NY State Senate Bill S3430

Current Bill Status - On Floor Calendar

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
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Actions

view actions (4)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 24, 2021	advanced to third reading
Feb 23, 2021	2nd report cal.
Feb 22, 2021	1st report cal.395
Jan 29, 2021	referred to ethics and internal governance

Votes

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Feb 22, 2021 - Ethics and Internal Governance committee Vote

S3430

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

show Ethics and Internal Governance committee vote details

Ethics and Internal Governance Committee Vote: Feb 22, 2021

aye (6)

aye wr (1)

Lanza

S3430 (ACTIVE) - Details

Law Section:: Public Officers Law
Laws Affected:: Amd §§74-a & 103, Pub Off L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S8129
2019-2020: S2774

S3430 (ACTIVE) - Summary

Requires public officers and public bodies to make reasonable efforts to provide qualified interpreters at no charge for the hearing impaired at public meetings and hearings upon written request to the public officer responsible for the siting of such hearing; requires installation and use of assistive listening devices.

S3430 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S3430

SPONSOR: COMRIE
 
TITLE OF BILL:

An act to amend the public officers law, in relation to the accessibil-
ity of public hearings and meetings

 
PURPOSE OR GENERAL IDEA OF BILL:

To provide interpreters and assisted listening devices for deaf or hard
of hearing impaired individuals at public hearings and meetings.

 
SUMMARY OF SPECIFIC PROVISIONS:

Amends section 74-a of the Public Officers Law requiring the services of
interpreters for the deaf or hard of hearing be made available upon
request of a deaf or hard of hearing individual at public hearings, as
well as requiring certain hearing rooms to be equipped with assisted
listening devices. Amends section 103 of the Public Officers Law adding
new subdivisions to ensure the provision of interpreters at meetings

conducted by public bodies, as well as requiring certain hearing rooms
to be equipped with assisted listening devices.

Provisions are included to exempt the public bodies from the requirement
to provide the services of an interpreter or assisted listening devices
if such actions pose an undue hardship.

 
JUSTIFICATION:

The services of interpreters, and assisted listening devices, for indi-
viduals who are deaf or hard of hearing are essential if such persons
are to fully participate in public hearings and meetings conducted by
governmental bodies. Similar provisions already exist for administrative
rule making proceedings. Individuals who are deaf or hard of hearing who
wish to attend and participate at such public hearings and meetings such
should be afforded every opportunity possible to fully engage consistent
with their constitutional rights of free speech and equal protection.

Additionally, this bill is reasonably drafted and does not require a
hard mandate on local governments; to wit, at least 5 exemptions exist
for localities if such services:

1. Represent an undue hardship

2. Such services are not requested within a reasonable time

3. Such services are not requested in writing

4. Such services are not available S. The meeting room holds less than
100 persons

 
PRIOR LEGISLATIVE HISTORY:  2017-18: S.8129 - Comrie/A.8158 7 pick-
ens-Passed Assembly.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

Minor costs associated with the hiring of interpreters on a per meeting
basis, and with equipping hearing rooms with assisted listening devices.
 
EFFECTIVE DATE:
This act shall take effect immediately.

S3430 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3430
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 29, 2021
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Ethics and Internal Gover-
   nance
 
 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) SUCH PUBLIC OFFICERS SHALL HAVE THE POWER AND IT SHALL BE THEIR
 INDIVIDUAL DUTY TO EQUIP ANY ROOMS USED FOR PUBLIC HEARINGS WHICH ACCOM-
 MODATE  MORE THAN ONE HUNDRED PERSONS WITH AN ASSISTIVE LISTENING SYSTEM
 FOR USE BY THE DEAF OR HARD OF HEARING;  PROVIDED,  HOWEVER,  THAT  SUCH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03709-02-1

 S. 3430                             2
 
 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) 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 immediately.

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The New York State Senate

senate Bill S3430

Sponsored By

Current Bill Status - On Floor Calendar

Your Voice

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Votes

Feb 22, 2021 - Ethics and Internal Governance committee Vote

Ethics and Internal Governance Committee Vote: Feb 22, 2021

S3430 (ACTIVE) - Details

S3430 (ACTIVE) - Summary

S3430 (ACTIVE) - Sponsor Memo

S3430 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S3430

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Sponsored By

Leroy Comrie

Current Bill Status - On Floor Calendar

Your Voice

Actions

Votes

Feb 22, 2021 - Ethics and Internal Governance committee Vote

Ethics and Internal Governance Committee Vote: Feb 22, 2021

S3430 (ACTIVE) - Details

S3430 (ACTIVE) - Summary

S3430 (ACTIVE) - Sponsor Memo

S3430 (ACTIVE) - Bill Text download pdf

Comments