NY State Senate Bill 2017-S8129

Senate Bill S8129

2017-2018 Legislative Session

Requires public officers and bodies to provide interpreters and assistive listening devices for the hearing impaired at public hearings under certain conditions

download bill text pdf

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 06, 2018	referred to finance

2017-S8129 (ACTIVE) - Details

See Assembly Version of this Bill:: A8158
Current Committee:: Senate Finance
Law Section:: Public Officers Law
Laws Affected:: Amd §§74-a & 103, Pub Off L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A2102
2011-2012: A1932
2013-2014: A2826
2015-2016: A1669
2019-2020: S2774, A3385
2021-2022: S3430, A3924
2023-2024: A4309
2025-2026: A3588

2017-S8129 (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; also requires installation and use of assistive listening devices.

2017-S8129 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8129            Revised 6/15/18

SPONSOR: COMRIE
 
TITLE OF BILL:  An act to amend the public officers law, in relation
to the accessibility of public hearings and meetings

 
PURPOSE OR GENERAL IDEA OF BILL:

To provide interpreters and assisted listening devices for deaf and
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 be made available upon request of a deaf indi-
vidual 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 a new subdivision (c) 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 for the public body to not have to provide the
services of an interpreter or assisted listening devices if such actions
pose an undue hardship on the public body.

 
JUSTIFICATION:

The services of interpreters, and assisted listening devices, for indi-
viduals who are deaf or hearing impaired are essential if such persons
are to fully participate in public hearings and meetings conducted by
governmental bodies. Similar provisions exist for administrative rule
making proceedings. Individuals who are deaf or hearing impaired who
wish to attend such should be afforded every opportunity possible to
fully engage with public bodies by participating at public hearings.
Provisions are included in this bill allowing the public body to not
have to engage in the services of a qualified interpreter, or provide
assisted listening devices if doing so presents an undue hardship.

 
PRIOR LEGISLATIVE HISTORY:

2015-2016: A.1669A - Passed Assembly
2013-2014: A.2826 - Passed Assembly

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

Minor costs associated with the hiring of interpreters on a meeting per
meeting basis, and with equipping hearing rooms with assisted listening
devices.

 
EFFECTIVE DATE:
This act shall take effect January 1, 2019.

2017-S8129 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8129
 
                             I N  S E N A T E
 
                               April 6, 2018
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 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.
   (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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD10634-01-7

 S. 8129                             2
 
 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.

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