Senate Bill S2615

2009-2010 Legislative Session

Enacts the accessible electronic information act for blind and disabled persons; creates a new fund in the state finance law; authorizes a NFP to administer the program

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

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 14, 2010	print number 2615b
May 14, 2010	amend and recommit to finance
May 03, 2010	notice of committee consideration - requested
Feb 08, 2010	print number 2615a
Feb 08, 2010	amend and recommit to finance
Feb 02, 2010	reported and committed to finance
Jan 06, 2010	referred to energy and telecommunications
Feb 25, 2009	referred to energy and telecommunications

Votes

- Feb 2, 2010 - Energy And Telecommunications Committee Vote
  S2615
  
  Aye
  
  10
  
  Nay
  
  1
  
  Aye with Reservations
  
  2
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Energy And Telecommunications Committee Vote: Feb 2, 2010
      
      aye (10)
      
      Adams
      
      Aubertine
      
      Griffo
      
      Kruger
      
      Maziarz
      
      Monserrate
      
      Onorato
      
      Parker
      
      Schneiderman
      
      Valesky
      
      nay (1)
      
      Little
      
      aye wr (2)
      
      Alesi
      
      Nozzolio

Bill Amendments

Original

B (Active)

co-Sponsors

2009-S2615 - Details

Current Committee:: Senate Finance
Law Section:: Public Service Law
Laws Affected:: Add §92-g, Pub Serv L; add §99-r, St Fin L
Versions Introduced in 2011-2012 Legislative Session:: S1053

2009-S2615 - Summary

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

2009-S2615 - Sponsor Memo

                                 BILL NUMBER:  S2615

 TITLE OF BILL :
An act to amend the public service law and the state finance law, in
relation to enacting the accessible electronic information act


 PURPOSE OR GENERAL IDEA OF BILL :
Thousands of citizens in New York have disabilities (including
blindness or visual impairment) that prevent them from using
conventional print material. The state fulfills an important duty by
providing books and magazines prepared in Braille, audio, and
large-type formats made available to eligible blind and disabled
persons. The technology, transcription methods, and means of
distribution used for these materials are labor intensive and cannot
support rapid dissemination to individuals in rural and urban areas
throughout the state. Lack of direct and prompt access to information
included in newspapers, magazines, newsletters, schedules,
announcements, and other time-sensitive materials, limits educational
opportunities, and full participation in society by blind and disabled
persons.  This constraint can best be overcome through use of
high-speed computer and telecommunication technology, combined with
customized software, providing a practical and cost-effective means to
convert electronic text-based information into synthetic speech
suitable for statewide distribution with modem telecommunication
technology. Low cost interstate telecommunication rates make

distribution of electronic text-based information to eligible users
both efficient and cost effective for the state. Federal funds have
been used to develop the technology and infrastructure needed for
statewide toll-free access to daily newspapers and other timely
information of local, state, and national interest through a service
known as NFB-NEWSLINE, providing an efficient and cost-effective means
of reader registration, content acquisitions, and interstate
telecommunications support. Use of this accessible electronic
information service will improve the state's current efforts to meet
the needs of blind and disabled citizens for access to information
which is otherwise available in print, thereby reducing isolation and
supporting full integration and equal access for such individuals.
This act shall be known and may be cited as the "accessible electronic
information act".

 SUMMARY OF SPECIFIC PROVISIONS :
The national federation of the blind of New York shall provide an
accessible electronic information service for eligible blind and
disabled persons as defined in subdivision two of this section. This
service shall be intended for continuation from year to year and make
maximum use of federal and other kinds available by obtaining grant or
in-kind support from appropriate programs and securing access to
low-cost interstate rates for telecommunications by reimbursement or
otherwise. "Accessible electronic information service" means news and
other timely information provided to eligible individuals from a
multi-state service center, using high-speed computers and
telecommunication technology for interstate acquisition of content and
rapid distribution in a form suitable for use by such individuals.
"Blind and disabled persons" means those individuals who are qualified
for library loan services through the Library of Congress and the
State Library for the Blind and Physically Handicapped pursuant to:
"Director" means the director of the national federation of the blind
of New York. "Qualified entity" means the national federation of the
blind of New York.

