senate Bill S6846A

Requires the office of temporary and disability assistance to require any new signage relating to accessibility be updated and changed

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 19 / Mar / 2014
    • REFERRED TO SOCIAL SERVICES
  • 13 / May / 2014
    • 1ST REPORT CAL.613
  • 14 / May / 2014
    • 2ND REPORT CAL.
  • 19 / May / 2014
    • ADVANCED TO THIRD READING
  • 02 / Jun / 2014
    • AMENDED ON THIRD READING (T) 6846A
  • 17 / Jun / 2014
    • SUBSTITUTED BY A9934A

Summary

Requires the office of temporary and disability assistance to promulgate any rules and regulations necessary to remove the word handicapped from any signs or means of communication where such word appears; further requires that anywhere where it is required that the current universal symbol of access of figure in a wheelchair appear that such signage instead depict a logo with a dynamic character leaning forward with a sense of movement; applies only to new signs.

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Bill Details

See Assembly Version of this Bill:
A9934A
Versions:
S6846
S6846A
Legislative Cycle:
2013-2014
Law Section:
Executive Law
Laws Affected:
Add §101, Exec L; amd §375, V & T L

Sponsor Memo

BILL NUMBER:S6846A

TITLE OF BILL: An act to amend the executive law and the vehicle and
traffic law, in relation to certain signs relating to accessibility and
related rules and regulations

PURPOSE: The purpose of this legislation is to abolish the word 'hand-
icapped' and to change the current accessibility icon.

SUMMARY OF PROVISIONS:

Section 1. The Executive Law is amended by adding a new section 101 to
read as follows:

§ 101. Accessibility, rules and regulations. 1. The secretary of state
shall take necessary steps to remove the word 'handicapped' from any
signs or other means of communication. 2. The secretary of state shall
take necessary steps to require that wherever the current universal
symbol of access appears, it will be in the format where the logo
depicts a dynamic character leaning forward with a sense of movement. It
states that this should only apply to new signage being installed or
replaced.

Section 2. Subparagraph 2 of paragraph (b) of subdivision 20 of section
375 of the Vehicle and Traffic Law, is amended by adding the following:
The commissioner shall require that any new signage relating to accessi-
bility installed or replaced on or after the effective date of the chap-
ter of laws of two thousand fourteen which amended this subparagraph
depict the logo promulgated by the secretary of state pursuant to
section one hundred one of the Executive Law.

Section 3. Establishes the effective date.

JUSTIFICATION: In 1990, the American with Disabilities Act (ADA) was
enacted by Congress. The ADA's purpose was to prohibit discrimination on
the basis of a disability in the public or private sector. The ADA's
Title II and III prohibit the discrimination of individuals who are
disabled in regards to public accommodations. Examples include places of
lodging, recreation, education, transportation, stores, and public,
displays. The ADA further provides that signage must be present at such
sites indicating accessibility.

The current signage usually includes the two word combination: "hand-
icapped accessible". Many disability advocacy organizations are advocat-
ing for the use of the word 'accessible' by eliminating the word 'hand-
icapped'. Representatives of such groups maintain a 'people first'
perspective so that the emphasis is on the person rather than the hand-
icap itself. Organizations taking this position include the National
Disability Rights Network, United Spinal Association, Westchester Disa-
bled on the Move. Inc., and the Center for Disability Rights, Inc.

People with Disabilities Rights representatives are also advocating for
a revamped International Symbol of Access (ISA). The ISA is used world-
wide to indicate accessibility for those with disabilities. The current
symbol is a person seated in a wheelchair. Advocates prefer the symbol
to include a more dynamic person in the wheelchair. Federal and state
officials have accepted slight modifications on the ISA. The Accessible
Icon Project is advocating for the new figure, and New York City has
already adopted the redesigned icon.

This legislation would correct a situation where language that is
considered outdated, derogatory and offensive by many with disabilities
and those closest to them is eliminated. The removal of the word offen-
sive by many with disabilities and those closest to them is eliminated.
The removal of the word 'handicapped' and substitution of a dynamic
person in a wheelchair broadcasts and important message that a person
may have a disability but is not to be defined by it.

