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S04042 Summary:

BILL NOS04042B
 
SAME ASSAME AS A06219-B
 
SPONSORHARCKHAM
 
COSPNSRADDABBO, ASHBY, HINCHEY, LIU, MARTINEZ, MARTINS, MAY, RHOADS, ROLISON, SCARCELLA-SPANTON, WEBB, WEBER
 
MLTSPNSR
 
Add §79-r, Civ Rts L; add §148, Pub Bldg L
 
Provides for adult changing tables to be placed within an enclosed restroom facility or other similar private facility that is for use by persons with disabilities who need help with diapering at commercial places of public amusement and state-owned buildings open to the public.
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S04042 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4042--B
            Cal. No. 1049
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                    January 31, 2025
                                       ___________
 
        Introduced  by  Sens.  HARCKHAM, ADDABBO, ASHBY, HINCHEY, LIU, MARTINEZ,
          MARTINS, MAY, RHOADS, ROLISON, SCARCELLA-SPANTON, WEBB, WEBER --  read
          twice  and  ordered  printed,  and when printed to be committed to the
          Committee on Disabilities -- recommitted to the Committee on Disabili-
          ties in accordance with Senate Rule 6, sec. 8 -- committee discharged,
          bill amended, ordered reprinted as amended  and  recommitted  to  said
          committee  --  reported favorably from said committee and committed to
          the Committee on Finance -- reported favorably  from  said  committee,
          ordered to first and second report, ordered to a third reading, passed
          by  Senate and delivered to the Assembly, recalled, vote reconsidered,
          restored to third reading, amended and  ordered  reprinted,  retaining
          its place in the order of third reading
 
        AN  ACT  to  amend the civil rights law and the public buildings law, in
          relation to enacting the "traveling with dignity act"
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Short  title. This act shall be known and may be cited as
     2  the "traveling with dignity act".
     3    § 2. The civil rights law is amended by adding a new section  79-r  to
     4  read as follows:
     5    §  79-r.  Adult changing accommodations.   1. As used in this section,
     6  the following terms shall have the following meanings:
     7    (a) "Adult changing accommodation"  means  a  height-adjustable  adult
     8  changing  table  that  is  for use by persons with disabilities who need
     9  help with diapering.
    10    (b) "Covered facility" means a commercial place of  public  amusement,
    11  including  auditoriums,  theatres, convention centers, exhibition halls,
    12  permanent amusement parks, and sports  arenas,  for  which  the  maximum
    13  occupancy is determined to be two thousand five hundred or more people.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08285-05-6

        S. 4042--B                          2
 
     1    (c) "Disability" shall have the same meaning as provided for in subdi-
     2  vision  twenty-one  of  section  two hundred ninety-two of the executive
     3  law.
     4    2.  A  person, private firm, organization, or corporation that owns or
     5  manages a covered facility shall install and maintain at least one adult
     6  changing accommodation for persons with a physical  disability  that  is
     7  accessible to individuals of any gender when the facility is open to the
     8  public,  and shall ensure that such bathroom shall be clearly designated
     9  by the posting of such on or near the entry door of each bathroom,  and,
    10  if  the  facility has a central directory, shall ensure that the central
    11  directory indicates the location of the  adult  changing  accommodation,
    12  provided that:
    13    (a)  Covered  facilities  newly constructed on or after January first,
    14  two thousand twenty-seven shall  comply  with  the  provisions  of  this
    15  section at the time of construction;
    16    (b)  Existing  covered facilities renovated on or after January first,
    17  two thousand twenty-seven, shall comply  with  the  provisions  of  this
    18  section at the time of renovation; and
    19    (c)  Any  other  existing  covered  facility  shall  comply  with  the
    20  provisions of this section no later than  January  first,  two  thousand
    21  thirty-six.
    22    3.  The  commissioner  of  the  office of general services, in collab-
    23  oration with the chief disability officer, shall promulgate  regulations
    24  in  order to effectuate the requirements of this section, including, but
    25  not limited to, specifications regarding the dimensions  of  such  adult
    26  changing accommodations.
    27    4.  The  commissioner  of  the office of general services may grant an
    28  exemption from the requirements of  this  section  if  the  commissioner
    29  determines that:
    30    (a) installation of an adult changing accommodation is not feasible;
    31    (b) installation would result in noncompliance with the Americans with
    32  Disabilities Act or any other applicable accessibility standards;
    33    (c)  the total cost of the construction or renovation project does not
    34  exceed twenty thousand dollars; or
    35    (d) installation would destroy the historic significance of a historic
    36  property.
    37    § 3. The public buildings law is amended by adding a new  section  148
    38  to read as follows:
    39    § 148. Adult changing accommodations. 1. As used in this section:
    40    (a)  "state agency" means any state department, office, board, bureau,
    41  commission,   agency,   or   any  public  authority  or  public  benefit
    42  corporation at least one of whose members is appointed by the governor;
    43    (b)  "state-owned building" means any building owned by a state agency
    44  used for official state business;
    45    (c) "single-occupancy bathroom" means a bathroom intended for  use  by
    46  no  more   than one occupant at a time or for family or assisted use and
    47  which has a door for entry into and egress from the bathroom that may be
    48  locked by the occupant to ensure privacy and security; and
    49    (d) "adult changing accommodation"  means  a  height-adjustable  adult
    50  changing  table  that  is  for use by persons with disabilities who need
    51  help with diapering.
    52    2. Each state agency  shall  ensure  that  all  state-owned  buildings
    53  determined  by  the commissioner of the office of general services to be
    54  regularly open to, or utilized by, the general public with a maximum  of
    55  occupancy of not less than two thousand five hundred shall have at least
    56  one  single-occupancy  bathroom  in such building with an adult changing

        S. 4042--B                          3
 
     1  accommodation by January first,  two  thousand  thirty-seven,  provided,
     2  however,  that  in  such instances in which the fire code does not set a
     3  maximum occupancy of a state-owned building,  the  commissioner  of  the
     4  office  of  general services shall have the discretion to determine that
     5  it is in the public interest to require that such  state-owned  building
     6  shall be subject to the requirements of this section.
     7    3.  The  commissioner  of  the  office of general services, in collab-
     8  oration with the chief disability officer, shall promulgate  regulations
     9  in  order to effectuate the requirements of this section, including, but
    10  not limited to, specifications regarding the dimensions  of  such  adult
    11  changing accommodations.
    12    4.  The  commissioner  of  the office of general services may grant an
    13  exemption from the requirements of  this  section  if  the  commissioner
    14  determines that:
    15    (a) installation of an adult changing accommodation is not feasible;
    16    (b) installation would result in noncompliance with the Americans with
    17  Disabilities Act or any other applicable accessibility standards;
    18    (c)  the total cost of the construction or renovation project does not
    19  exceed twenty thousand dollars;
    20    (d) installation would destroy the historic significance of a historic
    21  property; or
    22    (e) the building or facility is not regularly open to, or utilized by,
    23  the general public.
    24    § 4. This act shall take effect immediately and  shall  apply  to  all
    25  public  works  bids  and  contracts solicited on or after such effective
    26  date; provided, however, this  act  shall  not  apply  retroactively  to
    27  previously  issued or existing public works contracts, with the state or
    28  any municipal corporation, public benefit corporation, or public body.
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