 JUSTIFICATION :
There is hereby recognized in the supervision of the state comptroller
a special revenue fund to be known as the "accessible electronic
information service fund". Such fund shall consist of the money
transferred thereto from the accessible electronic information service
fund by the comptroller pursuant to section ninety-nine-i of this
article. Nothing enclosed herein shall prevent the state from
receiving grants, gifts or donation for the purposes of the access to
justice fund as defined in this section and depositing them into the
accessible electronic information service fund according to law. The
accessible electronic information service fund shall be administered
by the public service commission, in consultation with the Director of
the National Federation of the Blind of New York, in agreement with
this section. In order to support the program described in section
ninety-two-g of the public service law, the public service commission
shall require all local exchange telecommunications companies to
impose a periodic surcharge on bills rendered to all local exchange
telecommunications company subscribers. The public service commission,
in consultation with the Director of the national federation of the
blind of New York shall annually conclude the amount of the surcharge
based on the amount of funding necessary to support the program
described in section ninety-two-g of the public service law. The
amount of the surcharge will be one cent per access line per month as
determined by the Director of the national federation of the blind of
New York in consultation with the public service commission. Local
exchange telecommunications companies shall forward the amount
received from the surcharge to the director of the national federation
of the blind of New York less any amount allowed for administration,
in accordance with a schedule determined by the public service
commission in consultation with such director.

 PRIOR LEGISLATIVE HISTORY :
None

 FISCAL IMPLICATIONS :
Minimal.

 EFFECTIVE DATE :
This act shall take effect on the ninetieth day after it shall have
become a law.

2009-S2615 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2615

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 25, 2009
                               ___________

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:

  Section  1.  Short title.  This act shall be known and may be cited as
the "accessible electronic information act".
  S 2. The public service law is amended by adding a new section 92-g to
read as follows:
  S 92-G. ACCESSIBLE ELECTRONIC INFORMATION; BLIND AND DISABLED PERSONS.
1. A QUALIFIED NOT-FOR-PROFIT ENTITY CAPABLE OF PROVIDING  SUCH  SERVICE
SHALL  PROVIDE AN ACCESSIBLE ELECTRONIC INFORMATION SERVICE FOR ELIGIBLE
BLIND AND DISABLED PERSONS. THIS SERVICE SHALL BE PLANNED FOR  CONTINUA-
TION  FROM  YEAR TO YEAR AND MAKE MAXIMUM USE OF FEDERAL AND OTHER FUNDS
AVAILABLE  BY  OBTAINING  GRANT  OR  IN-KIND  SUPPORT  FROM  APPROPRIATE
PROGRAMS AND SECURING ACCESS TO LOW-COST INTERSTATE RATES FOR TELECOMMU-
NICATIONS BY REIMBURSEMENT OR OTHERWISE.
  2. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
ING MEANINGS, UNLESS OTHERWISE INDICATED:
  (A)  "ACCESSIBLE  ELECTRONIC INFORMATION SERVICE" MEANS NEWS AND OTHER
TIMELY INFORMATION (INCLUDING NEWSPAPERS) PROVIDED TO ELIGIBLE  INDIVID-
UALS  FROM  A MULTI-STATE SERVICE CENTER, USING HIGH-SPEED COMPUTERS AND
TELECOMMUNICATIONS TECHNOLOGY FOR INTERSTATE ACQUISITION OF CONTENT  AND
RAPID DISTRIBUTION IN A FORM APPROPRIATE FOR USE BY SUCH INDIVIDUALS;
  (B)  "BLIND  AND  DISABLED  PERSONS"  MEANS  THOSE INDIVIDUALS WHO ARE
ELIGIBLE FOR LIBRARY LOAN SERVICES THROUGH THE LIBRARY OF  CONGRESS  AND
THE  STATE  LIBRARY FOR THE BLIND AND PHYSICALLY HANDICAPPED PURSUANT TO
36 CFR 701.10(B);

