S1288-2011 Actions

• Jan 4, 2012: REFERRED TO BANKS
• Jan 6, 2011: REFERRED TO BANKS

S1288-2011 Memo

BILL NUMBER:S1288

TITLE OF BILL:

An act
to amend the banking law, in relation to making ATMs accessible to the
visually impaired

PURPOSE OR GENERAL IDEA OF BILL:

To require ATMs to use both audio and visual systems of relaying
messages to its customers thus providing equal access for all
individuals.

SUMMARY OF SPECIFIC PROVISIONS:

The banking law is amended by adding a new article 2-D to require
that: 1. Any automated teller machine installed on or after the
effective date of this article shall transmit any message through
both (a) a visual transmission system, and (b) an audio transmission
system. 2. Any automated teller machine installed prior to the
effective date of this article shall, whenever an upgrade or
replacement of such automated teller machine becomes necessary, be
upgraded or replaced in such a manner so that such automated teller
machine shall transmit any message through both (a) a visual
transmission system, and (b) an audio transmission system.

JUSTIFICATION:

As technology increases, more and more people rely on automated teller
machines (ATMs) as a method for doing daily banking tasks. While many
ATMs currently have Braille labels indicating the functions of some
buttons, most machines do not have any non-visual method for reading
or relaying the sequence of messages that appear on the screen. All
individuals should have an equal opportunity to access these machines.

PRIOR LEGISLATIVE HISTORY:

2006: S.7127 (Duane), Died in Banking
2007: S.2314 (Duane), Died in Banking
2008: S.2314 (Duane), Died in Banking
2009: S.1519 (Duane), Died in Banking
2010: S.1519 (Duane), Died in Banking

FISCAL IMPLICATIONS:

None to the State.

EFFECTIVE DATE:

This act shall take effect 120 days after it shall have become a law;
provided that the superintendent of banks is authorized to promulgate
any and all rules and regulations and take any other measures
necessary to implement this act on its effective date on or before
such date.

S1288-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         1288
 2011-2012 Regular Sessions
 I N  SENATE
 January 6, 2011
 
 Introduced  by  Sen.  DUANE  -- read twice and ordered printed, and when
 printed to be committed to the Committee on Banks
 

AN ACT to amend the banking law, in relation to making  ATMs  accessible
 to the visually impaired
 

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

 

Section 1. The banking law is amended by adding a new article  2-D  to
 read as follows:

 ARTICLE II-D
 AUTOMATED TELLER MACHINE REQUIREMENTS
 SECTION 90-A. LEGISLATIVE FINDINGS.
 90-B. DEFINITIONS.
 90-C. AUTOMATED TELLER MACHINE REQUIREMENTS.
 

S 90-A. LEGISLATIVE FINDINGS. THE LEGISLATURE FINDS THAT AS TECHNOLOGY
 INCREASES, MORE AND MORE PEOPLE RELY ON AUTOMATED TELLER MACHINES (ATMS)
 AS A METHOD FOR DOING DAILY BANKING TASKS. THE LEGISLATURE FURTHER FINDS
 THAT  WHILE SOME ATMS CURRENTLY HAVE BRAILLE LABELS INDICATING THE FUNC
 TIONS OF SOME BUTTONS, MOST MACHINES DO NOT HAVE ANY  NON-VISUAL  METHOD
 FOR  READING  OR  RELAYING  THE  SEQUENCE OF MESSAGES THAT APPEAR ON THE
 SCREEN. THE LEGISLATURE THEREFORE  DECLARES  THAT  IT  IS  NECESSARY  TO
 ENSURE  THAT  ALL  INDIVIDUALS HAVE AN EQUAL OPPORTUNITY TO ACCESS THESE
 MACHINES.
 

S 90-B. DEFINITIONS. 1.   "AUTOMATED TELLER MACHINE"  SHALL  HAVE  THE
 SAME MEANING AS IS DEFINED IN SECTION SEVENTY-FIVE-B OF THIS CHAPTER.
 2.  "BANKING INSTITUTION" SHALL HAVE THE SAME MEANING AS IS DEFINED IN
 SECTION SEVENTY-FIVE-B OF THIS CHAPTER.
 3. "VISUAL TRANSMISSION SYSTEM" SHALL  MEAN  THE  GRAPHIC  DISPLAY  OF
 INFORMATION BY AN AUTOMATED TELLER MACHINE.
 4.  "AUDIO  TRANSMISSION SYSTEM" SHALL MEAN A SYSTEM THAT RECITES WITH
 SONIC CLARITY SUBSTANTIALLY THE SAME INFORMATION THAT IS CONVEYED  BY  A
 VISUAL TRANSMISSION SYSTEM.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01128-01-1
 
       S. 1288                             2
 

S 90-C. AUTOMATED TELLER MACHINE REQUIREMENTS.  EVERY BANKING INSTITU
 TION  SHALL  MAINTAIN THE FOLLOWING REQUIREMENTS WITH RESPECT TO EACH OF
 THE AUTOMATED TELLER MACHINES WITHIN ITS DOMINION AND CONTROL TO PROVIDE
 EQUAL ACCESS FOR ALL INDIVIDUALS.
 1.  ANY  AUTOMATED  TELLER MACHINE INSTALLED ON OR AFTER THE EFFECTIVE
 DATE OF THIS ARTICLE SHALL TRANSMIT ANY MESSAGE THROUGH BOTH (A) A VISU
 AL TRANSMISSION SYSTEM, AND (B) AN AUDIO TRANSMISSION SYSTEM.
 2. ANY AUTOMATED TELLER MACHINE INSTALLED PRIOR TO THE EFFECTIVE  DATE
 OF  THIS ARTICLE SHALL, WHENEVER AN UPGRADE OR REPLACEMENT OF SUCH AUTO
 MATED TELLER MACHINE BECOMES NECESSARY, BE UPGRADED OR REPLACED IN  SUCH
 A  MANNER  SO  THAT  SUCH  AUTOMATED  TELLER  MACHINE SHALL TRANSMIT ANY
 MESSAGE THROUGH BOTH (A) A VISUAL TRANSMISSION SYSTEM, AND (B) AN  AUDIO
 TRANSMISSION SYSTEM.
 

S 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law; provided that the superintendent of banks is
 authorized  to promulgate any and all rules and regulations and take any
 other measures necessary to implement this act on its effective date  on
 or before such date.

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