S T A T E O F N E W Y O R K
________________________________________________________________________
3805
2009-2010 Regular Sessions
I N S E N A T E
April 1, 2009
___________
Introduced by Sens. FLANAGAN, ALESI, DeFRANCISCO -- read twice and
ordered printed, and when printed to be committed to the Committee on
Finance
AN ACT to amend the public officers law, in relation to the accessibil-
ity of public hearings and meetings
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 74-a of the public officers law, as added by chap-
ter 368 of the laws of 1977, is amended to read as follows:
S 74-a. Duty of public officers regarding [the physically hand-
icapped] ACCESSIBILITY. It shall be the duty of each public officer
responsible for the scheduling or siting of any public hearing to make
reasonable efforts to ensure (A) that such hearings are held in facili-
ties that permit barrier-free physical access to the physically hand-
icapped, as defined in subdivision five of section fifty of the public
buildings law; AND (B) THAT SERVICES OF A QUALIFIED INTERPRETER, IF
AVAILABLE, ARE PROVIDED AT SUCH PUBLIC HEARINGS AT NO CHARGE TO PERSONS
WHO ARE HEARING IMPAIRED UPON WRITTEN REQUEST TO THE PUBLIC OFFICER
RESPONSIBLE FOR THE SCHEDULING OR SITING OF THE PUBLIC HEARING WITHIN A
REASONABLE TIME PRIOR TO SUCH HEARING. IF INTERPRETER SERVICES ARE
REQUESTED, THE PUBLIC OFFICER RESPONSIBLE FOR THE SCHEDULING OR SITING
OF THE PUBLIC HEARING SHALL ENGAGE THE SERVICES OF A QUALIFIED INTER-
PRETER, IF AVAILABLE, TO INTERPRET THE PROCEEDING TO, AND THE TESTIMONY
OF SUCH PERSONS WHO ARE HEARING IMPAIRED; PROVIDED, HOWEVER, THAT SUCH
ACTION DOES NOT IMPOSE AN UNDUE HARDSHIP ON THE PUBLIC BODY HOLDING SUCH
HEARING.
S 2. Section 103 of the public officers law is amended by adding a new
subdivision (d) to read as follows:
(D) PUBLIC BODIES SHALL MAKE OR CAUSE TO BE MADE ALL REASONABLE
EFFORTS TO ENSURE THAT SERVICES OF A QUALIFIED INTERPRETER, IF AVAIL-
ABLE, ARE PROVIDED AT MEETINGS AT NO CHARGE TO PERSONS WHO ARE HEARING
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00254-02-9
S. 3805 2
IMPAIRED UPON WRITTEN REQUEST TO THE PUBLIC BODY WITHIN A REASONABLE
TIME PRIOR TO SUCH MEETING. IF INTERPRETER SERVICES ARE REQUESTED, THE
PUBLIC BODY SHALL ENGAGE THE SERVICES OF A QUALIFIED INTERPRETER, IF
AVAILABLE, TO INTERPRET THE PROCEEDINGS OF THE MEETING; PROVIDED, HOWEV-
ER, THAT SUCH ACTION DOES NOT IMPOSE AN UNDUE HARDSHIP ON THE PUBLIC
BODY HOLDING SUCH MEETING.
S 3. This act shall take effect January 1, 2010.