LEGISLATIVE HISTORY: New Bill.

LOCAL FISCAL IMPLICATIONS: This legislation has no fiscal implications
since only new signage will incorporate the changed language and icon.

EFFECTIVE DATE: This act shall take effect on the one hundred twentieth
day after it shall have become a law; provided, however, that effective
immediately, the addition, amendment and/or repeal of any rule or regu-
lation 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.

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

                                 6846--A
    Cal. No. 613

                            I N  S E N A T E

                             March 19, 2014
                               ___________

Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Social  Services  --
  reported  favorably  from  said committee, ordered to first and second
  report, ordered to a third reading,  amended  and  ordered  reprinted,
  retaining its place in the order of third reading

AN  ACT  to  amend the executive law and the vehicle and traffic law, in
  relation to certain signs relating to accessibility and related  rules
  and regulations

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

  Section 1.  The executive law is amended by adding a new  section  101
to read as follows:
  S  101.  ACCESSIBILITY,  RULES  AND  REGULATIONS.  1. THE SECRETARY OF
STATE, IN CONSULTATION WITH ANY OTHER  STATE  AGENCY  HE  OR  SHE  DEEMS
NECESSARY,  SHALL  PROMULGATE  ANY  RULES  AND  REGULATIONS NECESSARY TO
REMOVE THE WORD "HANDICAPPED" FROM ANY SIGNS OR OTHER MEANS OF  COMMUNI-
CATION WHERE SUCH WORD APPEARS.
  2. THE SECRETARY OF STATE, IN CONSULTATION WITH ANY OTHER STATE AGENCY
HE OR SHE DEEMS NECESSARY, SHALL PROMULGATE RULES AND REGULATIONS NECES-
SARY  TO REQUIRE THAT WHEREVER THE CURRENT UNIVERSAL SYMBOL OF ACCESS OF
A FIGURE IN A WHEELCHAIR APPEARS, SUCH SYMBOL  SHALL  INSTEAD  DEPICT  A
LOGO  WITH A DYNAMIC CHARACTER LEANING FORWARD WITH A SENSE OF MOVEMENT.
SUCH LOGO SHALL BE READILY IDENTIFIABLE, SIMPLY DESIGNED WITH NO SECOND-
ARY MEANING, AND PROVIDE FOR EQUIVALENT FACILITATION  AND  ACCESSIBILITY
AS THE CURRENT UNIVERSAL SYMBOL OF ACCESS. THE PROVISIONS OF THIS SUBDI-
VISION  SHALL ONLY APPLY TO ANY NEW SIGNS BEING INSTALLED OR REPLACED ON
AND AFTER THE EFFECTIVE DATE OF THIS SECTION.
  S 2. Subparagraph 2 of paragraph (b) of subdivision 20 of section  375
of the vehicle and traffic law, as amended by chapter 242 of the laws of
1992, is amended to read as follows:
  (2)  The universal handicapped symbol shall be conspicuously displayed
on the exterior of every omnibus equipped with a wheelchair  lift  which
transports children with disabilities. The commissioner shall promulgate
regulations  regarding  the  size  and  location of such universal hand-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11777-02-4

S. 6846--A                          2

icapped symbol. THE COMMISSIONER SHALL  REQUIRE  THAT  ANY  NEW  SIGNAGE
RELATING  TO  ACCESSIBILITY INSTALLED OR REPLACED ON OR AFTER THE EFFEC-
TIVE DATE OF THE CHAPTER OF THE LAWS  OF  TWO  THOUSAND  FOURTEEN  WHICH
AMENDED  THIS  SUBPARAGRAPH DEPICT THE LOGO PROMULGATED BY THE SECRETARY
OF STATE PURSUANT TO SECTION ONE HUNDRED ONE OF THE EXECUTIVE LAW.
  S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided, however, that effective immediate-
ly, 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.

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