Bill Text: NY S06392 | 2011-2012 | General Assembly | Introduced
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 1-0)
Status: (Introduced - Dead) 2012-02-03 - REFERRED TO ENERGY AND TELECOMMUNICATIONS [S06392 Detail]
Download: New_York-2011-S06392-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 6392 I N S E N A T E February 3, 2012 ___________ Introduced by Sen. PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Energy and Telecommuni- cations 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- 27 UALS FROM A MULTI-STATE SERVICE CENTER, USING HIGH-SPEED COMPUTERS AND EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14271-01-2 S. 6392 2 1 TELECOMMUNICATIONS TECHNOLOGY FOR INTERSTATE ACQUISITION OF CONTENT AND 2 RAPID DISTRIBUTION IN A FORM APPROPRIATE FOR USE BY SUCH INDIVIDUALS; 3 (B) "BLIND AND DISABLED PERSONS" MEANS THOSE INDIVIDUALS WHO ARE 4 ELIGIBLE FOR LIBRARY LOAN SERVICES THROUGH THE LIBRARY OF CONGRESS AND 5 THE STATE LIBRARY FOR THE BLIND AND PHYSICALLY HANDICAPPED PURSUANT TO 6 36 CFR 701.10(B); 7 (C) "DIRECTOR" MEANS THE DIRECTOR OF THE SELECTED NOT-FOR-PROFIT ENTI- 8 TY; 9 (D) "QUALIFIED ENTITY" MEANS A NOT-FOR-PROFIT ENTITY WITHIN THIS STATE 10 CAPABLE OF PROVIDING ACCESSIBLE ELECTRONIC INFORMATION SERVICES WHICH: 11 (I) PROVIDES INTERSTATE ACCESS FOR ELIGIBLE PERSONS TO READ DAILY 12 NEWSPAPERS PRODUCING AUDIO EDITIONS BY COMPUTER, AND 13 (II) PROVIDES A MEANS OF PROGRAM ADMINISTRATION AND READER REGISTRA- 14 TION ON THE INTERNET. 15 S 4. The state finance law is amended by adding a new section 99-u to 16 read as follows: 17 S 99-U. ACCESSIBLE ELECTRONIC INFORMATION SERVICE FUND. 1. THERE IS 18 HEREBY ESTABLISHED IN THE CUSTODY OF THE STATE COMPTROLLER A SPECIAL 19 REVENUE FUND TO BE KNOWN AS THE "ACCESSIBLE ELECTRONIC INFORMATION 20 SERVICE FUND". 21 2. FUNDING FOR THE ACCESSIBLE ELECTRONIC INFORMATION SERVICE FUND 22 SHALL BE OBTAINED FROM: 23 A. THE TARGETED ACCESSIBILITY FUND, INC., ESTABLISHED BY THE PUBLIC 24 SERVICE COMMISSION IN ITS "ORDER AND OPINION 98-10" IN AN AMOUNT DEEMED 25 APPROPRIATE FOR THE PURPOSE OF PROVIDING ELECTRONIC DISTRIBUTION OF 26 NEWSPAPERS, PERIODICALS, TIME SENSITIVE MATERIALS, AND OTHER INFORMATION 27 WHICH MAY BE OF BENEFIT TO THE COMMUNITY; AND 28 B. THE NEW YORK STATE COMMISSION FOR THE BLIND IN AN AMOUNT DEEMED 29 APPROPRIATE BY THE COMMISSIONER FOR PROVIDING ELECTRONIC DISTRIBUTION OF 30 NEWSPAPERS, PERIODICALS, TIME SENSITIVE MATERIALS, AND OTHER INFORMATION 31 WHICH MAY BE OF BENEFIT TO THE COMMUNITY. 32 3. NOTHING CONTAINED IN THIS SECTION SHALL PREVENT THE STATE FROM 33 RECEIVING GRANTS, GIFTS OR BEQUESTS AND DEPOSITING THEM INTO THE ACCES- 34 SIBLE ELECTRONIC INFORMATION SERVICE FUND ACCORDING TO LAW. 35 4. THE ACCESSIBLE ELECTRONIC INFORMATION SERVICE FUND SHALL BE ADMIN- 36 ISTERED BY THE PUBLIC SERVICE COMMISSION, IN CONSULTATION WITH THE 37 DIRECTOR AND THE COMMISSIONER, IN ACCORDANCE WITH THIS SECTION. 38 5. THE PUBLIC SERVICE COMMISSION SHALL REQUIRE COMPANIES WHO PROVIDE 39 TELECOMMUNICATION SERVICES TO BLIND AND DISABLED PERSONS, AS DEFINED IN 40 PARAGRAPH (B) OF SUBDIVISION TWO OF SECTION NINETY-TWO-G OF THE PUBLIC 41 SERVICE LAW, INCLUDING BUT NOT LIMITED TO, CERTIFIED TELECOMMUNICATION 42 CARRIERS, CABLE TELEVISION COMPANIES THAT OFFER TELEPHONE SERVICE, AND 43 OTHER COMPANIES THE PUBLIC SERVICE COMMISSION DEEMS TO BE A PROVIDER OF 44 TELECOMMUNICATION SERVICES, TO CONTRIBUTE TO THE TARGETED ACCESSIBILITY 45 FUND, INC. FOR THE PURPOSE OF INCREASING FUNDING TO COMPLY WITH PARA- 46 GRAPH (A) OF SUBDIVISION TWO OF THIS SECTION. 47 S 5. This act shall take effect on the ninetieth day after it shall 48 have become a law; provided, however, that effective immediately, the 49 addition, amendment and/or repeal of any rule or regulation necessary 50 for the implementation of this act on its effective date is authorized 51 and directed to be made and completed on or before such effective date.