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

                                  6906

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              April 5, 2011
                               ___________

Introduced  by M. of A. KELLNER -- read once and referred to the Commit-
  tee 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 FIFTEEN.
  2.  (A) THE ASSISTIVE LISTENING SYSTEMS REQUIRED BY THIS SECTION SHALL
BE AVAILABLE TO EVERYONE USING THE PUBLIC BUILDING IN WHICH  THE  SYSTEM
IS  INSTALLED,  INCLUDING  AUDIENCE  MEMBERS  AND PARTICIPANTS IN EVENTS
CONDUCTED AT THE BUILDING.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10610-01-1
              

A. 6906                             2

  (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.
  [2.]  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
TWELVE, 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 TWELVE, 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 A VISUAL ALARM ELEMENT FOR  EMER-
GENCY  EVACUATION  MEASURES  FOR USE BY HEARING IMPAIRED PERSONS AT SUCH

A. 6906                             3

TIME AS THE  BUILDING  NEXT  UNDERGOES  RECONSTRUCTION,  REHABILITATION,
ALTERATION OR IMPROVEMENT, BUT 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.  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.