NY State Senate Bill 2017-S2868

Senate Bill S2868

2017-2018 Legislative Session

Directs public service commission to require telephone corporations to provide free directory information or assistance to certain eligible disabled persons

download bill text pdf

Archive: Last Bill Status - In Senate Committee Energy And Telecommunications 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to energy and telecommunications
Jan 18, 2017	referred to energy and telecommunications

2017-S2868 (ACTIVE) - Details

Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Add §92-h, Pub Serv L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S3938
2011-2012: S3529
2013-2014: S850
2015-2016: S2568
2019-2020: S3573

2017-S2868 (ACTIVE) - Summary

Directs the public service commission to require all telephone corporations to provide free directory information or assistance to blind persons meeting specified visual acuity standards and also to certain other physically handicapped persons who are certified as meeting certain specified criteria; requires that the public service commission establish procedures by which free access to directory information and assistance is automatically registered as exempt from all charges; makes related provisions.

2017-S2868 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2868

 TITLE OF BILL :  An act to amend the public service law, in relation
to mandating directory information or assistance for certain eligible
persons at no cost to such persons


 PURPOSE :

Requires that all telephone corporations provide directory information
or assistance to eligible persons at no cost to such persons. The
eligibility criteria used is that which the Library of Congress has
approved for federal services relating to visually impaired
individuals. This legislation also requires that the Public Service
Commission establish procedures by which free access to this
information and assistance is automatically registered, so those who
qualify as being exempt from all charges do not have these charges
listed on their bill.

 SUMMARY OF PROVISIONS :

Section 1: Adds a new § 92-h to the Public Service Law that requires
telephone corporations to provide information and assistance to
eligible persons at no cost. The following persons are eligible to
receive this service: (1) Blind persons whose visual acuity, as
determined by competent authority, is 20/200 or less in the better eye

with correcting lenses, or whose widest diameter of visual field
subtends angular distance no greater than 20 degrees; (2) Other
physically handicapped persons are eligible as follows: (A) persons
whose visual disability, with correction and regardless of optical
measurement, is certified by competent authority as preventing the
reading of standard printed material; (B) persons certified by
competent authority as unable to read or unable to use standard
printed material as a result of physical limitations; (C) persons
certified by competent authority as having a reading disability
resulting from organic dysfunction and of sufficient severity to
prevent their reading printed material in a normal manner. Also
ensures that this service be automatically registered in order to keep
these charges from appearing on such person's bill.

Section 2: This act shall take effect on the 120th day after it shall
have become law.

 JUSTIFICATION :

Those who are legally blind or substantially visually impaired must
use directory assistance to locate phone numbers. This legislation
mandates that qualified persons receive this service at no cost. New
York Telephone currently allows for legally blind persons to receive
directory assistance and information free of charge. However, there
have been instances where those persons entitled to securing free
services have received their monthly phone bills only to discover that
they have been billed for such services. This can create problems,
especially for those who are currently eligible, as they must call the
phone company each month to have these charges removed from their
bill. This legislation mandates that these persons be automatically
registered, so the charges for directory information and assistance
will not appear on each month's bill.

 LEGISLATIVE HISTORY :

2015-16: S.2568 - Referred to Energy and Telecommunications
2013-14: S.850A - Referred to Energy and Telecommunications
2011-12: S.3529(Oppenheimer) - Referred to Energy and
Telecommunications

2009-10: S.3938(Oppenheimer) - Referred to Energy and
Telecommunications
2007-08: S.3461(Oppenheimer) - Referred to Energy and
Telecommunications
2005-06: S.3884(Oppenheimer) - Referred to Energy and
Telecommunications
2003-04: S.3698(Oppenheimer) - Referred to Energy and
Telecommunications
2001-02: S.4810(Oppenheimer) - Referred to Energy and
Telecommunications
1999-00: S.929(Oppenheimer) - Referred to Energy and
Telecommunications
1997-98: S.1675(Abate)/A.3032 - Referred to Energy and
Telecommunications
1995-96: S.7284/A.4236 - Referred to Energy and Telecommunications

 FISCAL IMPLICATIONS :

 EFFECTIVE DATE :
This act shall take effect on the one hundred twentieth day after it
shall have become a law except that any rules and regulations
necessary for the timely implementation of this act on its effective
date shall be promulgated on or before such date.

