Bill Text: NY A09233 | 2011-2012 | General Assembly | Introduced

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Bill Title: Enacts the accessible electronic information act for blind and disabled persons; creates a new fund in the state finance law.

Spectrum: Partisan Bill (Democrat 15-0)

Status: (Introduced - Dead) 2012-02-07 - referred to corporations, authorities and commissions [A09233 Detail]

Download: New_York-2011-A09233-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         9233
                                 I N  A S S E M B L Y
                                   February 7, 2012
                                      ___________
       Introduced  by  M.  of  A.  PRETLOW,  WRIGHT, PERRY, ROSENTHAL, KELLNER,
         ORTIZ, MILLMAN -- Multi-Sponsored by -- M. of A.  BRENNAN,  DenDEKKER,
         LUPARDO, MAISEL, MARKEY, McENENY, WEISENBERG -- read once and referred
         to the Committee on Corporations, Authorities and Commissions
       AN  ACT  to  amend  the public service law and the state finance law, in
         relation to enacting the accessible electronic information act
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Short title.  This act shall be known and may be cited as
    2  the "accessible electronic information act".
    3    S 2. Legislative finding. The National Federation of the Blind  estab-
    4  lished  the  NFB-NEWSLINE  to  increase the ability of visually impaired
    5  individuals to receive information provided  by  newspapers,  magazines,
    6  journals  and other print media which are traditionally unavailable in a
    7  limited  electronic  broadcast.  Since  2002,  this  vital  service  has
    8  provided visually impaired New Yorkers with information on job listings,
    9  self-help magazines, do-it-yourself guides, political magazines, several
   10  newspapers,  TV  guide listings, and other literary necessities that all
   11  sighted New Yorkers have enjoyed. This  legislation  provides  a  stable
   12  means to bring NEWSLINE to New York.
   13    S 3. The public service law is amended by adding a new section 92-g to
   14  read as follows:
   15    S 92-G. ACCESSIBLE ELECTRONIC INFORMATION; BLIND AND DISABLED PERSONS.
   16  1.  A  QUALIFIED NOT-FOR-PROFIT ENTITY CAPABLE OF PROVIDING SUCH SERVICE
   17  SHALL PROVIDE AN ACCESSIBLE ELECTRONIC INFORMATION SERVICE FOR  ELIGIBLE
   18  BLIND  AND DISABLED PERSONS. THIS SERVICE SHALL BE PLANNED FOR CONTINUA-
   19  TION FROM YEAR TO YEAR AND MAKE MAXIMUM USE OF FEDERAL,  STATE,  PRIVATE
   20  AND  OTHER FUNDS AVAILABLE, INCLUDING OBTAINING GRANT OR IN-KIND SUPPORT
   21  FROM APPROPRIATE PROGRAMS AND SECURING  ACCESS  TO  LOW-COST  INTERSTATE
   22  RATES FOR TELECOMMUNICATIONS BY REIMBURSEMENT OR OTHERWISE.
   23    2. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
   24  ING MEANINGS, UNLESS OTHERWISE INDICATED:
   25    (A)  "ACCESSIBLE  ELECTRONIC INFORMATION SERVICE" MEANS NEWS AND OTHER
   26  TIMELY INFORMATION (INCLUDING NEWSPAPERS) PROVIDED TO ELIGIBLE  INDIVID-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14271-01-2
       A. 9233                             2
    1  UALS  FROM  A MULTI-STATE SERVICE CENTER, USING HIGH-SPEED COMPUTERS AND
    2  TELECOMMUNICATIONS TECHNOLOGY FOR INTERSTATE ACQUISITION OF CONTENT  AND
    3  RAPID DISTRIBUTION IN A FORM APPROPRIATE FOR USE BY SUCH INDIVIDUALS;
