NY State Senate Bill 2011-S298

Senate Bill S298

2011-2012 Legislative Session

Requires telephone companies to provide essential equipment, including voice dialing equipment, to persons with disabilities

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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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to consumer protection
Mar 23, 2011	reported and committed to commerce, economic development and small business
Feb 22, 2011	notice of committee consideration - requested
Jan 05, 2011	referred to consumer protection

Votes

- Mar 23, 2011 - Consumer Protection Committee Vote
  S298
  
  3
  
  Aye
  
  4
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Consumer Protection Committee Vote: Mar 23, 2011
      
      aye (3)
      
      Adams
      
      Hassell-Thompson
      
      Huntley
      
      nay (4)
      
      Little
      
      Marcellino
      
      O'Mara
      
      Squadron
      
      aye wr (3)
      
      Ball
      
      Fuschillo
      
      Zeldin

co-Sponsors

2011-S298 (ACTIVE) - Details

See Assembly Version of this Bill:: A2226
Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add §399-zz-1, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S3096, A8110, A3730
2013-2014: S863, A671
2015-2016: S467
2017-2018: S4926

2011-S298 (ACTIVE) - Summary

Requires telephone companies to provide essential equipment, including voice dialing equipment, to persons with disabilities.

2011-S298 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S298

TITLE OF BILL:               REVISED 12/30/11
An act
to amend the general business law, in relation to providing telephone
equipment with voice dialing functions
to certain persons with
disabilities

PURPOSE OR GENERAL IDEA OF BILL:
This bill would update provisions of the Public Service Law to reflect
technological advances in adaptive telecommunications equipment.

SUMMARY OF PROVISIONS:
Section 1. Amends the General Business Law by adding a new section
399-zz-1. Defines voice dialing telephone equipment, consumer,
purchaser, and seller. Any manufacturer or 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.

Section 2. Every telephone corporation, as defined by 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
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 manufactures at cost.

Section 3. Effective Date

EXISTING LAW:
The current law is based on decades-old and outdated
technology, only certain services for the hearing impaired (TTY,
statewide relay service) are considered to be needed to enable people
with disabilities to access telecommunications.

JUSTIFICATION:
The provisions of the PSL addressing adaptive telecommunications
equipment have not remained current with technological advances. This
became apparent in 2005, when local telephone service providers
discontinued voice dialing equipment that is relied upon by people
with visual impairments without any formal review process.

Since the 1970's, there have been numerous advances in adaptive
equipment technology. People with disabilities can benefit from
amplified phones, screen readers - even phones that can be dialed by
puffing through a straw. This bill will make it easier for people
with disabilities to stay connected at home and work and will bring
the PSL's treatment of adaptive technology into the 21st century.
Except for voice dialing, the legislation does not specify particular
technologies, but allows the PSC to periodically update the list of
necessary adaptive technologies by adopting regulations.

PRIOR LEGISLATIVE HISTORY:
2011:    S.298 - Reported and Committed to Commerce, Economic
         Development and Small Business/A.2226 - Referred to


         Corporations, Authorities and Commissions
2009-10: S.3096B - Amend and Recommit to Energy and
         Telecommunications/A.8110A - Amend and Recommit to
         Corporations, Authorities and Commissions
2007-08: S.759 - Referred to Energy and Telecommunications/A.2105
Referred to Corporations, Authorities and Commissions
2005-06: S.6418 - Referred to Energy and Telecommunications/A.8029 -
         Referred to Corporations, Authorities and Commissions

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.

EFFECTIVE DATE:
This act shall take effect 180 Days after it shall have become law.

2011-S298 (ACTIVE) - Bill Text download pdf

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

                                   298

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

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.

                                                           LBD01878-01-1

S. 298                              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.

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Senate Bill S298

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Sponsored By

Ruben Diaz