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00928-01-9

S. 2615                             2

  (C) "DIRECTOR" MEANS THE DIRECTOR OF THE SELECTED NOT-FOR-PROFIT ENTI-
TY;
  (D) "QUALIFIED ENTITY" MEANS A NOT-FOR-PROFIT ENTITY WITHIN THIS STATE
CAPABLE OF PROVIDING ACCESSIBLE ELECTRONIC INFORMATION SERVICES WHICH:
  (I)  PROVIDES  INTERSTATE  ACCESS  FOR  ELIGIBLE PERSONS TO READ DAILY
NEWSPAPERS PRODUCING AUDIO EDITIONS BY COMPUTER, AND
  (II) PROVIDES A MEANS OF PROGRAM ADMINISTRATION AND  READER  REGISTRA-
TION ON THE INTERNET.
  S  3. The state finance law is amended by adding a new section 99-q to
read as follows:
  S 99-Q. ACCESSIBLE ELECTRONIC INFORMATION SERVICE FUND.   1. THERE  IS
HEREBY  ESTABLISHED  IN  THE  CUSTODY OF THE STATE COMPTROLLER A SPECIAL
REVENUE FUND TO BE  KNOWN  AS  THE  "ACCESSIBLE  ELECTRONIC  INFORMATION
SERVICE FUND".
  2.  NOTHING  CONTAINED  IN  THIS  SECTION SHALL PREVENT THE STATE FROM
RECEIVING GRANTS, GIFTS OR BEQUESTS AND DEPOSITING THEM INTO THE  ACCES-
SIBLE ELECTRONIC INFORMATION SERVICE FUND ACCORDING TO LAW.
  3.  THE ACCESSIBLE ELECTRONIC INFORMATION SERVICE FUND SHALL BE ADMIN-
ISTERED BY THE PUBLIC  SERVICE  COMMISSION,  IN  CONSULTATION  WITH  THE
DIRECTOR, IN ACCORDANCE WITH THIS SECTION.
  4.  THE  TARGETED  ACCESSIBILITY FUND, INC., ESTABLISHED BY THE PUBLIC
SERVICE COMMISSION IN ITS "ORDER AND OPINION 98-10", MAY ALLOCATE  FUNDS
FOR  THE  PURPOSE  OF  PROVIDING  ELECTRONIC DISTRIBUTION OF NEWSPAPERS,
PERIODICALS, TIME SENSITIVE MATERIALS, AND OTHER INFORMATION  WHICH  MAY
BE OF BENEFIT TO THE COMMUNITY.
  S  4. Subdivision 3 of section 95 of the state finance law, as amended
by chapter 516 of the laws of 1992, is amended to read as follows:
  3. Whenever the amount of moneys in the abandoned property fund as  of
the  last  day  of  any month shall exceed the greater of the sum of six
million dollars or an amount which in the comptroller's sole  discretion
is  necessary to satisfy claims against such fund during the immediately
succeeding month, the comptroller shall draw a warrant or  voucher  upon
such  special  fund  for  the amount in excess of such sum and shall pay
such amount into the state treasury to the credit of the [general  fund]
ACCESSIBLE  ELECTRONIC  INFORMATION SERVICE FUND, ESTABLISHED IN SECTION
NINETY-NINE-Q OF THIS ARTICLE. Notwithstanding the foregoing, the  comp-
troller  and  the  director  of the budget or their respective designees
shall review the balance remaining in the abandoned property fund as  of
the  last  day  of  the months of March, June, September and December in
each year, as soon as practicable after each such date, and may mutually
agree upon an amount to be paid from such fund into the  state  treasury
to  the  credit  of the [general fund] ACCESSIBLE ELECTRONIC INFORMATION
SERVICE FUND, ESTABLISHED IN  SECTION  NINETY-NINE-Q  OF  THIS  ARTICLE,
which  may  cause  the  balance  in  such fund to fall below six million
dollars; provided, however, in no event shall the amount  of  moneys  in
the  abandoned property fund exceed seven hundred fifty thousand dollars
at the end of the last day of the fiscal year.
  S 5. This act shall take effect on the ninetieth day  after  it  shall
have  become  a  law; provided, however, that effective immediately, the
addition, amendment and/or repeal of any rule  or  regulation  necessary
for  the  implementation of this act on its effective date is authorized
and directed to be made and completed on or before such effective date.

