Senate Bill S827

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

                                   827

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 18, 2009
                               ___________

Introduced  by  Sen.  KRUGER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Consumer Protection

AN ACT to amend the general business law, in relation to  providing  for
  wheelchair  availability  to  physically handicapped persons in public
  buildings and shopping malls

  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 article
32-A to read as follows:
                              ARTICLE 32-A
                       FUNCTIONING WHEELCHAIRS FOR
                   PUBLIC BUILDINGS AND SHOPPING MALLS
SECTION 676. DEFINITIONS.
        677. REQUIREMENT  FOR  OWNERS  OF  PUBLIC BUILDINGS AND SHOPPING
               MALLS TO PROVIDE FUNCTIONING WHEELCHAIRS.
        678. PENALTIES.
  S 676. DEFINITIONS. AS USED IN THIS ARTICLE:    1.  "MUNICIPALITY"  OR
"MUNICIPAL"  MEANS  A  CITY,  TOWN,  COUNTY, VILLAGE, SCHOOL DISTRICT OR
SPECIAL DISTRICT AS DEFINED BY SECTION ONE HUNDRED TWO OF THE REAL PROP-
ERTY TAX LAW.
  2. "PHYSICALLY HANDICAPPED" MEANS:
  (A) IMPAIRMENT REQUIRING CONFINEMENT TO A WHEELCHAIR; OR
  (B) IMPAIRMENT CAUSING DIFFICULTY OR INSECURITY IN WALKING OR CLIMBING
STAIRS OR REQUIRING THE USE OF  BRACES,  CRUTCHES  OR  OTHER  ARTIFICIAL
SUPPORTS;  OR IMPAIRMENT CAUSED BY AMPUTATION, ARTHRITIS, SPASTIC CONDI-
TION OR PULMONARY, CARDIAC OR OTHER ILLS RENDERING THE INDIVIDUAL  SEMI-
AMBULATORY; OR
  (C) TOTAL OR PARTIAL IMPAIRMENT OF HEARING OR SIGHT CAUSING INSECURITY
OR LIKELIHOOD OF EXPOSURE TO DANGER IN PUBLIC PLACES; OR
  (D) IMPAIRMENT DUE TO CONDITIONS OF AGING AND INCOORDINATION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06308-01-9

              