    4    (B)  "BLIND  AND  DISABLED  PERSONS"  MEANS  THOSE INDIVIDUALS WHO ARE
    5  ELIGIBLE FOR LIBRARY LOAN SERVICES THROUGH THE LIBRARY OF  CONGRESS  AND
    6  THE  STATE  LIBRARY FOR THE BLIND AND PHYSICALLY HANDICAPPED PURSUANT TO
    7  36 CFR 701.10(B);
    8    (C) "DIRECTOR" MEANS THE DIRECTOR OF THE SELECTED NOT-FOR-PROFIT ENTI-
    9  TY;
   10    (D) "QUALIFIED ENTITY" MEANS A NOT-FOR-PROFIT ENTITY WITHIN THIS STATE
   11  CAPABLE OF PROVIDING ACCESSIBLE ELECTRONIC INFORMATION SERVICES WHICH:
   12    (I) PROVIDES INTERSTATE ACCESS FOR  ELIGIBLE  PERSONS  TO  READ  DAILY
   13  NEWSPAPERS PRODUCING AUDIO EDITIONS BY COMPUTER, AND
   14    (II)  PROVIDES  A MEANS OF PROGRAM ADMINISTRATION AND READER REGISTRA-
   15  TION ON THE INTERNET.
   16    S 4. The state finance law is amended by adding a new section 99-u  to
   17  read as follows:
   18    S  99-U.  ACCESSIBLE ELECTRONIC INFORMATION SERVICE FUND.  1. THERE IS
   19  HEREBY ESTABLISHED IN THE CUSTODY OF THE  STATE  COMPTROLLER  A  SPECIAL
   20  REVENUE  FUND  TO  BE  KNOWN  AS  THE "ACCESSIBLE ELECTRONIC INFORMATION
   21  SERVICE FUND".
   22    2. FUNDING FOR THE  ACCESSIBLE  ELECTRONIC  INFORMATION  SERVICE  FUND
   23  SHALL BE OBTAINED FROM:
   24    A.  THE  TARGETED  ACCESSIBILITY FUND, INC., ESTABLISHED BY THE PUBLIC
   25  SERVICE COMMISSION IN ITS "ORDER AND OPINION 98-10" IN AN AMOUNT  DEEMED
   26  APPROPRIATE  FOR  THE  PURPOSE  OF  PROVIDING ELECTRONIC DISTRIBUTION OF
   27  NEWSPAPERS, PERIODICALS, TIME SENSITIVE MATERIALS, AND OTHER INFORMATION
   28  WHICH MAY BE OF BENEFIT TO THE COMMUNITY; AND
   29    B. THE NEW YORK STATE COMMISSION FOR THE BLIND  IN  AN  AMOUNT  DEEMED
   30  APPROPRIATE BY THE COMMISSIONER FOR PROVIDING ELECTRONIC DISTRIBUTION OF
   31  NEWSPAPERS, PERIODICALS, TIME SENSITIVE MATERIALS, AND OTHER INFORMATION
   32  WHICH MAY BE OF BENEFIT TO THE COMMUNITY.
   33    3.  NOTHING  CONTAINED  IN  THIS  SECTION SHALL PREVENT THE STATE FROM
   34  RECEIVING GRANTS, GIFTS OR BEQUESTS AND DEPOSITING THEM INTO THE  ACCES-
   35  SIBLE ELECTRONIC INFORMATION SERVICE FUND ACCORDING TO LAW.
   36    4.  THE ACCESSIBLE ELECTRONIC INFORMATION SERVICE FUND SHALL BE ADMIN-
   37  ISTERED BY THE PUBLIC  SERVICE  COMMISSION,  IN  CONSULTATION  WITH  THE
   38  DIRECTOR AND THE COMMISSIONER, IN ACCORDANCE WITH THIS SECTION.
   39    5.  THE  PUBLIC SERVICE COMMISSION SHALL REQUIRE COMPANIES WHO PROVIDE
   40  TELECOMMUNICATION SERVICES TO BLIND AND DISABLED PERSONS, AS DEFINED  IN
   41  PARAGRAPH  (B)  OF SUBDIVISION TWO OF SECTION NINETY-TWO-G OF THE PUBLIC
   42  SERVICE LAW, INCLUDING BUT NOT LIMITED TO,  CERTIFIED  TELECOMMUNICATION
   43  CARRIERS,  CABLE  TELEVISION COMPANIES THAT OFFER TELEPHONE SERVICE, AND
   44  OTHER COMPANIES THE PUBLIC SERVICE COMMISSION DEEMS TO BE A PROVIDER  OF
   45  TELECOMMUNICATION  SERVICES, TO CONTRIBUTE TO THE TARGETED ACCESSIBILITY
   46  FUND, INC. FOR THE PURPOSE OF INCREASING FUNDING TO  COMPLY  WITH  PARA-
   47  GRAPH (A) OF SUBDIVISION TWO OF THIS SECTION.
   48    S  5.  This  act shall take effect on the ninetieth day after it shall
   49  have become a law; provided, however, that  effective  immediately,  the
   50  addition,  amendment  and/or  repeal of any rule or regulation necessary
   51  for the implementation of this act on its effective date  is  authorized
   52  and directed to be made and completed on or before such effective date.