co-Sponsors

View additional co-sponsors

2009-S2615A - Details

Current Committee:: Senate Finance
Law Section:: Public Service Law
Laws Affected:: Add §92-g, Pub Serv L; add §99-r, St Fin L
Versions Introduced in 2011-2012 Legislative Session:: S1053

2009-S2615A - Summary

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

2009-S2615A - Sponsor Memo

                                 BILL NUMBER:  S2615A          REVISED 02/08/10

 TITLE OF BILL :

An act to amend the public service law and the state finance law, in
relation to enacting the accessible electronic information act


 PURPOSE OR GENERAL IDEA OF BILL :

Thousands of New Yorkers have disabilities (including blindness or
visual impairment) that prevent them from using conventional print
material.

Low cost interstate telecommunication rates make distribution of
electronic text-based information to blind or visually impaired New
Yorkers both efficient and cost effective for the state. Use of this
accessible electronic information service will improve the state's
current efforts to meet the needs of blind and disabled citizens for
access to information that is otherwise available in print, thereby
reducing isolation and supporting full integration and equal access
for such individuals.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 2 of this legislation is the definitions section. The

accessible electronic information service, which is defined in the
legislation, shall be provided by a qualified and registered
not-for-profit organization. The service shall be intended for
continuation from year to year and make maximum use of federal and
other kinds available by obtaining grant or in-kind support from
appropriate programs, and by securing access to low-cost interstate
rates for telecommunications by reimbursement or otherwise.

The legislation defines "Accessible electronic information service" as
news and other timely information provided to eligible individuals via
a service using high-speed computers and telecommunication technology
for interstate acquisition and rapid distribution of content in a form
suitable for use by such eligible individuals.

"Blind and disabled persons" means those individuals who are qualified
for library loan services through the Library of Congress and the
State Library for the Blind and physically Handicapped.

Section 3 of this legislation creates a new fund under the supervision
of the state comptroller known as the "accessible electronic
information service fund". Such fund may consist of money transferred
thereto from the Targeted Accessibility Fund (TAF), and shall also
consist of such grants, gifts or donations which may be deposited to
the fund for the support of the service.

 JUSTIFICATION :

Thousands of citizens in New York have disabilities (including
blindness or visual impairment) that prevent them from using
conventional print material.

The state fulfills an important duty by providing books and magazines
prepared in Braille, audio, and large-type formats made available to
eligible blind and disabled persons. The technology, transcription
methods, and means of distribution used for these materials are labor
intensive and cannot support rapid dissemination to individuals in
rural and urban areas throughout the state.

Lack of direct and prompt access to information included in
newspapers, magazines, newsletters, schedules, announcements, and
other time-sensitive materials, limits educational opportunities, and
full participation in society by blind and disabled persons. This
constraint can best be overcome through use of high-speed computer and
telecommunication technology, combined with customized software,
providing a practical and cost-effective means to convert electronic
text-based information into synthetic speech suitable for statewide
distribution with modem telecommunication technology.

Use of this accessible electronic information service will improve the
state's current efforts to meet the needs of blind and disabled
citizens for access to information which is otherwise available in
print, thereby reducing isolation and supporting full integration and
equal access for such individuals.

 LEGISLATION IN OTHER STATES :

Several other states have introduced and/or enacted legislation
concerning accessibility to electronic information. The states
introducing and/or enacting such legislation include:

Florida - Introduced in 2006
Illinois - Enacted July 22, 2004
Kentucky- Introduced in 2000

 PRIOR LEGISLATIVE HISTORY :

2008: S.5960 Energy and Telecommunications; A.3108A Ways and Means
2006: A.10172 Corporations, Authorities and Commissions
2005: A.1757A Corporations, Authorities and Commissions
2004: A.6464 Corporations, Authorities and Commissions

 FISCAL IMPLICATIONS :
Minimal.

 EFFECTIVE DATE :
This act shall take effect on the ninetieth day after it shall have
become a law.

