Assembly Bill A3588

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3588
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 28, 2025
                                ___________
 
 Introduced  by  M. of A. GONZALEZ-ROJAS -- read once and referred to the
   Committee on Governmental Operations
 
 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-EIGHT, 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
 THE  DEAF  OR  HARD OF HEARING; PROVIDED, HOWEVER, THAT SUCH ACTION DOES
 NOT IMPOSE AN UNDUE HARDSHIP ON THE PUBLIC BODY EQUIPPING SUCH ROOMS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06318-01-5
              

 A. 3588                             2
 
   (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-SIX, 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.