S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8772
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 2, 2025
                                ___________
 
 Introduced  by  M.  of  A. SANTABARBARA -- read once and referred to the
   Committee on People with Disabilities
 
 AN ACT establishing the disability access accountability commission
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Short  title. This act shall be known and may be cited as
 the "disability access accountability commission act".
   § 2.  Disability  access  accountability  commission.  The  disability
 access  accountability  commission  (DAAC)  is  hereby established as an
 independent commission to monitor and enforce compliance with state  and
 federal  disability access laws across public and private sectors in New
 York.
   1. For the purposes of this act, "commission" shall mean the disabili-
 ty access accountability commission (DAAC), established  by  subdivision
 two of this section.
   2. The commission shall consist of fourteen members, including:
   (a) the commissioner of the office for people with developmental disa-
 bilities, or such commissioner's designee;
   (b)  the commissioner of the department of health, or such commission-
 er's designee;
   (c) the temporary president of the senate shall appoint  six  members,
 including:
   (i) a member of the standing committee on disabilities;
   (ii)  a  member  of  a committee related to disability accommodations,
 other than the standing committee on disabilities, such as the  standing
 committees  on  children and families, education, health, investigations
 and government operations, mental health, or social services;
   (iii) a qualified expert whose  primary  occupation  involves  working
 with  people  with  disabilities,  such as a physician, psychologist, or
 medical researcher;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10551-01-5
 A. 8772                             2
              

 
   (iv) two persons representing those directly impacted by disabilities,
 including:
   (A) a person with lived experience of disabilities; and
   (B)  a person who is the primary caretaker, such as a parent/guardian,
 adult child, sibling, or spouse, of someone with a disability; or
   (C) an established disability access advocate; and
   (v) a representative of the private sector or organization that  works
 with  the private sector to improve disability access in public accommo-
 dations such as mass transit, hospitality, and housing.
   (d) the speaker of the assembly shall appoint six members, including:
   (i) a member of the standing committee on people with disabilities;
   (ii) a member of a committee  related  to  disability  accommodations,
 other  than the standing committee on disabilities, such as the standing
 committees on children and families, education,  health,  investigations
 and government operations, mental health, or social services;
   (iii)  a  qualified  expert  whose primary occupation involves working
 with people with disabilities, such as  a  physician,  psychologist,  or
 medical researcher;
   (iv) two persons representing those directly impacted by disabilities,
 including:
   (A) a person with lived experience of disabilities; and
   (B)  a person who is the primary caretaker, such as a parent/guardian,
 adult child, sibling, or spouse, of someone with a disability; or
   (C) an established disability access advocate; and
   (v) a representative of the private sector or organization that  works
 with  the private sector to improve disability access in public accommo-
 dations such as mass transit, hospitality, and housing.
   3. The members of the commission shall serve at the  pleasure  of  the
 official making the appointment of such member. Appointing parties shall
 take  care  to  create  a diversity of experiences to the fullest extent
 practicable.
   4. The commission shall, within thirty days following the  appointment
 of all its members, elect a chairperson from among such members.
   §  3.  Duties  of  the  commission. 1. The commission shall agree on a
 meeting schedule of no less than once per quarter. Such  meetings  shall
 be held in a manner most convenient to its members.
   2.  (a)  Within  thirty  days  of  electing a chairperson, pursuant to
 subdivision four of section two of this act, the commission shall estab-
 lish an internet  portal  through  which  users  can  submit  a  digital
 complaint  form  about  public  accommodations  not  being accessible or
 accessibility features, such as ramps,  needing  repair.  A  chairperson
 need not yet be elected for work on such portal to commence. The commis-
 sion  shall design a complaint form to collect all necessary information
 regarding the location, nature, and purpose of the request, and  whether
 such  request  is  made regarding a business, such as a store or restau-
 rant, or a place of residence or accommodation,  such  as  a  public  or
 privately  owned apartment building or hotel. There shall be options for
 the user to add a description and photos of the non-compliance.
   (b) Such complaint form shall be short, all typeface shall  be  in  an
 easily  legible font and size, and the portal shall be available in both
 English and Spanish and accessible to those who are visually impaired.
   (c) Such complaint form shall not require the personal information  of
 the  user  but  shall send confirmation of the complaint's receipt to an
 e-mail address or telephone number, if provided. Such  e-mail  addresses
 or telephone numbers shall only be used for communications regarding the
 complaint submitted.
 A. 8772                             3
 
   (d)  The  commission may implement a procedure to increase the urgency
 of certain requests, such as access to  one's  home  being  impaired  by
 damage or disfunction of ramps or elevators.
   3.  The  commission shall investigate complaints submitted through the
 portal established in subdivision  two  of  this  section  in  a  timely
 manner.
   4.  The  commission shall conduct audits of public spaces and services
 to ensure compliance with local, state, and  federal  disability  access
 laws.
   §  4.  Authorities  of  the  commission.  1.  The commission is hereby
 authorized to:
   (a) conduct audits of public spaces to ensure compliance  with  local,
 state, and federal disability access laws;
   (b)  impose penalties for non-compliance, including mandates for reme-
 diation and fines, where appropriate;
   (c) conduct studies, inquiries, surveys, or analyses it may deem rele-
 vant for the accomplishment of its purposes in cooperation or by  agree-
 ment with any other public or private agency; and
   (d) conduct public or private hearings within the state.
   2.  Only  structures  and  public  accommodations which are subject to
 local, state, or federal accessibility laws and are not  subject  to  an
 exemption  are  under the jurisdiction of the commission. The commission
 shall not attempt to enforce compliance  on  privately  owned  homes  of
 which  the  complainant  or  person  needing accommodation is the owner,
 guest of the owner, or not otherwise entitled to accommodation, historic
 sites which are unable to be altered, or other  exempt  structures.  Any
 dispute  as to whether a structure is required to be accessible shall be
 raised through the appropriate channel under the Americans with disabil-
 ities act by the parties involved, not the commission.
   § 5. Compensation. Members of the commission shall receive no  compen-
 sation  for  their services but shall be allowed their actual and neces-
 sary expenses incurred in the performance of their duties hereunder.  To
 the maximum extent feasible, the commission shall be entitled to request
 and receive and shall utilize and  be  provided  with  such  facilities,
 resources,  and data of any department, division, board, bureau, commis-
 sion, or agency of the state or any political subdivision thereof as  it
 deems necessary or desirable to carry out properly its powers and duties
 hereunder.
   §  6.  Reporting.  The commission shall make a report of its findings,
 actions, and progress, including  any  recommendations  for  legislative
 action  as  it  may deem necessary and appropriate, to the governor, the
 temporary president of the senate, the  speaker  of  the  assembly,  the
 chairperson of the senate committee on disabilities, and the chairperson
 of  the  assembly committee on people with disabilities yearly, at mini-
 mum, beginning one year after this act shall have become a law.
   § 7. This act shall take effect immediately.