2009-S2615A - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2615--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 25, 2009
                               ___________

Introduced  by  Sens.  PARKER, DILAN, KLEIN, KRUEGER, MAZIARZ, SAVINO --
  read twice and ordered printed, and when printed to  be  committed  to
  the  Committee  on Energy and Telecommunications -- recommitted to the
  Committee on Energy and Telecommunications in accordance  with  Senate
  Rule 6, sec. 8 -- 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 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:

  Section 1. Short title.  This act shall be known and may be  cited  as
the "accessible electronic information act".
  S 2. The public service law is amended by adding a new section 92-g to
read as follows:
  S 92-G. ACCESSIBLE ELECTRONIC INFORMATION; BLIND AND DISABLED PERSONS.
1.  A  QUALIFIED NOT-FOR-PROFIT ENTITY CAPABLE OF PROVIDING SUCH SERVICE
SHALL PROVIDE AN ACCESSIBLE ELECTRONIC INFORMATION SERVICE FOR  ELIGIBLE
BLIND  AND DISABLED PERSONS. THIS SERVICE SHALL BE PLANNED FOR CONTINUA-
TION FROM YEAR TO YEAR AND MAKE MAXIMUM USE OF FEDERAL AND  OTHER  FUNDS
AVAILABLE  BY  OBTAINING  GRANT  OR  IN-KIND  SUPPORT  FROM  APPROPRIATE
PROGRAMS AND SECURING ACCESS TO LOW-COST INTERSTATE RATES FOR TELECOMMU-
NICATIONS BY REIMBURSEMENT OR OTHERWISE.
  2. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
ING MEANINGS, UNLESS OTHERWISE INDICATED:
  (A) "ACCESSIBLE ELECTRONIC INFORMATION SERVICE" MEANS NEWS  AND  OTHER
TIMELY  INFORMATION (INCLUDING NEWSPAPERS) PROVIDED TO ELIGIBLE INDIVID-
UALS FROM A MULTI-STATE SERVICE CENTER, USING HIGH-SPEED  COMPUTERS  AND
TELECOMMUNICATIONS  TECHNOLOGY FOR INTERSTATE ACQUISITION OF CONTENT AND
RAPID DISTRIBUTION IN A FORM APPROPRIATE FOR USE BY SUCH INDIVIDUALS;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00928-03-0

