S T A T E O F N E W Y O R K
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8533
2009-2010 Regular Sessions
I N A S S E M B L Y
May 27, 2009
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Introduced by M. of A. BENEDETTO -- read once and referred to the
Committee on Consumer Affairs and Protection
AN ACT to amend the general business law, in relation to requiring
captioned telephones in hotels and motels
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The general business law is amended by adding a new
section 209-h to read as follows:
S 209-H. CAPTIONED TELEPHONES REQUIRED. 1. FOR THE PURPOSE OF THIS
SECTION: THE TERM "CAPTIONED TELEPHONE" SHALL MEAN ANY SPECIALIZED PHONE
THAT UTILIZES THE PRE-EXISTING NEW YORK STATE CAPTIONED TELEPHONE
SERVICE, THE COST OF WHICH IS COVERED BY TELECOMMUNICATIONS RELAY
SERVICE (TRS) FUNDS ALLOCATED IN TITLE IV OF THE AMERICANS WITH DISABIL-
ITIES ACT (ADA). WITHIN NINETY DAYS OF THE EFFECTIVE DATE OF THIS
SECTION, ALL HOTELS OR MOTELS IN THE STATE BETWEEN FIFTY AND ONE HUNDRED
UNITS IN SIZE ARE REQUIRED TO OWN AT LEAST ONE CAPTIONED TELEPHONE,
HOTELS OR MOTELS ONE HUNDRED ONE-TWO HUNDRED UNITS IN SIZE ARE REQUIRED
TO OWN AT LEAST TWO CAPTIONED TELEPHONES, HOTELS OR MOTELS WITH MORE
THAN TWO HUNDRED UNITS ARE REQUIRED TO OWN AT LEAST THREE CAPTIONED
TELEPHONES. SUCH TELEPHONES ARE REQUIRED TO BE KEPT IN WORKING CONDI-
TION. AT THE REQUEST OF A PATRON WHO CLAIMS TO BE HEARING IMPAIRED, THE
HOTEL OR MOTEL IS TO PROVIDE SAID PATRON WITH A CAPTIONED TELEPHONE.
THE CAPTIONED TELEPHONE WILL BE PLUGGED INTO THE ANALOG TELEPHONE PORT
IN THE PATRON'S ROOM. WHEN ALL AVAILABLE CAPTIONED TELEPHONE UNITS ARE
IN USE, PATRONS ARE TO BE PLACED ON A WAITING LIST IN ORDER OF REQUEST
AND TO BE PROVIDED WITH A CAPTIONED TELEPHONE AS SOON AS ONE BECOMES
AVAILABLE. IN CASES WHEN THE HOTEL OR MOTEL OPERATES A DIGITAL SUBSCRIB-
ER LINE (DSL), SUCH HOTEL OR MOTEL IS REQUIRED TO POSSESS ONE INLINE
ANALOG FILTER PER REQUIRED CAPTIONED TELEPHONE, TO BE INSTALLED BETWEEN
THE PHONE JACK AND THE CAPTIONED TELEPHONE. INLINE FILTERS ARE COMMONLY
AVAILABLE FROM THE DSL PROVIDER. NOTHING IN THIS SECTION SHALL BE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10459-01-9
A. 8533 2
CONSTRUED AS PREVENTING A HOTEL OR MOTEL FROM OWNING AND OPERATING MORE
THAN THE REQUIRED NUMBER OF CAPTIONED TELEPHONES.
2. AT THE MAIN RECEPTION DESK, HOTELS OR MOTELS SUBJECT TO THIS
SECTION ARE REQUIRED TO DISPLAY NOTIFICATION OF THE CAPTIONED TELEPHONE
SERVICE OUTLINED IN SUBDIVISION ONE OF THIS SECTION AND RIGHTS OUTLINED
IN SUBDIVISION THREE OF THIS SECTION, WITHIN VIEW OF THE GENERAL PUBLIC.
3. FAILURE BY A HOTEL OR MOTEL TO MAINTAIN IN OPERATIONAL CONDITION
THE NUMBER OF CAPTIONED TELEPHONES REQUIRED BY SUBDIVISION ONE OF THIS
SECTION, OR FAILURE TO PROPERLY INFORM THE PUBLIC OF THE PROVISIONS OF
THIS SECTION AS REQUIRED IN SUBDIVISION TWO OF THIS SECTION, SHALL QUAL-
IFY AS DISCRIMINATION AGAINST THE HEARING IMPAIRED, AS DEFINED BY THE
HUMAN RIGHTS LAW. WHEN A PATRON BELIEVES HE OR SHE HAS BEEN DISCRIMI-
NATED AGAINST, HE OR SHE SHALL FILE A COMPLAINT WITH THE NEW YORK STATE
DIVISION OF HUMAN RIGHTS IN ACCORDANCE WITH THE DIVISION'S COMPLAINT
PROCESS.
S 2. This act shall take effect immediately.