NY State Senate Bill 2019-S2774C

Senate Bill S2774C

2019-2020 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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 10, 2020	print number 2774c
Mar 10, 2020	amend and recommit to finance reported and committed to finance
Mar 05, 2020	print number 2774b
Mar 05, 2020	amend and recommit to ethics and internal governance
Jan 08, 2020	referred to ethics and internal governance
Jun 20, 2019	committed to rules
Mar 05, 2019	advanced to third reading
Mar 04, 2019	2nd report cal.
Feb 28, 2019	1st report cal.200
Feb 14, 2019	print number 2774a
Feb 14, 2019	amend and recommit to ethics and internal governance
Jan 29, 2019	referred to ethics and internal governance

Votes

- Mar 10, 2020 - Ethics And Internal Governance Committee Vote
  S2774C
  
  4
  
  Aye
  
  0
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Ethics And Internal Governance Committee Vote: Mar 10, 2020
      
      aye (4)
      
      Bailey
      
      Biaggi
      
      Breslin
      
      Stavisky
      
      aye wr (3)
      
      Jordan
      
      Lanza
      
      O'Mara
  Feb 28, 2019 - Ethics And Internal Governance Committee Vote
  S2774C
  
  5
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Ethics And Internal Governance Committee Vote: Feb 28, 2019
      
      aye (5)
      
      Bailey
      
      Biaggi
      
      Breslin
      
      Stavisky
      
      Young
      
      aye wr (2)
      
      Jordan
      
      Lanza

Bill Amendments

Original

C (Active)

2019-S2774 - Details

Current Committee:: Senate Finance
Law Section:: Public Officers Law
Laws Affected:: Amd §§74-a & 103, Pub Off L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S8129
2021-2022: S3430

2019-S2774 - 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.

2019-S2774 - Sponsor Memo

                                
 
BILL NUMBER: S2774

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 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:

S 8129 COMRIE Same as A 8158 Dickens

 
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, 2022.

2019-S2774 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2774
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 29, 2019
                                ___________
 
 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  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-TWO, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02919-01-9

 S. 2774                             2
 
 THE  HEARING  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.
   §  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-TWO,  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, 2022.

2019-S2774A - Details

Current Committee:: Senate Finance
Law Section:: Public Officers Law
Laws Affected:: Amd §§74-a & 103, Pub Off L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S8129
2021-2022: S3430

2019-S2774A - Summary

2019-S2774A - Sponsor Memo

                                
 
BILL NUMBER: S2774A

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
a new subdivision (c) to ensure the provision of interpreters at meet-

ings 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 body from the requirement
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 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.
The bill also includes certain exemptions

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

5. The meeting room holds less than 100 persons

 
PRIOR LEGISLATIVE HISTORY:

2017-18:  S.8129 | Comrie
04/06/18REFERRED TO FINANCE A.8158 | Dickens
06/01/17 referred to governmental operations
01/03/18 referred to governmental operations
03/06/18 reported referred to ways and means
05/22/18 reported
05/24/18 advanced to third reading cal.954
06/20/18 ordered to third reading rules cal.954
06/20/18 passed assembly
06/20/18 delivered to senate
06/20/18REFERRED TO RULES

 
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 January 1, 2022.

2019-S2774A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2774--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 29, 2019
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Ethics and Internal Gover-
   nance -- committee discharged,  bill  amended,  ordered  reprinted  as
   amended and recommitted to said committee
 
 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-TWO,  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02919-02-9

 S. 2774--A                          2
 
 THE DEAF OR HARD OF HEARING; 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.
   §  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-TWO,  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 January 1, 2022.

2019-S2774B - Details

Current Committee:: Senate Finance
Law Section:: Public Officers Law
Laws Affected:: Amd §§74-a & 103, Pub Off L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S8129
2021-2022: S3430

2019-S2774B - Summary

2019-S2774B - Sponsor Memo

                                
 
BILL NUMBER: S2774B

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

5. The meeting room holds less than 100 persons

 
PRIOR LEGISLATIVE HISTORY:

2017-18: S.8129 - Comrie/A.8158 - Dickens-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.

2019-S2774B - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2774--B
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 29, 2019
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Ethics and Internal Gover-
   nance -- committee discharged,  bill  amended,  ordered  reprinted  as
   amended  and  recommitted  to  said  committee  --  recommitted to the
   Committee on Ethics and Internal Governance in accordance with  Senate
   Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02919-05-0

 S. 2774--B                          2
 
   2.  (A)  ON  AND  AFTER  JANUARY  FIRST, TWO THOUSAND TWENTY-TWO, 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.
   (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.

2019-S2774C (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: Public Officers Law
Laws Affected:: Amd §§74-a & 103, Pub Off L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S8129
2021-2022: S3430

2019-S2774C (ACTIVE) - Summary

2019-S2774C (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2774c

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: 5.8129 - Comrie/A.8158 - Dick-
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.

2019-S2774C (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2774--C
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 29, 2019
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Ethics and Internal Gover-
   nance -- committee discharged,  bill  amended,  ordered  reprinted  as
   amended  and  recommitted  to  said  committee  --  recommitted to the
   Committee on Ethics and Internal Governance in accordance with  Senate
   Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to  said  committee  --  reported
   favorably  from  said  committee  and  committed  to  the Committee on
   Finance -- committee discharged, bill amended,  ordered  reprinted  as
   amended and recommitted to said committee
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02919-07-0

 S. 2774--C                          2
 
 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
 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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