S T A T E O F N E W Y O R K
________________________________________________________________________
3599
2019-2020 Regular Sessions
I N S E N A T E
February 11, 2019
___________
Introduced by Sens. PARKER, ADDABBO, CARLUCCI, COMRIE, GRIFFO, KENNEDY,
MONTGOMERY, RANZENHOFER, SAVINO -- read twice and ordered printed, and
when printed to be committed to the Committee on Energy and Telecommu-
nications
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-i to
read as follows:
§ 92-I. 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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04954-01-9
S. 3599 2
2. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
ING MEANINGS, UNLESS OTHERWISE INDICATED:
(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-ff to
read as follows:
§ 99-FF. 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-I 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.
§ 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 on or before
such effective date.