Directs telephone corporations to use information regarding federal and state assistance programs that qualify recipients for telephone lifeline service in offering such service.

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S1261-2013 Actions

• Jan 9, 2013: REFERRED TO ENERGY AND TELECOMMUNICATIONS

S1261-2013 Memo

BILL NUMBER:S1261

TITLE OF BILL:
An act
to amend the public service law, in relation to providing for the
identification of federal and state assistance programs which qualify
recipients for telephone Lifeline service

PURPOSE OR GENERAL IDEA OF BILL:
The bill would expand the number of New Yorkers that qualify for
telephone lifeline service.

SUMMARY OF SPECIFIC PROVISIONS:
The bill would add a new section 92-g to the public Service Law that
would identify 11 federal and state programs, participation in which
would qualify a family to receive lifeline telephone service, and
would allow the public Service commission to further designate such
programs.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:
Currently the qualifying programs are established by federal law and
regulations of the Public Service Commission. This would be the first
time that such programs are identified in state statute.

JUSTIFICATION:
As a consequence of "welfare reform," fewer New Yorkers qualify for
the programs that would currently allow them to receive lifeline
telephone service. These people are no less poor and no less in need
of low cost telephone service. By expanding the list of qualifying
programs, the state can cause more New Yorkers to benefit from this
program which is mostly paid for by federal dollars.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.

PRIOR LEGISLATIVE HISTORY:
S.1771 of 2011-2012 - Referred to Energy and Telecommunications
S.1771 of 2010-2011 - Referred to Energy and Telecommunications
S.3446 of 2009-2010 - Referred to Energy and Telecommunications
A.9129 of 2007-2008 - Passed Assembly & Referred to Corporations,
Authorities & Commissions in the Senate

EFFECTIVE DATE:
This act shall take effect January 1, 2015.

S1261-2013 Text

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

                                    1261

                         2013-2014 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 9, 2013
                                 ___________

  Introduced  by  Sen. PERKINS -- read twice and ordered printed, and when
    printed to be committed to the Committee on  Energy  and  Telecommuni-
    cations

  AN ACT to amend the public service law, in relation to providing for the
    identification  of federal and state assistance programs which qualify
    recipients for telephone Lifeline service

    THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section  1.  The public service law is amended by adding a new section
  92-g to read as follows:

    S 92-G. QUALIFICATION FOR TELEPHONE LIFELINE SERVICE.  1. THE  COMMIS-
  SION  SHALL ADOPT RULES AND REGULATIONS, IN ACCORDANCE WITH FEDERAL LAWS
  AND REGULATIONS, WHICH WOULD REQUIRE THAT  EVERY  TELEPHONE  CORPORATION
  OFFERING A RETAIL LOCAL SERVICE THAT IS DEFINED PURSUANT TO SUBPART E OF
  PART  FIFTY-FOUR OF TITLE FORTY-SEVEN OF THE CODE OF FEDERAL REGULATIONS
  AS A LIFELINE SERVICE AND RECEIVING FEDERAL  UNIVERSAL  SERVICE  SUPPORT
  PURSUANT  TO  SUCH  SUBPART FOR SUCH SERVICE PROVIDE SUCH SERVICE TO ALL
  CUSTOMERS WHO ARE IDENTIFIED BY SUCH COMPANY THROUGH  CUSTOMER  SUPPLIED
  INFORMATION  OR  THROUGH  INFORMATION  SUPPLIED  BY  A  THIRD PARTY AS A
  PARTICIPANT OR ELIGIBLE TO BE A PARTICIPANT IN:

    (A) ANY OF THE FOLLOWING FEDERAL OR STATE ASSISTANCE PROGRAMS:

    (I) MEDICAID,
    (II) FOOD STAMPS,
    (III) SUPPLEMENTAL SECURITY INCOME,
    (IV) LOW-INCOME HOME ENERGY ASSISTANCE,
    (V) STATE FAMILY ASSISTANCE,
    (VI) STATE SAFETY NET ASSISTANCE,
    (VII) VETERAN'S DISABILITY PENSION,
    (VIII) VETERAN'S SURVIVING SPOUSE PENSION,
    (IX) NATIONAL SCHOOL LUNCH PROGRAM,

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD04232-01-3

 S. 1261                             2

    (X) STATE EARNED INCOME TAX CREDIT, OR
    (XI)  CHILD  HEALTH  PLUS, AS A RECIPIENT OF FREE OR SUBSIDIZED HEALTH
  COVERAGE, OR FAMILY HEALTH PLUS; OR
    (B) SUCH ADDITIONAL FEDERAL OR STATE ASSISTANCE  PROGRAMS  AS  MAY  BE
  DESIGNATED  BY THE COMMISSION AS A PROGRAM THAT WILL QUALIFY THE PARTIC-
  IPANT FOR SUCH LIFELINE RATE.
    2.  THE COMMISSION SHALL ADOPT RULES AND  REGULATIONS,  IN  ACCORDANCE
  WITH FEDERAL LAWS AND REGULATIONS, ESTABLISHING ELIGIBILITY CRITERIA FOR
  CONSUMERS  THAT ARE NOT ENROLLED IN FEDERAL OR STATE ASSISTANCE PROGRAMS
  THAT WOULD QUALIFY SUCH  CONSUMERS  FOR  SUCH  LIFELINE  RATE.  FOR  THE
  PURPOSES  OF  THIS  SECTION,  THE  COMMISSION SHALL USE SOLELY INCOME OR
  OTHER FACTORS DIRECTLY RELATED TO INCOME IN DETERMINING THE  ELIGIBILITY
  CRITERIA.
    3.  THE  COMMISSION  WILL  ALSO  ESTABLISH RULES REQUIRING EVERY CABLE
  TELEVISION COMPANY, AS DEFINED IN SECTION TWO  HUNDRED  TWELVE  OF  THIS
  CHAPTER  THAT  PROVIDES  TELEPHONE  SERVICE TO CUSTOMERS IN NEW YORK, TO
  CONTRIBUTE TO THE TARGETED ASSISTANCE FUND  TO  HELP  SUPPORT  COMPANIES
  THAT CHOOSE TO OFFER LIFELINE SERVICE TO THEIR CUSTOMERS.
    4.  FOR  PURPOSES OF THIS SECTION, THE "TARGETED ASSISTANCE FUND" IS A
  FUND CREATED IN PUBLIC  SERVICE  COMMISSION  CASE  06-02-1998,  AND  WAS
  DESIGNED  BY THE COMMISSION TO FUND PROGRAMS SUCH AS LIFELINE, EMERGENCY
  SERVICES (E911), AND THE TELECOMMUNICATIONS RELAY SERVICE FOR THE  HEAR-
  ING IMPAIRED (TRS), ON A COMPETITIVELY NEUTRAL BASIS.
    S 2. This act shall take effect January 1, 2015.