Senate Bill S3446

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

                                 3446--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 19, 2009
                               ___________

Introduced  by  Sen. PERKINS -- read twice and ordered printed, and when
  printed to be committed to the Committee on  Energy  and  Telecommuni-
  cations  --  committee  discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the public service law, in relation to providing for the
  identification of federal and state assistance programs which  qualify
  recipients for telephone Lifeline service

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The public service law is amended by adding a  new  section
92-g to read as follows:
  S  92-G. QUALIFICATION FOR TELEPHONE LIFELINE SERVICE.  1. THE COMMIS-
SION SHALL ADOPT RULES AND REGULATIONS, IN ACCORDANCE WITH FEDERAL  LAWS
AND  REGULATIONS,  WHICH  WOULD REQUIRE THAT EVERY TELEPHONE CORPORATION
OFFERING A RETAIL LOCAL SERVICE THAT IS DEFINED PURSUANT TO SUBPART E OF
PART FIFTY-FOUR OF TITLE FORTY-SEVEN OF THE CODE OF FEDERAL  REGULATIONS
AS  A  LIFELINE  SERVICE AND RECEIVING FEDERAL UNIVERSAL SERVICE SUPPORT
PURSUANT TO SUCH SUBPART FOR SUCH SERVICE PROVIDE SUCH  SERVICE  TO  ALL
CUSTOMERS  WHO  ARE IDENTIFIED BY SUCH COMPANY THROUGH CUSTOMER SUPPLIED
INFORMATION OR THROUGH INFORMATION  SUPPLIED  BY  A  THIRD  PARTY  AS  A
PARTICIPANT OR ELIGIBLE TO BE A PARTICIPANT IN:
  (A) ANY OF THE FOLLOWING FEDERAL OR STATE ASSISTANCE PROGRAMS:
  (I) MEDICAID,
  (II) FOOD STAMPS,
  (III) SUPPLEMENTAL SECURITY INCOME,
  (IV) LOW-INCOME HOME ENERGY ASSISTANCE,
  (V) STATE FAMILY ASSISTANCE,
  (VI) STATE SAFETY NET ASSISTANCE,
  (VII) VETERAN'S DISABILITY PENSION,
  (VIII) VETERAN'S SURVIVING SPOUSE PENSION,
  (IX) NATIONAL SCHOOL LUNCH PROGRAM,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08670-04-9
              

S. 3446--A                          2

  (X) STATE EARNED INCOME TAX CREDIT, OR
  (XI)  CHILD  HEALTH  PLUS, AS A RECIPIENT OF FREE OR SUBSIDIZED HEALTH
COVERAGE, OR FAMILY HEALTH PLUS; OR
  (B) SUCH ADDITIONAL FEDERAL OR STATE ASSISTANCE  PROGRAMS  AS  MAY  BE
DESIGNATED  BY THE COMMISSION AS A PROGRAM THAT WILL QUALIFY THE PARTIC-
IPANT FOR SUCH LIFELINE RATE.
  2.  THE COMMISSION SHALL ADOPT RULES AND  REGULATIONS,  IN  ACCORDANCE
WITH FEDERAL LAWS AND REGULATIONS, ESTABLISHING ELIGIBILITY CRITERIA FOR
CONSUMERS  THAT ARE NOT ENROLLED IN FEDERAL OR STATE ASSISTANCE PROGRAMS
THAT WOULD QUALIFY SUCH  CONSUMERS  FOR  SUCH  LIFELINE  RATE.  FOR  THE
PURPOSES  OF  THIS  SECTION,  THE  COMMISSION SHALL USE SOLELY INCOME OR
OTHER FACTORS DIRECTLY RELATED TO INCOME IN DETERMINING THE  ELIGIBILITY
CRITERIA.
  3.  THE  COMMISSION  WILL  ALSO  ESTABLISH RULES REQUIRING EVERY CABLE
TELEVISION COMPANY, AS DEFINED IN SECTION  TWO  HUNDRED  TWELVE  OF  THE
PUBLIC  SERVICE  LAW THAT PROVIDES TELEPHONE SERVICE TO CUSTOMERS IN NEW
YORK, TO CONTRIBUTE TO THE TARGETED  ASSISTANCE  FUND  TO  HELP  SUPPORT
COMPANIES THAT CHOOSE TO OFFER LIFELINE SERVICE TO THEIR CUSTOMERS.
  4.  FOR  PURPOSES OF THIS SECTION, THE "TARGETED ASSISTANCE FUND" IS A
FUND CREATED IN PUBLIC  SERVICE  COMMISSION  CASE  06-02-1998,  AND  WAS
DESIGNED  BY THE COMMISSION TO FUND PROGRAMS SUCH AS LIFELINE, EMERGENCY
SERVICES (E911), AND THE TELECOMMUNICATIONS RELAY SERVICE FOR THE  HEAR-
ING IMPAIRED (TRS), ON A COMPETITIVELY NEUTRAL BASIS.
  S 2. This act shall take effect January 1, 2010.

