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

                                   671

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M.  of  A. GIBSON, HOOPER, SCARBOROUGH, SCHIMEL, COOK --
  read once and referred to the Committee on  Corporations,  Authorities
  and Commissions

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD00679-01-3

A. 671                              2

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 manufacturers at cost.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.