of
sound. SUCH SYSTEM SHALL INCLUDE BUT NOT BE LIMITED TO THE USE OF STAND-
ARD   AMPLITUDE   MODULATION  (AM),  FREQUENCY  MODULATION  (FM),  AUDIO
INDUCTION LOOP, INFRARED LIGHT SOUND, OR HARD WIRE SYSTEMS; AND
  (B) "QUALIFIED INTERPRETER" MEANS AN INTERPRETER WHO IS ABLE TO INTER-
PRET  EFFECTIVELY,  ACCURATELY  AND  IMPARTIALLY  BOTH  RECEPTIVELY  AND
EXPRESSIVELY, USING ANY NECESSARY SPECIALIZED VOCABULARY.
  S 2. The public buildings law is amended by adding a new section 54 to
read as follows:
  S  54.  VISUAL  EMERGENCY  ALARM.  1.  (A)  ALL  NEW PUBLIC BUILDINGS,
CONSTRUCTION OF WHICH COMMENCES AFTER JANUARY FIRST, TWO THOUSAND  FOUR-
TEEN,  CONTAINING  AN  AUDITORIUM,  THEATER, MEETING HALL, HEARING ROOM,
AMPHITHEATER, OR ROOM USED IN ANY SIMILAR CAPACITY WHICH ARE  SO  DESIG-
NATED  BY THE APPROPRIATE BUILDING AND FIRE CODE SHALL HAVE EQUIPPED AND
INSTALLED A VISUAL ALARM ELEMENT FOR EMERGENCY EVACUATION  MEASURES  FOR
USE BY HEARING IMPAIRED PERSONS.
  (B)  ALL  PUBLIC  BUILDINGS,  CONSTRUCTION OF WHICH COMMENCED PRIOR TO
JANUARY FIRST, TWO THOUSAND FOURTEEN, CONTAINING AN AUDITORIUM, THEATER,
MEETING HALL, HEARING ROOM, AMPHITHEATER, OR ROOM USED  IN  ANY  SIMILAR
CAPACITY  WHICH  ARE  SO DESIGNATED BY THE APPROPRIATE BUILDING AND FIRE

A. 951                              3

CODE SHALL HAVE EQUIPPED AND INSTALLED A VISUAL ALARM ELEMENT FOR  EMER-
GENCY  EVACUATION  MEASURES  FOR USE BY HEARING IMPAIRED PERSONS AT SUCH
TIME AS THE  BUILDING  NEXT  UNDERGOES  RECONSTRUCTION,  REHABILITATION,
ALTERATION OR IMPROVEMENT, BUT 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.  Subdivision (a) of section 7-e of the legislative law, as added
by chapter 169 of the laws of 1987, is amended to read as follows:
  (a) The [temporary president of the senate  and  the  speaker  of  the
assembly  shall  have the power and it shall be their individual duty to
equip the] senate chambers, the assembly chambers and any hearing  rooms
located  in  the legislative office building in Albany which accommodate
more than one hundred  persons  SHALL  BE  EQUIPPED  with  an  assistive
listening  system  for use by [the] hearing impaired PERSONS WHO REQUIRE
THE USE OF SUCH A SYSTEM TO IMPROVE THEIR RECEPTION OF SOUND, IN ACCORD-
ANCE WITH THE PROVISIONS OF SECTION FIFTY-THREE OF THE PUBLIC  BUILDINGS
LAW.
  S 4. The judiciary law is amended by adding a new section 39-c to read
as follows:
  S  39-C. ASSISTIVE LISTENING SYSTEMS. 1.  ALL COURTHOUSE HEARING ROOMS
AND MEETING AND MEDIATION FACILITIES,  OR  ROOMS  USED  IN  ANY  SIMILAR
CAPACITY,  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, IN ACCORDANCE WITH THE PROVISIONS OF
SECTION FIFTY-THREE OF THE PUBLIC BUILDINGS LAW.
  2. ALL COURTROOMS SHALL BE EQUIPPED WITH TECHNOLOGY THAT PROVIDES REAL
TIME  CAPTION  TRANSMISSION  OF  THE  COURT  REPORTER'S  TRANSCRIPTS  OR
RECORDINGS  OF  PROCEEDINGS  TO  COURTROOM  PARTICIPANTS AND THE GENERAL
PUBLIC. THE TRANSMISSION SHALL BE AVAILABLE DURING ALL PROCEEDINGS.
  S 5. The county law is amended by adding a new section 216-a  to  read
as follows:
  S  216-A.  ASSISTIVE  LISTENING  SYSTEMS. ALL FACILITIES UTILIZED BY A
COUNTY AS COURTROOMS, HEARING ROOMS, MEETING ROOMS OR MEDIATION  FACILI-
TIES,  OR  ROOMS USED IN ANY SIMILAR CAPACITY, 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, IN
ACCORDANCE  WITH  THE  PROVISIONS  OF  SECTION FIFTY-THREE OF THE PUBLIC
BUILDINGS LAW.
  S 6. 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.