Senate Bill S4932

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4932
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 17, 2023
                                ___________
 
 Introduced by Sens. PARKER, ADDABBO, COMRIE, GALLIVAN, LANZA, MANNION --
   read  twice  and  ordered printed, and when printed to be committed to
   the Committee on Finance
 
 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. Short title.  This act shall be known and may be  cited  as
 the "accessible electronic information act".
   §  2. Legislative finding. The National Federation of the Blind estab-
 lished the NFB-NEWSLINE to increase the  ability  of  visually  impaired
 individuals  to  receive  information provided by newspapers, magazines,
 journals and other print media which are traditionally unavailable in  a
 limited  electronic  broadcast.  Since  2002,  this  vital  service  has
 provided visually impaired New Yorkers with information on job listings,
 self-help magazines, do-it-yourself guides, political magazines, several
 newspapers, TV guide listings, and other literary necessities  that  all
 sighted  New  Yorkers  have  enjoyed. This legislation provides a stable
 means to bring NEWSLINE to New York.
   § 3. The public service law is amended by adding a new section 92-j to
 read as follows:
   § 92-J. ACCESSIBLE ELECTRONIC INFORMATION; BLIND AND DISABLED PERSONS.
 1. A QUALIFIED NOT-FOR-PROFIT ENTITY CAPABLE OF PROVIDING  SUCH  SERVICE
 SHALL  PROVIDE AN ACCESSIBLE ELECTRONIC INFORMATION SERVICE FOR ELIGIBLE
 BLIND AND DISABLED PERSONS. THIS SERVICE SHALL BE PLANNED FOR  CONTINUA-
 TION  FROM  YEAR TO YEAR AND MAKE MAXIMUM USE OF FEDERAL, STATE, PRIVATE
 AND OTHER FUNDS AVAILABLE, INCLUDING OBTAINING GRANT OR IN-KIND  SUPPORT
 FROM  APPROPRIATE  PROGRAMS  AND  SECURING 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06476-01-3
              

 S. 4932                             2
 
   (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 SELECTED NOT-FOR-PROFIT ENTI-
 TY;
   (D) "QUALIFIED ENTITY" MEANS A NOT-FOR-PROFIT ENTITY WITHIN THIS STATE
 CAPABLE OF PROVIDING ACCESSIBLE ELECTRONIC INFORMATION SERVICES 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.
   § 4. The state finance law is amended by adding a new section 99-qq to
 read as follows:
   § 99-QQ. 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.  FUNDING  FOR  THE  ACCESSIBLE  ELECTRONIC INFORMATION SERVICE FUND
 SHALL BE OBTAINED FROM AN ANNUAL ASSESSMENT, TO BE LEVIED BY THE  PUBLIC
 SERVICE COMMISSION, ON COMPANIES THAT PROVIDE TELECOMMUNICATION SERVICES
 TO  BLIND  AND DISABLED PERSONS, AS DEFINED BY PARAGRAPH (B) OF SUBDIVI-
 SION TWO OF SECTION NINETY-TWO-J OF THE PUBLIC  SERVICE  LAW,  INCLUDING
 BUT  NOT  LIMITED  TO, CERTIFIED TELECOMMUNICATION CARRIERS, CABLE TELE-
 VISION COMPANIES THAT OFFER TELEPHONE SERVICE, AND OTHER  COMPANIES  THE
 PUBLIC  SERVICE  COMMISSION  DEEMS TO BE A PROVIDER OF TELECOMMUNICATION
 SERVICES, FOR COSTS AND EXPENSES INCURRED  BY  QUALIFIED  NOT-FOR-PROFIT
 ENTITIES  PURSUANT  TO  SUBDIVISION  ONE  OF SECTION NINETY-TWO-J OF THE
 PUBLIC SERVICE LAW, BUT IN NO EVENT SHALL SUCH TOTAL  ANNUAL  ASSESSMENT
 EXCEED SEVENTY-FIVE THOUSAND DOLLARS.
   3.  NOTHING  CONTAINED  IN  THIS  SECTION SHALL PREVENT THE STATE FROM
 RECEIVING GRANTS, GIFTS OR BEQUESTS AND DEPOSITING THEM INTO THE  ACCES-
 SIBLE ELECTRONIC INFORMATION SERVICE FUND ACCORDING TO LAW.
   4.  THE ACCESSIBLE ELECTRONIC INFORMATION SERVICE FUND SHALL BE ADMIN-
 ISTERED BY THE DEPARTMENT OF PUBLIC SERVICE, IN  CONSULTATION  WITH  THE
 COMMISSIONER  OF THE NEW YORK STATE COMMISSION FOR THE BLIND, IN ACCORD-
 ANCE WITH THIS SECTION.
   § 5. This act shall take effect on the ninetieth day  after  it  shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  and  completed
 on before such effective date.