S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3924--A
                                                         Cal. No. 133
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 29, 2021
                                ___________
 
 Introduced by M. of A. DICKENS, FALL, SANTABARBARA, SEAWRIGHT, JACOBSON,
   MEEKS, GOTTFRIED -- read once and referred to the Committee on Govern-
   mental  Operations  -- ordered to a third reading, amended and ordered
   reprinted, retaining its place on the order of third reading

 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-FIVE, 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.
              

                                                            LBD03709-06-2
 A. 3924--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-THREE,  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 on the first of January next succeed-
 ing the date on which it shall have become a law.