S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8158
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 1, 2017
                                ___________
 
 Introduced  by M. of A. DICKENS -- read once and referred to the Commit-
   tee 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  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 TWENTY, 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 HEAR-
 ING IMPAIRED; 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.
              

                                                            LBD10634-01-7

 A. 8158                             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  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.
   (I) (1) ON AND AFTER JANUARY FIRST, TWO THOUSAND TWENTY, 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.
   § 3. This act shall take effect January 1, 2019.