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

                                 2916--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 22, 2013
                               ___________

Introduced  by  M. of A. PRETLOW, LUPARDO -- Multi-Sponsored by -- M. of
  A. CLARK -- read once and referred to the Committee  on  Corporations,
  Authorities  and Commissions -- recommitted to the Committee on Corpo-
  rations, Authorities and Commissions in accordance with Assembly  Rule
  3,  sec. 2 -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

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".
  S  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.
  S 3. The public service law is amended by adding a new section 92-h to
read as follows:
  S 92-H. 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.
                                                           LBD02775-03-4

A. 2916--A                          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.
  S 4. The state finance law is amended by adding a new section 99-v  to
read as follows:
  S  99-V.  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:
  A.  THE  TARGETED  ACCESSIBILITY FUND, INC., ESTABLISHED BY THE PUBLIC
SERVICE COMMISSION IN ITS "ORDER AND OPINION 98-10" IN AN AMOUNT  DEEMED
APPROPRIATE  FOR  THE  PURPOSE  OF  PROVIDING ELECTRONIC DISTRIBUTION OF
NEWSPAPERS, PERIODICALS, TIME SENSITIVE MATERIALS, AND OTHER INFORMATION
WHICH MAY BE OF BENEFIT TO THE COMMUNITY; AND
  B. THE NEW YORK STATE COMMISSION FOR THE BLIND  IN  AN  AMOUNT  DEEMED
APPROPRIATE BY THE COMMISSIONER FOR PROVIDING ELECTRONIC DISTRIBUTION OF
NEWSPAPERS, PERIODICALS, TIME SENSITIVE MATERIALS, AND OTHER INFORMATION
WHICH MAY BE OF BENEFIT TO THE COMMUNITY.
  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 PUBLIC  SERVICE  COMMISSION,  IN  CONSULTATION  WITH  THE
DIRECTOR AND THE COMMISSIONER, IN ACCORDANCE WITH THIS SECTION.
  5.  THE  PUBLIC SERVICE COMMISSION SHALL REQUIRE COMPANIES WHO PROVIDE
TELECOMMUNICATION SERVICES TO BLIND AND DISABLED PERSONS, AS DEFINED  IN
PARAGRAPH  (B)  OF SUBDIVISION TWO OF SECTION NINETY-TWO-H OF THE PUBLIC
SERVICE LAW, INCLUDING BUT NOT LIMITED TO,  CERTIFIED  TELECOMMUNICATION
CARRIERS,  CABLE  TELEVISION COMPANIES THAT OFFER TELEPHONE SERVICE, AND
OTHER COMPANIES THE PUBLIC SERVICE COMMISSION DEEMS TO BE A PROVIDER  OF
TELECOMMUNICATION  SERVICES, TO CONTRIBUTE TO THE TARGETED ACCESSIBILITY
FUND, INC. FOR THE PURPOSE OF INCREASING FUNDING TO  COMPLY  WITH  PARA-
GRAPH (A) OF SUBDIVISION TWO OF THIS SECTION.
  S  5.  This  act shall take effect on the ninetieth day after it shall
have become a law; provided, however, that  effective  immediately,  the
addition,  amendment  and/or  repeal of any rule or regulation necessary
for the implementation of this act on its effective date  is  authorized
and directed to be made and completed on or before such effective date.