S. 2615--A                          2

  (B) "BLIND AND DISABLED  PERSONS"  MEANS  THOSE  INDIVIDUALS  WHO  ARE
ELIGIBLE  FOR  LIBRARY LOAN SERVICES THROUGH THE LIBRARY OF CONGRESS AND
THE STATE LIBRARY FOR THE BLIND AND PHYSICALLY HANDICAPPED  PURSUANT  TO
36 CFR 701.10(B);
  (C) "DIRECTOR" MEANS THE DIRECTOR OF THE SELECTED NOT-FOR-PROFIT ENTI-
TY;
  (D) "QUALIFIED ENTITY" MEANS A NOT-FOR-PROFIT ENTITY WITHIN THIS STATE
CAPABLE OF PROVIDING ACCESSIBLE ELECTRONIC INFORMATION SERVICES WHICH:
  (I)  PROVIDES  INTERSTATE  ACCESS  FOR  ELIGIBLE PERSONS TO READ DAILY
NEWSPAPERS PRODUCING AUDIO EDITIONS BY COMPUTER, AND
  (II) PROVIDES A MEANS OF PROGRAM ADMINISTRATION AND  READER  REGISTRA-
TION ON THE INTERNET.
  S  3. The state finance law is amended by adding a new section 99-r to
read as follows:
  S 99-R. ACCESSIBLE ELECTRONIC INFORMATION SERVICE FUND.   1. THERE  IS
HEREBY  ESTABLISHED  IN  THE  CUSTODY OF THE STATE COMPTROLLER A SPECIAL
REVENUE FUND TO BE  KNOWN  AS  THE  "ACCESSIBLE  ELECTRONIC  INFORMATION
SERVICE FUND".
  2.  NOTHING  CONTAINED  IN  THIS  SECTION SHALL PREVENT THE STATE FROM
RECEIVING GRANTS, GIFTS OR BEQUESTS AND DEPOSITING THEM INTO THE  ACCES-
SIBLE ELECTRONIC INFORMATION SERVICE FUND ACCORDING TO LAW.
  3.  THE ACCESSIBLE ELECTRONIC INFORMATION SERVICE FUND SHALL BE ADMIN-
ISTERED BY THE PUBLIC  SERVICE  COMMISSION,  IN  CONSULTATION  WITH  THE
DIRECTOR, IN ACCORDANCE WITH THIS SECTION.
  4.  THE  TARGETED  ACCESSIBILITY FUND, INC., ESTABLISHED BY THE PUBLIC
SERVICE COMMISSION IN ITS "ORDER AND OPINION 98-10", MAY ALLOCATE  FUNDS
FOR  THE  PURPOSE  OF  PROVIDING  ELECTRONIC DISTRIBUTION OF NEWSPAPERS,
PERIODICALS, TIME SENSITIVE MATERIALS, AND OTHER INFORMATION  WHICH  MAY
BE OF BENEFIT TO THE COMMUNITY.
  S  4. Subdivision 3 of section 95 of the state finance law, as amended
by chapter 516 of the laws of 1992, is amended to read as follows:
  3. Whenever the amount of moneys in the abandoned property fund as  of
the  last  day  of  any month shall exceed the greater of the sum of six
million dollars or an amount which in the comptroller's sole  discretion
is  necessary to satisfy claims against such fund during the immediately
succeeding month, the comptroller shall draw a warrant or  voucher  upon
such  special  fund  for  the amount in excess of such sum and shall pay
such amount into the state treasury to the credit of the [general  fund]
ACCESSIBLE  ELECTRONIC  INFORMATION SERVICE FUND, ESTABLISHED IN SECTION
NINETY-NINE-R OF THIS ARTICLE. Notwithstanding the foregoing, the  comp-
troller  and  the  director  of the budget or their respective designees
shall review the balance remaining in the abandoned property fund as  of
the  last  day  of  the months of March, June, September and December in
each year, as soon as practicable after each such date, and may mutually
agree upon an amount to be paid from such fund into the  state  treasury
to  the  credit  of the [general fund] ACCESSIBLE ELECTRONIC INFORMATION
SERVICE FUND, ESTABLISHED IN  SECTION  NINETY-NINE-R  OF  THIS  ARTICLE,
which  may  cause  the  balance  in  such fund to fall below six million
dollars; provided, however, in no event shall the amount  of  moneys  in
the  abandoned property fund exceed seven hundred fifty thousand dollars
at the end of the last day of the fiscal year.
  S 5. This act shall take effect on the ninetieth day  after  it  shall
have  become  a  law; provided, however, that effective immediately, the
addition, amendment and/or repeal of any rule  or  regulation  necessary
for  the  implementation of this act on its effective date is authorized
and directed to be made and completed on or before such effective date.

co-Sponsors

View additional co-sponsors

2009-S2615B (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: Public Service Law
Laws Affected:: Add §92-g, Pub Serv L; add §99-r, St Fin L
Versions Introduced in 2011-2012 Legislative Session:: S1053

2009-S2615B (ACTIVE) - Summary

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

2009-S2615B (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2615B          REVISED 02/08/10

 TITLE OF BILL :  An act to amend the public service law and the state
finance law, in relation to enacting the accessible electronic
information act

 PURPOSE OR GENERAL IDEA OF BILL :

Thousands of New Yorkers have disabilities (including blindness or
visual impairment) that prevent them from using conventional print
material.

Low cost interstate telecommunication rates make distribution of
electronic text-based information to blind or visually impaired New
Yorkers both efficient and cost effective for the state. Use of this
accessible electronic information service will improve the state's
current efforts to meet the needs of blind and disabled citizens for
access to information that is otherwise available in print, thereby
reducing isolation and supporting full integration and equal access
for such individuals.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 2 of this legislation is the definitions section. The
accessible electronic information service, which is defined in the
legislation, shall be provided by a qualified and registered

not-for-profit organization. The service shall be intended for
continuation from year to year and make maximum use of federal and
other kinds available by obtaining grant or in-kind support from
appropriate programs, and by securing access to low-cost interstate
rates for telecommunications by reimbursement or otherwise.