2017-S2868 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2868
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 18, 2017
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on  Energy  and  Telecommuni-
   cations
 
 AN  ACT to amend the public service law, in relation to mandating direc-
   tory information or assistance for certain eligible persons at no cost
   to such persons

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The public service law is amended by adding a new section
 92-h to read as follows:
   § 92-H. DIRECTORY ASSISTANCE FOR ELIGIBLE PERSONS. 1.  THE  COMMISSION
 SHALL  REQUIRE  ALL TELEPHONE CORPORATIONS TO PROVIDE DIRECTORY INFORMA-
 TION OR ASSISTANCE TO ELIGIBLE PERSONS, AS PROVIDED IN  SUBDIVISION  TWO
 OF  THIS  SECTION,  AT  NO  COST TO SUCH PERSONS.   THE COMMISSION SHALL
 ESTABLISH PROCEDURES BY WHICH FREE ACCESS TO SUCH INFORMATION OR ASSIST-
 ANCE FOR SUCH PERSONS IS AUTOMATICALLY REGISTERED  AS  EXEMPT  FROM  ALL
 CHARGES.
   2.  THE  FOLLOWING  PERSONS  ARE ELIGIBLE FOR SERVICE PURSUANT TO THIS
 SECTION:
   (A) BLIND PERSONS WHOSE VISUAL  ACUITY,  AS  DETERMINED  BY  COMPETENT
 AUTHORITY,  IS  20/200 OR LESS IN THE BETTER EYE WITH CORRECTING LENSES,
 OR WHOSE WIDEST DIAMETER OF VISUAL FIELD SUBTENDS  ANGULAR  DISTANCE  NO
 GREATER THAN TWENTY DEGREES.
   (B) OTHER PHYSICALLY HANDICAPPED PERSONS ARE ELIGIBLE AS FOLLOWS:
   (I) PERSONS WHOSE VISUAL DISABILITY, WITH CORRECTION AND REGARDLESS OF
 OPTICAL  MEASUREMENT,  IS CERTIFIED BY COMPETENT AUTHORITY AS PREVENTING
 THE READING OF STANDARD PRINTED MATERIAL.
   (II) PERSONS CERTIFIED BY COMPETENT AUTHORITY AS  UNABLE  TO  READ  OR
 UNABLE  TO USE STANDARD PRINTED MATERIAL AS A RESULT OF PHYSICAL LIMITA-
 TIONS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07394-01-7

 S. 2868                             2
 
   (III) PERSONS CERTIFIED BY COMPETENT AUTHORITY  AS  HAVING  A  READING
 DISABILITY RESULTING FROM ORGANIC DYSFUNCTION AND OF SUFFICIENT SEVERITY
 TO PREVENT THEIR READING OF PRINTED MATERIAL IN A NORMAL MANNER.
   (C) CERTIFYING AUTHORITY:
   (I) IN CASES OF BLINDNESS, VISUAL IMPAIRMENT, OR PHYSICAL LIMITATIONS,
 "COMPETENT AUTHORITY" IS DEFINED TO INCLUDE DOCTORS OF MEDICINE; DOCTORS
 OF OSTEOPATHY; OPHTHALMOLOGISTS; OPTOMETRISTS; REGISTERED NURSES; THERA-
 PISTS;  AND PROFESSIONAL STAFF OF HOSPITALS, INSTITUTIONS, AND PUBLIC OR
 PRIVATE WELFARE AGENCIES (E.G., SOCIAL WORKERS, CASEWORKERS, COUNSELORS,
 REHABILITATION TEACHERS, AND SUPERINTENDENTS).
   (II) IN THE CASE  OF  READING  DISABILITY  FROM  ORGANIC  DYSFUNCTION,
 COMPETENT  AUTHORITY  IS  DEFINED  AS DOCTORS OF MEDICINE AND DOCTORS OF
 OSTEOPATHY WHO MAY CONSULT WITH COLLEAGUES IN ASSOCIATED DISCIPLINES.
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law. Any rules and regulations necessary for  the
 timely implementation of this act on its effective date shall be promul-
 gated on or before such date.

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