S T A T E   O F   N E W   Y O R K
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                                 1669--A
                                                        Cal. No. 231

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2015
                               ___________

Introduced by M. of A. WRIGHT, RODRIGUEZ, PERRY -- Multi-Sponsored by --
  M.  of  A.    FARRELL  --  read  once and referred to the Committee on
  Governmental Operations -- reported and referred to the  Committee  on
  Ways  and  Means  --  advanced 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:
  S 74-a.   Duty of public  officers  regarding  [the  physically  hand-
icapped]  ACCESSIBILITY.  1. 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.
  2.  (A) ON AND AFTER JANUARY FIRST, TWO THOUSAND EIGHTEEN, 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD05014-02-5

A. 1669--A                          2

HUNDRED  PERSONS WITH AN ASSISTIVE LISTENING SYSTEM FOR USE BY THE HEAR-
ING IMPAIRED; 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.
  S  2.  Subdivision  (d)  of section 103 of the public officers law, as
added by chapter 40 of the laws of 2010, is relettered  subdivision  (f)
and two new subdivisions (g) and (h) are added to read as follows:
  (G)  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
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.
  (H) (1) ON AND AFTER JANUARY  FIRST,  TWO  THOUSAND  EIGHTEEN,  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 HEARING IMPAIRED; 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.
  S 3. This act shall take effect January 1, 2017.