The legislation defines "Accessible electronic information service" as
news and other timely information provided to eligible individuals via
a service using high-speed computers and telecommunication technology
for interstate acquisition and rapid distribution of content in a form
suitable for use by such eligible individuals.

"Blind and disabled persons" means those individuals who are qualified
for library loan services through the Library of Congress and the
State Library for the Blind and physically Handicapped.

Section 3 of this legislation creates a new fund under the supervision
of the state comptroller known as the "accessible electronic
information service fund". Such fund may consist of money transferred
thereto from the Targeted Accessibility Fund (TAF), and shall also
consist of such grants, gifts or donations which may be deposited to
the fund for the support of the service.

 JUSTIFICATION :

Thousands of citizens in New York have disabilities (including
blindness or visual impairment) that prevent them from using
conventional print material.

The state fulfills an important duty by providing books and magazines
prepared in Braille, audio, and large-type formats made available to
eligible blind and disabled persons. The technology, transcription
methods, and means of distribution used for these materials are labor
intensive and cannot support rapid dissemination to individuals in
rural and urban areas throughout the state.

Lack of direct and prompt access to information included in
newspapers, magazines, newsletters, schedules, announcements, and
other time-sensitive materials, limits educational opportunities, and
full participation in society by blind and disabled persons. This
constraint can best be overcome through use of high-speed computer and
telecommunication technology, combined with customized software,
providing a practical and cost-effective means to convert electronic
text-based information into synthetic speech suitable for statewide
distribution with modem telecommunication technology.

Use of this accessible electronic information service will improve the
state's current efforts to meet the needs of blind and disabled
citizens for access to information which is otherwise available in
print, thereby reducing isolation and supporting full integration and
equal access for such individuals.

 LEGISLATION IN OTHER STATES :

Several other states have introduced and/or enacted legislation
concerning accessibility to electronic information. The states
introducing and/or enacting such legislation include:

Florida - Introduced in 2006
Illinois - Enacted July 22, 2004
Kentucky- Introduced in 2000

 PRIOR LEGISLATIVE HISTORY :

2008: S.5960 Energy and Telecommunications; A.3108A Ways and Means
2006: A.10172 Corporations, Authorities and Commissions
2005: A.1757A Corporations, Authorities and Commissions
2004: A.6464 Corporations, Authorities and Commissions

 FISCAL IMPLICATIONS :
Minimal.

 EFFECTIVE DATE :
This act shall take effect on the ninetieth day after it shall have
become a law.

2009-S2615B (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2615--B

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 25, 2009
                               ___________

Introduced by Sens. PARKER, DILAN, FOLEY, KLEIN, KRUEGER, MAZIARZ, MONT-
  GOMERY,  SAVINO -- read twice and ordered printed, and when printed to
  be committed to the Committee  on  Energy  and  Telecommunications  --
  recommitted  to  the  Committee  on  Energy  and Telecommunications in
  accordance with Senate Rule 6, sec. 8 -- 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  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

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:

  Section  1.  Short title.  This act shall be known and may be cited as
the "accessible electronic information act".
  S 2. The public service law is amended by adding a new section 92-g to
read as follows:
  S 92-G. ACCESSIBLE ELECTRONIC INFORMATION; BLIND AND DISABLED PERSONS.
1. A QUALIFIED NOT-FOR-PROFIT ENTITY CAPABLE OF PROVIDING  SUCH  SERVICE
SHALL  PROVIDE AN ACCESSIBLE ELECTRONIC INFORMATION SERVICE FOR ELIGIBLE
BLIND AND DISABLED PERSONS. THIS SERVICE SHALL BE PLANNED FOR  CONTINUA-
TION  FROM  YEAR TO YEAR AND MAKE MAXIMUM USE OF FEDERAL AND OTHER FUNDS
AVAILABLE  BY  OBTAINING  GRANT  OR  IN-KIND  SUPPORT  FROM  APPROPRIATE
PROGRAMS AND SECURING ACCESS TO LOW-COST INTERSTATE RATES FOR TELECOMMU-
NICATIONS BY REIMBURSEMENT OR OTHERWISE.
  2. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
ING MEANINGS, UNLESS OTHERWISE INDICATED:
  (A)  "ACCESSIBLE  ELECTRONIC INFORMATION SERVICE" MEANS NEWS AND OTHER
TIMELY INFORMATION (INCLUDING NEWSPAPERS) PROVIDED TO ELIGIBLE  INDIVID-
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.
                                                           LBD00928-04-0