S. 827                              2

  3. "PUBLIC BUILDING" MEANS ANY BUILDING OR PORTION THEREOF, OTHER THAN
A  PRIVATELY  OWNED  RESIDENTIAL  STRUCTURE,  PUBLIC  HOUSING STRUCTURE,
POLICE, FIRE OR CORRECTION STRUCTURE, CONSTRUCTED  WHOLLY  OR  PARTIALLY
WITH STATE OR MUNICIPAL FUNDS, WHETHER TAX FUNDS, FUNDS OBTAINED THROUGH
BOND  ISSUES  OR GRANTS OR LOANS UNDER ANY STATE LAW, WHICH IS LIKELY TO
BE USED BY PHYSICALLY HANDICAPPED PERSONS, INCLUDING, BUT NOT LIMITED TO
THEATERS,  CONCERT  HALLS,  AUDITORIUMS,  MUSEUMS,  SCHOOLS,  LIBRARIES,
RECREATION FACILITIES, TRANSPORTATION TERMINALS AND STATIONS, FACTORIES,
OFFICE BUILDINGS AND BUSINESS ESTABLISHMENTS.
  4.  "PUBLIC  ENTRANCE"  MEANS  ANY POINT OF ACCESS TO OR EGRESS FROM A
BUILDING OR PORTION OF A BUILDING FOR THE USE OF THE GENERAL PUBLIC  AND
NOT INTENDED PRIMARILY FOR THE DELIVERY OF GOODS AND SERVICES.
  5.  "RETAIL  ESTABLISHMENT"  MEANS  ANY  FACILITY  OR PROPERTY THAT IS
PRIMARILY USED IN MAKING RETAIL SALES AS DEFINED  IN  SUBPARAGRAPHS  (I)
AND  (II) OF PARAGRAPH FOUR OF SUBDIVISION (B) OF SECTION ELEVEN HUNDRED
ONE OF THE TAX LAW.
  6. "SHOPPING MALL" MEANS ANY PRIVATELY OWNED  BUILDING  OR  SERIES  OF
BUILDINGS  HOUSING  TWENTY  OR  MORE RETAIL ESTABLISHMENTS HAVING PUBLIC
ENTRANCES ACCESSIBLE TO ONE ANOTHER BY WAY OF ENCLOSED  HALLWAYS,  WALK-
WAYS  OR  PASSAGEWAYS  AND OFFERING FOR LEASE A TOTAL OF TWENTY THOUSAND
SQUARE FEET OR MORE OF RETAIL SPACE, REGARDLESS  OF  WHETHER  VACANT  OR
NOT.
  7.  "STATE"  SHALL  MEAN  THE  STATE  OF NEW YORK AND ANY STATE BOARD,
BUREAU, COMMISSION, DEPARTMENT, AUTHORITY, DIVISION, OFFICER  OR  PUBLIC
BENEFIT CORPORATION.
  8. "VERIFIABLE", "VERIFIABLY" OR "VERIFICATION" WITH RESPECT TO WHETH-
ER  OR NOT AN IMPAIRMENT EXISTS MEANS CAPABLE OF BEING SHOWN BY MEANS OF
VISIBLE OR WRITTEN PROOF, SUCH AS, BUT NOT LIMITED TO, A WRITTEN CERTIF-
ICATE SIGNED BY A PHYSICIAN OR A PERMIT ISSUED BY THE STATE OR A MUNICI-
PALITY.
  S 677. REQUIREMENT FOR OWNERS OF PUBLIC BUILDINGS AND  SHOPPING  MALLS
TO  PROVIDE  FUNCTIONING  WHEELCHAIRS. 1. OWNERS OF PUBLIC BUILDINGS AND
SHOPPING MALLS SHALL PROVIDE AND MAINTAIN A SUFFICIENT NUMBER  OF  FUNC-
TIONING  WHEELCHAIRS  FOR  THE  USE OF VERIFIABLY PHYSICALLY HANDICAPPED
PERSONS FREE OF CHARGE DURING THE PERIODS OF TIME SUCH  PERSONS  USE  OR
VISIT  THE PREMISES AND THE FACILITIES AND RETAIL ESTABLISHMENTS LOCATED
THEREIN. EVERY WHEELCHAIR SO PROVIDED SHALL BE RETURNED BY  THE  VERIFI-
ABLY  PHYSICALLY HANDICAPPED PERSON WHO MADE USE OF IT TO THE PLACE FROM
WHICH IT WAS OBTAINED UPON SUCH PERSON'S DEPARTURE FROM THE PREMISES  OF
THE PUBLIC BUILDING OR SHOPPING MALL.
  2.  A  "SUFFICIENT  NUMBER",  AS  REQUIRED  BY SUBDIVISION ONE OF THIS
SECTION, SHALL BE PRESUMED TO HAVE BEEN ATTAINED IF SUCH OWNER  PROVIDES
AT  LEAST  TWO  FUNCTIONING  WHEELCHAIRS  FOR  EACH PUBLIC ENTRANCE OF A
PUBLIC BUILDING OR SHOPPING MALL.
  S 678. PENALTIES. FAILURE TO PROVIDE A SUFFICIENT NUMBER OF  FUNCTION-
ING  WHEELCHAIRS  AS  REQUIRED  BY  THIS  ARTICLE  SHALL BE CONSIDERED A
VIOLATION AND BE SUBJECT TO A  CIVIL  PENALTY  OF  UP  TO  ONE  THOUSAND
DOLLARS  FOR  A FIRST VIOLATION; TWO THOUSAND FIVE HUNDRED DOLLARS FOR A
SECOND VIOLATION; AND FIVE THOUSAND DOLLARS FOR A  THIRD  VIOLATION  AND
ANY SUBSEQUENT VIOLATION.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.