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

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.