NY State Senate Bill 2009-S135

Senate Bill S135

2009-2010 Legislative Session

Relates to the accessibility by blind and visually impaired persons to automated teller machines

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Archive: Last Bill Status - In Senate Committee Consumer Protection 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to consumer protection
Jan 07, 2009	referred to consumer protection

co-Sponsors

2009-S135 (ACTIVE) - Details

See Assembly Version of this Bill:: A4621
Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add §399-i, Gen Bus L
Versions Introduced in 2011-2012 Legislative Session:: S1623

2009-S135 (ACTIVE) - Summary

Relates to the accessibility by blind and visually impaired persons to automated teller machines.

2009-S135 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S135

 TITLE OF BILL :
An act to amend the general business law, in relation to accessibility
by blind and visually impaired persons to automated teller machines


 PURPOSE :
This legislation would better enable blind and visually handicapped
persons to utilize automated teller machines.

 SUMMARY OF PROVISIONS :
A new section 399-i is added to the general business law. Section
399-i(1) defines the term "automated teller machine".

Section 399-e(2) Provides that no ATMs may be sold In the State of New
York without raised lettering and/or Braille lettering or unless the
number size or font can be enlarged by the push of a button.

Section 399-e(3) Provides that every ATM provider shall provide verbal
assistance or instruction in Braille in the use of ATMs provided by
such provider.

Section 399-e(4) Provides that in the event that an ATM is not
modified in accordance with section 2 the machine provider shall make
modifications or adaptations to make the machine fully accessible and

usable by blind and visually impaired persons.

Section 399-e(5) Provides for a civil fine of 2,500 dollars for each
machine sold in violation of section 2 and a civil fine of 1,000
dollars per day per machine for violations of section 3 or 4.

 EXISTING LAW :
There are many laws to protect the civil rights of blind and visually
impaired persons, however, there is currently no requirement for
automated teller machines to be equipped to provide greater access for
visually impaired persons.

 JUSTIFICATION :
In today's modern, fast-paced economy many people enjoy the
convenience of using automated teller machines rather than waiting in
line to do their banking. Unfortunately, although some ATMs are
accessible to blind and visually impaired people most are not.
Additionally, even in the event that an ATM is equipped with raised or
Braille letters and numbers on the keypad the on-screen visual display
is often too small to be properly read. Technology exists where
on-screen information can be audibly verbalized to facilitate use by
blind and visually impaired persons. New York State has a long history
and tradition of helping those with disabilities overcome their
physical limitations and become more active in society. This bill
continues this great tradition.

 LEGISLATIVE HISTORY :
S.5808 of 2007 05/11/07 Referred to Consumer Protection

 FISCAL IMPLICATIONS :
None.

 LOCAL FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect on the 1st of January next succeeding 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.

2009-S135 (ACTIVE) - Bill Text download pdf

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

                                   135

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  Sen. SAMPSON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Consumer 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

S. 135                              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.

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Senate Bill S135

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Sponsored By

John L. Sampson