S T A T E   O F   N E W   Y O R K
________________________________________________________________________
                                   863
                       2013-2014 Regular Sessions
                            I N  S E N A T E
                               (PREFILED)
                             January 9, 2013
                               ___________
Introduced  by  Sen.  DIAZ  --  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 providing tele-
  phone equipment with voice dialing functions to certain  persons  with
  disabilities
  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-zz-1 to read as follows:
  S 399-ZZ-1. RESIDENTIAL VOICE DIALING TELEPHONE EQUIPMENT. 1.  FOR THE
PURPOSES OF THIS SECTION: (A) "VOICE DIALING TELEPHONE EQUIPMENT"  SHALL
MEAN  CUSTOMER  PREMISES  EQUIPMENT SUCH AS TELEPHONE HANDSETS, DESIGNED
FOR USE ON THE RESIDENTIAL PREMISES OF  A  VISUALLY-IMPAIRED  PERSON  TO
ORIGINATE, ROUTE OR TERMINATE A TELEPHONE CALL;
  (B) "CONSUMER" OR "PURCHASER" SHALL MEAN: (I) A CERTIFIED VISUALLY-IM-
PAIRED  RETAIL CUSTOMER WHO PURCHASES SUCH EQUIPMENT FOR PERSONAL USE IN
A PLACE OF RESIDENCE WHERE THE ADDITION OF SUCH EQUIPMENT  IS  NECESSARY
TO ENABLE SUCH CONSUMER TO MAKE A TELEPHONE CALL AND THAT (II) MEETS THE
INCOME ELIGIBILITY REQUIREMENTS FOR THE NEW YORK LIFELINE PROGRAM; AND
  (C)  "SELLER" SHALL MEAN ANY RETAILER, DISTRIBUTOR OR MANUFACTURER WHO
SELLS OR OFFERS FOR SALE RESIDENTIAL VOICE DIALING  TELEPHONE  EQUIPMENT
DIRECTLY  TO  A CONSUMER OR PURCHASER OR PLACES IN THE CHAIN OF DISTRIB-
UTION SUCH EQUIPMENT TO BE ULTIMATELY SOLD TO A CONSUMER.
  2. ANY MANUFACTURER OF RESIDENTIAL VOICE DIALING  TELEPHONE  EQUIPMENT
SHALL  OFFER  FOR  SALE  SUCH EQUIPMENT TO CONSUMERS, AS DEFINED IN THIS
SECTION, AT AN AMOUNT NOT TO EXCEED THE ACTUAL COST OF MANUFACTURING THE
EQUIPMENT.
  S 2. Every telephone corporation, as  defined  in  section  2  of  the
public  service  law,  and every cable television company, as defined in
section 212 of public service law and any other  provider  of  telephone
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              
             
                          
                                                                           LBD00679-01-3
S. 863                              2
service  that  provides telephone service to customers in New York state
shall provide notice to  its  customers  that  voice  dialing  telephone
equipment is available from manufacturers at cost.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.