Assembly Bill A3385A

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3385--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 29, 2019
                                ___________
 
 Introduced  by M. of A. DICKENS -- read once and referred to the Commit-
   tee on Governmental Operations -- committee discharged, bill  amended,
   ordered reprinted as amended and recommitted to said committee
 
 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:
   § 74-a. Duty of public officers regarding [the physically handicapped]
 ACCESSIBILITY.  1. It shall be the duty of each public officer responsi-
 ble for the scheduling or siting of any public hearing to  make  reason-
 able  efforts  to  ensure  (A) that such hearings are held in facilities
 that permit barrier-free physical access to the physically  handicapped,
 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 DEAF OR
 HARD OF HEARING 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 INTERPRETER, IF  AVAIL-
 ABLE,  TO INTERPRET THE PROCEEDING TO, AND THE TESTIMONY OF SUCH PERSONS
 WHO ARE DEAF OR HARD OF HEARING; PROVIDED,  HOWEVER,  THAT  SUCH  ACTION
 DOES  NOT IMPOSE AN UNDUE HARDSHIP ON THE PUBLIC BODY HOLDING SUCH HEAR-
 ING.
   2. (A) ON AND AFTER  JANUARY  FIRST,  TWO  THOUSAND  TWENTY-TWO,  SUCH
 PUBLIC  OFFICERS  SHALL  HAVE THE POWER AND IT SHALL BE THEIR INDIVIDUAL
 DUTY TO EQUIP ANY ROOMS USED FOR PUBLIC HEARINGS WHICH ACCOMMODATE  MORE
 THAN  ONE  HUNDRED PERSONS WITH AN ASSISTIVE LISTENING SYSTEM FOR USE BY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02919-03-9
              

 A. 3385--A                          2
 
 THE DEAF OR HARD OF HEARING; PROVIDED, HOWEVER, THAT  SUCH  ACTION  DOES
 NOT IMPOSE AN UNDUE HARDSHIP ON THE PUBLIC BODY EQUIPPING SUCH ROOMS.
   (B)  FOR  PURPOSES  OF THIS SUBDIVISION, THE TERM "ASSISTIVE LISTENING
 SYSTEM" SHALL MEAN SITUATIONAL-PERSONAL ACOUSTIC COMMUNICATION EQUIPMENT
 DESIGNED TO IMPROVE THE TRANSMISSION AND AUDITORY  RECEPTION  OF  SOUND.
 SUCH  SYSTEM  SHALL  INCLUDE  BUT  NOT BE LIMITED TO THE USE OF STANDARD
 AMPLITUDE MODULATION (AM), FREQUENCY MODULATION  (FM),  AUDIO  INDUCTION
 LOOP, INFRARED LIGHT SOUND, OR HARD WIRE SYSTEMS.
   §  2.  Subdivision  (d)  of section 103 of the public officers law, as
 added by chapter 40 of the laws of 2010, is relettered  subdivision  (g)
 and two new subdivisions (h) and (i) are added to read as follows:
   (H)  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 DEAF OR
 HARD OF HEARING UPON WRITTEN REQUEST TO THE PUBLIC BODY WITHIN A REASON-
 ABLE 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.
   (I) (1) ON AND AFTER JANUARY FIRST, TWO  THOUSAND  TWENTY-TWO,  PUBLIC
 BODIES  SHALL  HAVE  THE  POWER AND IT SHALL BE THEIR COLLECTIVE DUTY TO
 EQUIP MEETING ROOMS WHICH ACCOMMODATE MORE THAN ONE HUNDRED PERSONS WITH
 AN ASSISTIVE LISTENING SYSTEM FOR USE BY THE DEAF OR  HARD  OF  HEARING;
 PROVIDED, HOWEVER, THAT SUCH ACTION DOES NOT IMPOSE AN UNDUE HARDSHIP ON
 THE PUBLIC BODY EQUIPPING SUCH ROOMS.
   (2)  FOR  PURPOSES  OF  THIS  SECTION,  THE  TERM "ASSISTIVE LISTENING
 SYSTEM" SHALL MEAN SITUATIONAL-PERSONAL ACOUSTIC COMMUNICATION EQUIPMENT
 DESIGNED TO IMPROVE THE TRANSMISSION AND AUDITORY  RECEPTION  OF  SOUND.
 SUCH  SYSTEM  SHALL  INCLUDE  BUT  NOT BE LIMITED TO THE USE OF STANDARD
 AMPLITUDE MODULATION (AM), FREQUENCY MODULATION  (FM),  AUDIO  INDUCTION
 LOOP, INFRARED LIGHT SOUND, OR HARD WIRE SYSTEMS.
   § 3. This act shall take effect January 1, 2022.