S. 2615--B                          2

TELECOMMUNICATIONS TECHNOLOGY FOR INTERSTATE ACQUISITION OF CONTENT  AND
RAPID DISTRIBUTION IN A FORM APPROPRIATE FOR USE BY SUCH INDIVIDUALS;
  (B)  "BLIND  AND  DISABLED  PERSONS"  MEANS  THOSE INDIVIDUALS WHO ARE
ELIGIBLE FOR LIBRARY LOAN SERVICES THROUGH THE LIBRARY OF  CONGRESS  AND
THE  STATE  LIBRARY FOR THE BLIND AND PHYSICALLY HANDICAPPED PURSUANT TO
36 CFR 701.10(B);
  (C) "DIRECTOR" MEANS THE DIRECTOR OF THE SELECTED NOT-FOR-PROFIT ENTI-
TY;
  (D) "QUALIFIED ENTITY" MEANS A NOT-FOR-PROFIT ENTITY WITHIN THIS STATE
CAPABLE OF PROVIDING ACCESSIBLE ELECTRONIC INFORMATION SERVICES WHICH:
  (I) PROVIDES INTERSTATE ACCESS FOR  ELIGIBLE  PERSONS  TO  READ  DAILY
NEWSPAPERS PRODUCING AUDIO EDITIONS BY COMPUTER, AND
  (II)  PROVIDES  A MEANS OF PROGRAM ADMINISTRATION AND READER REGISTRA-
TION ON THE INTERNET.
  S 3. The state finance law is amended by adding a new section 99-r  to
read as follows:
  S  99-R.  ACCESSIBLE ELECTRONIC INFORMATION SERVICE FUND.  1. THERE IS
HEREBY ESTABLISHED IN THE CUSTODY OF THE  STATE  COMPTROLLER  A  SPECIAL
REVENUE  FUND  TO  BE  KNOWN  AS  THE "ACCESSIBLE ELECTRONIC INFORMATION
SERVICE FUND".
  2. NOTHING CONTAINED IN THIS SECTION  SHALL  PREVENT  THE  STATE  FROM
RECEIVING  GRANTS, GIFTS OR BEQUESTS AND DEPOSITING THEM INTO THE ACCES-
SIBLE ELECTRONIC INFORMATION SERVICE FUND ACCORDING TO LAW.
  3. THE ACCESSIBLE ELECTRONIC INFORMATION SERVICE FUND SHALL BE  ADMIN-
ISTERED  BY  THE  PUBLIC  SERVICE  COMMISSION,  IN CONSULTATION WITH THE
DIRECTOR, IN ACCORDANCE WITH THIS SECTION.
  4. THE TARGETED ACCESSIBILITY FUND, INC., ESTABLISHED  BY  THE  PUBLIC
SERVICE  COMMISSION IN ITS "ORDER AND OPINION 98-10", MAY ALLOCATE FUNDS
FOR THE PURPOSE OF  PROVIDING  ELECTRONIC  DISTRIBUTION  OF  NEWSPAPERS,
PERIODICALS,  TIME  SENSITIVE MATERIALS, AND OTHER INFORMATION WHICH MAY
BE OF BENEFIT TO THE COMMUNITY.
  S 4. This act shall take effect on the ninetieth day  after  it  shall
have  become  a  law; provided, however, that effective immediately, the
addition, amendment and/or repeal of any rule  or  regulation  necessary
for  the  implementation of this act on its effective date is authorized
and directed to be made and completed on or before such effective date.

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