S T A T E O F N E W Y O R K
________________________________________________________________________
1288
2011-2012 Regular Sessions
I N S E N A T E
January 6, 2011
___________
Introduced by Sen. DUANE -- read twice and ordered printed, and when
printed to be committed to the Committee on Banks
AN ACT to amend the banking law, in relation to making ATMs accessible
to the visually impaired
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The banking law is amended by adding a new article 2-D to
read as follows:
ARTICLE II-D
AUTOMATED TELLER MACHINE REQUIREMENTS
SECTION 90-A. LEGISLATIVE FINDINGS.
90-B. DEFINITIONS.
90-C. AUTOMATED TELLER MACHINE REQUIREMENTS.
S 90-A. LEGISLATIVE FINDINGS. THE LEGISLATURE FINDS THAT AS TECHNOLOGY
INCREASES, MORE AND MORE PEOPLE RELY ON AUTOMATED TELLER MACHINES (ATMS)
AS A METHOD FOR DOING DAILY BANKING TASKS. THE LEGISLATURE FURTHER FINDS
THAT WHILE SOME ATMS CURRENTLY HAVE BRAILLE LABELS INDICATING THE FUNC-
TIONS OF SOME BUTTONS, MOST MACHINES DO NOT HAVE ANY NON-VISUAL METHOD
FOR READING OR RELAYING THE SEQUENCE OF MESSAGES THAT APPEAR ON THE
SCREEN. THE LEGISLATURE THEREFORE DECLARES THAT IT IS NECESSARY TO
ENSURE THAT ALL INDIVIDUALS HAVE AN EQUAL OPPORTUNITY TO ACCESS THESE
MACHINES.
S 90-B. DEFINITIONS. 1. "AUTOMATED TELLER MACHINE" SHALL HAVE THE
SAME MEANING AS IS DEFINED IN SECTION SEVENTY-FIVE-B OF THIS CHAPTER.
2. "BANKING INSTITUTION" SHALL HAVE THE SAME MEANING AS IS DEFINED IN
SECTION SEVENTY-FIVE-B OF THIS CHAPTER.
3. "VISUAL TRANSMISSION SYSTEM" SHALL MEAN THE GRAPHIC DISPLAY OF
INFORMATION BY AN AUTOMATED TELLER MACHINE.
4. "AUDIO TRANSMISSION SYSTEM" SHALL MEAN A SYSTEM THAT RECITES WITH
SONIC CLARITY SUBSTANTIALLY THE SAME INFORMATION THAT IS CONVEYED BY A
VISUAL TRANSMISSION SYSTEM.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01128-01-1
S. 1288 2
S 90-C. AUTOMATED TELLER MACHINE REQUIREMENTS. EVERY BANKING INSTITU-
TION SHALL MAINTAIN THE FOLLOWING REQUIREMENTS WITH RESPECT TO EACH OF
THE AUTOMATED TELLER MACHINES WITHIN ITS DOMINION AND CONTROL TO PROVIDE
EQUAL ACCESS FOR ALL INDIVIDUALS.
1. ANY AUTOMATED TELLER MACHINE INSTALLED ON OR AFTER THE EFFECTIVE
DATE OF THIS ARTICLE SHALL TRANSMIT ANY MESSAGE THROUGH BOTH (A) A VISU-
AL TRANSMISSION SYSTEM, AND (B) AN AUDIO TRANSMISSION SYSTEM.
2. ANY AUTOMATED TELLER MACHINE INSTALLED PRIOR TO THE EFFECTIVE DATE
OF THIS ARTICLE SHALL, WHENEVER AN UPGRADE OR REPLACEMENT OF SUCH AUTO-
MATED TELLER MACHINE BECOMES NECESSARY, BE UPGRADED OR REPLACED IN SUCH
A MANNER SO THAT SUCH AUTOMATED TELLER MACHINE SHALL TRANSMIT ANY
MESSAGE THROUGH BOTH (A) A VISUAL TRANSMISSION SYSTEM, AND (B) AN AUDIO
TRANSMISSION SYSTEM.
S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided that the superintendent of banks is
authorized to promulgate any and all rules and regulations and take any
other measures necessary to implement this act on its effective date on
or before such date.