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

                                 3446--B

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 19, 2009
                               ___________

Introduced  by  Sens. PERKINS, PARKER -- read twice and ordered printed,
  and when printed to be committed to the Committee on Energy and  Tele-
  communications   --   committee   discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee --  recommitted
  to  the  Committee on Energy and Telecommunications 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 service law, in relation to providing for the
  identification  of federal and state assistance programs which qualify
  recipients for telephone Lifeline service

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The public service law is amended by adding a new section
92-g to read as follows:
  S 92-G. QUALIFICATION FOR TELEPHONE LIFELINE SERVICE.  1. THE  COMMIS-
SION  SHALL ADOPT RULES AND REGULATIONS, IN ACCORDANCE WITH FEDERAL LAWS
AND REGULATIONS, WHICH WOULD REQUIRE THAT  EVERY  TELEPHONE  CORPORATION
OFFERING A RETAIL LOCAL SERVICE THAT IS DEFINED PURSUANT TO SUBPART E OF
PART  FIFTY-FOUR OF TITLE FORTY-SEVEN OF THE CODE OF FEDERAL REGULATIONS
AS A LIFELINE SERVICE AND RECEIVING FEDERAL  UNIVERSAL  SERVICE  SUPPORT
PURSUANT  TO  SUCH  SUBPART FOR SUCH SERVICE PROVIDE SUCH SERVICE TO ALL
CUSTOMERS WHO ARE IDENTIFIED BY SUCH COMPANY THROUGH  CUSTOMER  SUPPLIED
INFORMATION  OR  THROUGH  INFORMATION  SUPPLIED  BY  A  THIRD PARTY AS A
PARTICIPANT OR ELIGIBLE TO BE A PARTICIPANT IN:
  (A) ANY OF THE FOLLOWING FEDERAL OR STATE ASSISTANCE PROGRAMS:
  (I) MEDICAID,
  (II) FOOD STAMPS,
  (III) SUPPLEMENTAL SECURITY INCOME,
  (IV) LOW-INCOME HOME ENERGY ASSISTANCE,
  (V) STATE FAMILY ASSISTANCE,
  (VI) STATE SAFETY NET ASSISTANCE,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08670-07-0
              

S. 3446--B                          2

  (VII) VETERAN'S DISABILITY PENSION,
  (VIII) VETERAN'S SURVIVING SPOUSE PENSION,
  (IX) NATIONAL SCHOOL LUNCH PROGRAM,
  (X) STATE EARNED INCOME TAX CREDIT, OR
  (XI)  CHILD  HEALTH  PLUS, AS A RECIPIENT OF FREE OR SUBSIDIZED HEALTH
COVERAGE, OR FAMILY HEALTH PLUS; OR
  (B) SUCH ADDITIONAL FEDERAL OR STATE ASSISTANCE  PROGRAMS  AS  MAY  BE
DESIGNATED  BY THE COMMISSION AS A PROGRAM THAT WILL QUALIFY THE PARTIC-
IPANT FOR SUCH LIFELINE RATE.
  2.  THE COMMISSION SHALL ADOPT RULES AND  REGULATIONS,  IN  ACCORDANCE
WITH FEDERAL LAWS AND REGULATIONS, ESTABLISHING ELIGIBILITY CRITERIA FOR
CONSUMERS  THAT ARE NOT ENROLLED IN FEDERAL OR STATE ASSISTANCE PROGRAMS
THAT WOULD QUALIFY SUCH  CONSUMERS  FOR  SUCH  LIFELINE  RATE.  FOR  THE
PURPOSES  OF  THIS  SECTION,  THE  COMMISSION SHALL USE SOLELY INCOME OR
OTHER FACTORS DIRECTLY RELATED TO INCOME IN DETERMINING THE  ELIGIBILITY
CRITERIA.
  3.  THE  COMMISSION  WILL  ALSO  ESTABLISH RULES REQUIRING EVERY CABLE
TELEVISION COMPANY, AS DEFINED IN SECTION TWO  HUNDRED  TWELVE  OF  THIS
CHAPTER  THAT  PROVIDES  TELEPHONE  SERVICE TO CUSTOMERS IN NEW YORK, TO
CONTRIBUTE TO THE TARGETED ASSISTANCE FUND  TO  HELP  SUPPORT  COMPANIES
THAT CHOOSE TO OFFER LIFELINE SERVICE TO THEIR CUSTOMERS.
  4.  FOR  PURPOSES OF THIS SECTION, THE "TARGETED ASSISTANCE FUND" IS A
FUND CREATED IN PUBLIC  SERVICE  COMMISSION  CASE  06-02-1998,  AND  WAS
DESIGNED  BY THE COMMISSION TO FUND PROGRAMS SUCH AS LIFELINE, EMERGENCY
SERVICES (E911), AND THE TELECOMMUNICATIONS RELAY SERVICE FOR THE  HEAR-
ING IMPAIRED (TRS), ON A COMPETITIVELY NEUTRAL BASIS.
  S 2. This act shall take effect January 1, 2011.