NY State Senate Bill 2017-S9076

Senate Bill S9076

2017-2018 Legislative Session

Requires internet service providers to develop and implement an emergency alert notification system

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 15, 2018	referred to rules

2017-S9076 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: General Business Law
Laws Affected:: Add §394-ccc, Gen Bus L

2017-S9076 (ACTIVE) - Summary

Requires internet service providers to develop and implement an emergency alert notification system; requires providers to develop and implement an alert system when clients are using video streaming services; requires alerts to scroll at the top or bottom of the video display.

2017-S9076 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S9076

SPONSOR: SEPULVEDA
 
TITLE OF BILL:  An act to amend the general business law, in relation
to requiring internet service providers to develop and implement an
emergency alert notification system

 
PURPOSE OR GENERAL IDEA OF BILL:

Requires internet service providers to develop and implement an emergen-
cy alert notification system

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1: The general business law is amended by adding a new section
394-ccc to read as follows: 394-ccc: Emergency alert notification
system; internet service providers.

1. As used in this section, the following terms shall have the following
meanings:

(a) "video streaming service" means an entity directly in the business,
for profit, of offering, promoting or providing access to films, tele-
vision shows or other video content for viewing on or through the inter-
net.

(b) "Internet service provider" means any person, business or organiza-
tion qualified to do business in this state that provides individuals,
corporations, or other entities with the ability to connect to the
internet through equipment that is located in this state.

(c) "Client" means a customer or participant who pays a fee and/or
submits identifying information to join an internet service provider in
order to access the internet.

(d) "New York clients" means a client who provides an in-state billing
address or zip code when registering with the provider

2. An internet service provider that supports the transmission of video
streaming services to New York clients shall develop and implement an
emergency alert notification system to be used while New York clients
access such video streaming service.

Section 2. This act shall take effect on the 90th day after it shall
have become law.

 
JUSTIFICATION:

As severe weather continues to rise in intensity and frequency, it has
become obvious that every means possible should be explored to ensure
New York State residents are provided with timely warnings of pending
storms.

This bill seeks to address current consumer behavior which is more and
more relying on less television broadcasts and cablecasts for their news
and entertainment. Today, consumers are relying on streaming video and
music that do not provide weather or emergency alerts as part of their
broadcast via Internet services. This situation poses a severe threat to

life and property if imminent storm warnings are not reaching consumers
who are streaming their music or videos when such storms are forecasted.

Therefore, this legislation seeks to remedy this problem by having
streaming services provide crawls to warn viewers of pending dangerous
weather and emergencies.

 
LEGISLATIVE HISTORY:

This bill is new legislation.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2017-S9076 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9076
 
                             I N  S E N A T E
 
                               June 15, 2018
                                ___________
 
 Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN  ACT  to  amend  the  general  business law, in relation to requiring
   internet service providers to develop and implement an emergency alert
   notification system
 
   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
 394-ccc to read as follows:
   §  394-CCC.  EMERGENCY  ALERT  NOTIFICATION  SYSTEM;  INTERNET SERVICE
 PROVIDERS. 1. AS USED IN THIS SECTION, THE FOLLOWING  TERMS  SHALL  HAVE
 THE FOLLOWING MEANINGS:
   (A)  "VIDEO  STREAMING  SERVICE" MEANS AN ENTITY DIRECTLY IN THE BUSI-
 NESS, FOR PROFIT, OF OFFERING, PROMOTING OR PROVIDING ACCESS  TO  FILMS,
 TELEVISION  SHOWS  OR  OTHER VIDEO CONTENT FOR VIEWING ON OR THROUGH THE
 INTERNET.
   (B) "INTERNET SERVICE PROVIDER" MEANS ANY PERSON, BUSINESS  OR  ORGAN-
 IZATION  QUALIFIED  TO  DO BUSINESS IN THIS STATE THAT PROVIDES INDIVID-
 UALS, CORPORATIONS, OR OTHER ENTITIES WITH THE ABILITY TO CONNECT TO THE
 INTERNET THROUGH EQUIPMENT THAT IS LOCATED IN THIS STATE.
   (C) "CLIENT" MEANS A CUSTOMER OR PARTICIPANT WHO  PAYS  A  FEE  AND/OR
 SUBMITS  IDENTIFYING INFORMATION TO JOIN AN INTERNET SERVICE PROVIDER IN
 ORDER TO ACCESS THE INTERNET.
   (D) "NEW YORK CLIENTS" MEANS A CLIENT WHO PROVIDES AN IN-STATE BILLING
 ADDRESS OR ZIP CODE WHEN REGISTERING WITH THE PROVIDER.
   2. AN INTERNET SERVICE PROVIDER  THAT  SUPPORTS  THE  TRANSMISSION  OF
 VIDEO STREAMING SERVICES TO NEW YORK CLIENTS SHALL DEVELOP AND IMPLEMENT
 AN EMERGENCY ALERT NOTIFICATION SYSTEM TO BE USED WHILE NEW YORK CLIENTS
 ACCESS  SUCH  VIDEO STREAMING SERVICE. SUCH EMERGENCY ALERT NOTIFICATION
 SYSTEM SHALL CONVEY TIMELY INFORMATION CONCERNING EMERGENCY INCIDENTS OR
 OCCURRENCES, INCLUDING, BUT NOT LIMITED TO SEVERE WEATHER, THAT POSE  AN
 IMMINENT  THREAT  TO THE HEALTH OR SAFETY OF A SUBSTANTIAL NUMBER OF NEW
 YORK CLIENTS IN A PARTICULAR LOCATION. SUCH EMERGENCY ALERT NOTIFICATION
 SYSTEM SHALL INCLUDE, BUT NOT BE LIMITED TO, SCROLLING EMERGENCY  INFOR-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD16323-01-8

 S. 9076                             2
 
 MATION  AT  THE  TOP  OR  BOTTOM  OF THE VIDEO STREAMING SERVICE'S VIDEO
 DISPLAY.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

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