S T A T E   O F   N E W   Y O R K
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                                  4621

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 5, 2009
                               ___________

Introduced by M. of A. TOWNS, WALKER, COLTON -- Multi-Sponsored by -- M.
  of A. WEISENBERG -- read once and referred to the Committee on Consum-
  er Affairs and Protection

AN  ACT  to amend the general business law, in relation to accessibility
  by blind and visually impaired persons to automated teller machines

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

  Section 1. The general business law is amended by adding a new section
399-i to read as follows:
  S 399-I. AUTOMATED TELLER MACHINES; ACCESSIBILITY BY BLIND AND VISUAL-
LY  IMPAIRED  PERSONS.  1.  AS USED IN THIS SECTION, THE TERM "AUTOMATED
TELLER MACHINE PROVIDER" MEANS THE  PERSON  OR  ENTITY  RESPONSIBLE  FOR
PROVIDING  AN  AUTOMATED TELLER MACHINE FOR USE AT ANY LOCATION, AND THE
TERM "AUTOMATED TELLER MACHINE MANUFACTURER" SHALL MEAN  THE  PERSON  OR
ENTITY  WHO  OR WHICH MANUFACTURES THE AUTOMATED TELLER MACHINE PROVIDED
AT SUCH LOCATION.
  2. NO AUTOMATED TELLER MACHINE MAY BE SOLD IN THIS  STATE  UNLESS  THE
NUMBERED  BUTTONS  OR  SPACES  ADJACENT  TO  THE NUMBERED BUTTONS ON THE
MACHINE ARE EQUIPPED BY THE AUTOMATED TELLER MACHINE  MANUFACTURER  WITH
RAISED  LETTERING,  RAISED  NUMBERS,  AND/OR BRAILLE AND UNLESS THE FONT
SIZE USED FOR LETTERS AND NUMBERS ON THE VISUAL SCREEN  OF  THE  MACHINE
CAN  BE  ENLARGED BY THE PUSH OF A BUTTON IN EITHER CASE SO AS TO RENDER
FULLY ACCESSIBLE AND USABLE SUCH MACHINE BY BLIND AND VISUALLY  IMPAIRED
PERSONS.
  3.  EVERY  AUTOMATED  TELLER  MACHINE  PROVIDER  SHALL  PROVIDE VERBAL
ASSISTANCE OR INSTRUCTIONS IN BRAILLE IN THE OPERATION AND USE  OF  EACH
AUTOMATED TELLER MACHINE PROVIDED BY SUCH PROVIDER.
  4.  IN THE EVENT AN AUTOMATED TELLER MACHINE IN USE IS NOT EQUIPPED AS
DESCRIBED IN SUBDIVISION TWO  OF  THIS  SECTION,  THE  AUTOMATED  TELLER
MACHINE  PROVIDER  WHO OR WHICH HAS PROVIDED SUCH MACHINE FOR USE AT THE
LOCATION SHALL MAKE SUCH MODIFICATIONS OR ADAPTATIONS TO THE MACHINE  AS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02015-01-9
              

A. 4621                             2

ARE  NECESSARY  TO  RENDER  IT  FULLY ACCESSIBLE AND USABLE BY BLIND AND
VISUALLY IMPAIRED PERSONS ON  OR  BEFORE  THE  EFFECTIVE  DATE  OF  THIS
SECTION.
  5.  A VIOLATION OF SUBDIVISION TWO OF THIS SECTION SHALL BE SUBJECT TO
A CIVIL PENALTY OF TWO THOUSAND FIVE HUNDRED DOLLARS  FOR  EACH  MACHINE
SOLD  IN VIOLATION OF THE REQUIREMENTS OF SUCH SUBDIVISION.  A VIOLATION
OF SUBDIVISION THREE OR FOUR OF THIS SECTION SHALL BE SUBJECT TO A CIVIL
PENALTY OF ONE THOUSAND DOLLARS PER MACHINE FOR EACH DAY OR PART THEREOF
IN WHICH SUCH PROVIDER OR SUCH AUTOMATED TELLER MACHINE OR BOTH, AS  THE
CASE  MAY  BE,  REMAINS  IN  NON-COMPLIANCE  WITH THE PROVISIONS OF SUCH
SUBDIVISION.
  S 2. This act shall take effect on the first of January next  succeed-
ing  the  date  on  which it shall have become a law, provided, however,
that effective immediately, the addition, amendment and/or repeal of any
rules or regulations necessary for the implementation of  the  foregoing
section  of this act on its effective date is authorized and directed to
be made and completed on or before such effective date.