NY State Senate Bill 2023-S736

Senate Bill S736

2023-2024 Legislative Session

Establishes a commission to study and report on the potential implementation of legislation, rules and regulations for an open internet for New Yorkers

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Current Bill Status - In Senate Committee Internet And Technology 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
Jan 03, 2024	referred to internet and technology
Jan 06, 2023	referred to internet and technology

co-Sponsors

2023-S736 (ACTIVE) - Details

See Assembly Version of this Bill:: A2675
Current Committee:: Senate Internet And Technology
Law Section:: State Technology
Versions Introduced in Other Legislative Sessions:: 2017-2018: S7759, A9059
2019-2020: S4746, A1555
2021-2022: S5033, A3762

2023-S736 (ACTIVE) - Summary

Establishes a commission to study and report on the potential implementation of legislation, rules and regulations for an open internet for New Yorkers.

2023-S736 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S736

SPONSOR: PARKER
 
TITLE OF BILL:

An act in relation to establishing a commission to study and report on
the potential implementation of legislation, rules and regulations for
an open internet for New Yorkers; and providing for the repeal of such
provisions upon expiration thereof

 
PURPOSE OR GENERAL IDEA OF BILL:

Relates to establishing a commission to study and report on the poten-
tial implementation of legislation, rules and regulations for an open
internet for New Yorkers

 
SUMMARY OF PROVISIONS:

Section 1 addresses the establishing of a 10 member commission to assess
and review the potential regulations of open internet for New Yorkers

Section 2 lists who the commission shall be made up of

Section 3 explains that the commission shall provide a report on their
research and findings to the Governor, Speaker of the Assembly, and
Tetporary President of the Senate, along with what the report shall
include and when.

Section 4 states that the act shall take effect immediately and shall
expire on January 1, 2025.

 
JUSTIFICATION:

In 2015, under the Obama administration, the Federal Communications
Commission (FCC) advanced rules that treated telecom companies and
Internet service providers (ISP) like utilities, aiming to stop them
from meddling with the Internet. The rules also prohibited ISPs from
charging tech companies or consumers for faster delivery of their music,
movies or other content - "fast lanes". In other words, content and data
were to be treated equally with respect to transferability, delivery
times, access and cost.

On Thursday, December 14, 2017, the FCC rolled back the rules. Current-
ly, broadband companies are free to pursue so-called paid prioritization
arrangements, if they choose to do so. In place of the previous net
neutrality protections, the FCC, under President Trump, is going to only
require the Internet service providers to be transparent about their
network practices.

The United States Congress should promulgate legislation protecting
content on the Internet and ensuring full access and open Internet to
all in America. New York State, however, has a duty to protect New York-
ers and New York consumers online. This bill would set up a commission
to study how New York State can advance legislation, rules and regu-
lations for an open Internet for New Yorkers.

 
PRIOR LEGISLATIVE HISTORY:

2021-2022: S5033 - REFERRED TO INTERNET AND TECHNOLOGY
2019-20: S4746 - Referred to Investigation and Government Operations

2017-18: S7759 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
Effective Immediately.

2023-S736 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    736
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2023
                                ___________
 
 Introduced by Sens. PARKER, SEPULVEDA -- read twice and ordered printed,
   and  when  printed  to  be  committed to the Committee on Internet and
   Technology
 
 AN ACT in relation to establishing a commission to study and  report  on
   the potential implementation of legislation, rules and regulations for
   an open internet for New Yorkers; and providing for the repeal of such
   provisions upon expiration thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. A ten-member commission is hereby established to assess the
 potential implementation of legislation, rules and  regulations  for  an
 open internet for New Yorkers.
   § 2. The commission shall be comprised of:
   (a) two members appointed by the temporary president of the senate;
   (b) two members appointed by the speaker of the assembly;
   (c) two members appointed by the governor;
   (d)  two  members  appointed  by  the chief information officer of the
 office of information technology services;
   (e) one member appointed by the minority leader of the senate; and
   (f) one member appointed by the minority leader of the assembly.
   § 3. The commission shall provide a report to the governor, the speak-
 er of the assembly and the temporary  president  of  the  senate  on  or
 before January 1, 2025. Such report shall include:
   (a)  any  impacts in the New York state internet market of the Federal
 Communications Commission's repeal of open internet regulations;
   (b) an analysis of potential legislation,  rules  and  regulations  to
 advance an open internet in New York state;
   (c)  any  incidences  of  throttling, blocking, or paid prioritization
 that have occurred by the internet service providers  serving  New  York
 state; and
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02885-01-3
 S. 736                              2

 
   (d)  recommendations  regarding  the  advancement of an open internet,
 along with legislative and regulatory proposals as the commission  deems
 necessary to implement such recommendations.
   §  4.  This  act shall take effect immediately and shall expire and be
 deemed repealed January 1, 2025.

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Senate Bill S736

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Sponsored By

Kevin S. Parker