S T A T E O F N E W Y O R K
________________________________________________________________________
939
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. McDONOUGH, GALEF -- 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:
Section 1. Legislative findings and intent. The legislature finds and
declares all of the following:
(a) Thousands of citizens in New York have disabilities (including
blindness or visual impairment) that prevent them from using conven-
tional print material.
(b) The state fulfills an important responsibility by providing books
and magazines prepared in Braille, audio and large-type formats made
available to eligible blind and disabled persons.
(c) 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.
(d) Lack of direct and prompt access to information included in news-
papers, magazines, newsletters, schedules, announcements and other time-
sensitive materials, limits educational opportunities, literacy and full
participation in society by blind and disabled persons.
(e) This limitation can best be overcome through use of high-speed
computer and telecommunications technology, combined with customized
software, providing a practical and cost-effective means to convert
electronic text-based information (including daily newspapers) into
synthetic speech suitable for statewide distribution with modern tele-
communications technology.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01383-01-9
A. 939 2
(f) Low cost interstate telecommunications rates make distribution of
electronic text-based information to eligible users both efficient and
cost-effective for the state.
(g) Federal funds have been used to develop the technology and infras-
tructure 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 acquisition and interstate tele-
communications support.
(h) Use of this accessible electronic information service will enhance
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.
S 2. Short title. This act shall be known and may be cited as the
"accessible electronic information act".
S 3. 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. THE NATIONAL FEDERATION OF THE BLIND OF NEW YORK SHALL PROVIDE AN
ACCESSIBLE ELECTRONIC INFORMATION SERVICE FOR ELIGIBLE BLIND AND DISA-
BLED PERSONS. THIS SERVICE SHALL BE PLANNED FOR CONTINUATION 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 SECUR-
ING ACCESS TO LOW-COST INTERSTATE RATES FOR TELECOMMUNICATIONS 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).
(C) "DIRECTOR" MEANS THE DIRECTOR OF THE NATIONAL FEDERATION OF THE
BLIND OF NEW YORK.
(D) "QUALIFIED ENTITY" MEANS THE NATIONAL FEDERATION OF THE BLIND OF
NEW YORK 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 4. 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. SUCH FUND SHALL CONSIST OF THE MONEYS TRANSFERRED THERETO FROM THE
ACCESSIBLE ELECTRONIC INFORMATION SERVICE FUND BY THE COMPTROLLER PURSU-
ANT TO SECTION NINETY-FIVE OF THIS ARTICLE. NOTHING CONTAINED IN THIS
SECTION SHALL PREVENT THE STATE FROM RECEIVING GRANTS, GIFTS OR BEQUESTS
FOR THE PURPOSES OF THE ACCESSIBLE ELECTRONIC INFORMATION SERVICE FUND
A. 939 3
AND DEPOSITING THEM INTO THE ACCESSIBLE 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 OF THE NATIONAL FEDERATION OF THE BLIND OF NEW YORK, IN ACCORD-
ANCE WITH THIS SECTION.
4. 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.
5. THE PUBLIC SERVICE COMMISSION, IN CONSULTATION WITH THE DIRECTOR OF
THE NATIONAL FEDERATION OF THE BLIND OF NEW YORK SHALL ANNUALLY DETER-
MINE THE AMOUNT OF THE SURCHARGE BASED ON THE AMOUNT OF FUNDING NECES-
SARY TO SUPPORT THE PROGRAM DESCRIBED IN SECTION NINETY-TWO-G OF THE
PUBLIC SERVICE LAW.
6. 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.
7. LOCAL EXCHANGE TELECOMMUNICATIONS COMPANIES SHALL REMIT 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.
S 5. 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 6. This act shall take effect on the one hundred twentieth day after
it shall have become a law. Provided, however, that effective imme-
diately, 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.