NY State Senate Bill 2021-S6194A

Senate Bill S6194A

Signed By Governor

2021-2022 Legislative Session

Relates to establishing a 9-8-8 suicide prevention and mental health crisis hotline system

download bill text pdf

Archive: Last Bill Status - Signed by Governor

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
Dec 22, 2021	approval memo.145 signed chap.793
Dec 10, 2021	delivered to governor
Jun 10, 2021	returned to senate passed assembly ordered to third reading rules cal.793 substituted for a7177b
Jun 08, 2021	referred to ways and means delivered to assembly passed senate
Jun 07, 2021	ordered to third reading cal.1556 committee discharged and committed to rules
Jun 05, 2021	print number 6194b
Jun 05, 2021	amend (t) and recommit to mental health
Jun 01, 2021	print number 6194a
Jun 01, 2021	amend (t) and recommit to mental health
Apr 30, 2021	committee discharged and committed to mental health
Apr 14, 2021	referred to local government

Votes

- Jun 8, 2021 - Floor Vote
  S6194A
  
  63
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 8, 2021
      
      aye (63)
      
      Addabbo Jr.
      
      Akshar
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Breslin
      
      Brisport
      
      Brooks
      
      Brouk
      
      Comrie
      
      Cooney
      
      Felder
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martucci
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rath III
      
      Reichlin-Melnick
      
      Ritchie
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Weik
  Jun 7, 2021 - Rules Committee Vote
  S6194A
  
  21
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 7, 2021
      
      aye (21)
      
      Addabbo Jr.
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Comrie
      
      Gallivan
      
      Gianaris
      
      Griffo
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mayer
      
      O'Mara
      
      Ortt
      
      Parker
      
      Ritchie
      
      Savino
      
      Stewart-Cousins

Bill Amendments

Original

B (Active)

co-Sponsors

2021-S6194 - Details

Law Section:: County Law
Laws Affected:: Add Art 6-B §§340 - 341, County L; amd §186-f, add §186-h, Tax L; add §97-bbbb, St Fin L

2021-S6194 - Summary

Establishes a 9-8-8 suicide prevention and mental health crisis hotline system; provides crisis intervention services and crisis care coordination to individuals accessing the 9-8-8 suicide prevention and mental health crisis hotline.

2021-S6194 - Sponsor Memo

                                
 
BILL NUMBER: S6194

SPONSOR: BROUK
 
TITLE OF BILL:  An act to amend the county law, in relation to a 9-8-8
suicide prevention and mental health crisis hotline system


 
PURPOSE:

To establish a three-digit, 9-8-8 suicide prevention and mental health
crisis hotline system that will save lives by connecting people experi-
encing mental health crisis with compassionate, lifesaving, and
culturally competent mental health care services.

 
SUMMARY OF PROVISIONS:

Section 1. The short title of this bill is "9-8-8 Suicide Prevention and
Mental Health Crisis Act"

Section 2. Adds a new Article 6-B to the county law. The new article
contains five sections as follows:

§ 340 sets forth definitions.

§ 341 Requires the commissioner of the department of public service, the
commissioner of the office of mental health and the commissioner of
addiction services and supports to designate on or before July 16, 2022,
a crisis hotline center or centers to provide crisis care coordination
to individuals accessing the 9-8-8 suicide prevention and mental health
crisis hotline from anywhere within New York State 24 hours a day, 7
days a week; requires the the commissioner of the office of mental
health and the commissioner of addiction services and supports to submit
an annual report on the 9-8-8 suicide prevention and mental health
crisis hotline's usage, services and impact.

§ 342 Requires the commissioner of the office of mental health and the
commissioner of addiction services and supports to provide onsite
response services using mobile crisis teams; defines the types of
personnel that will comprise mobile crisis teams.

§ 343 Requires the commissioner of the department of taxation and
finance, the commissioner of the office of mental health and the commis-
sioner of addiction services and supports to establish and maintain a
9-8-8 trust fund; prohibits monies in the 9-8-8 trust fund from being
transferred or used for other purposes; and requires the commissioner of
the department of taxation and finance, the commissioner of the office
of mental health and the commissioner of addiction services and supports
to submit an annual report of all fund deposits and expenditures into
the 9-8-8 trust fund to the Governor, Temporary President of the Senate,
Speaker of the Assembly, Minority Leader of the Senate, Minority Leader
of the Assembly, and the Chair of the Federal Communications Commission.

§ 344 Requires the commissioner of the department of public service to
establish a monthly fee at a fixed rate on each New York resident that
subscribes to cell phone and text message services. This monthly fee
shall be used for the operation and maintenance of a 9-8-8-suicide
prevention and mental health crisis system and the continuum of services
provided. Individuals who are subscribers to the federal lifeline
program are exempt from this monthly fee.
Section 3. This act shall take effect immediately.

 
JUSTIFICATION:

According to the American Foundation for Suicide Prevention, suicide is
the 12th leading cause of death in New York. In 2020, for every 100,000
New Yorkers, 8.28 lose their life to suicide. Suicide is the second
leading death for people between the ages of 10 and 34 years old. For
individuals between the ages of 35 and 54, suicide is the fourth leading
cause of death.

On October 19, 2020, the National Suicide Prevention Designation Act was
signed into law to transform the ten-digit, 800-273-8255 number into an
easy to remember, three-digit, 9-8-8 number that will connect individ-
uals at risk for suicide, as well as those experiencing mental health
and substance abuse crises, to trained, National Suicide Prevention
Lifeline counselors. Currently, 9-1-1 is the only system used for all
emergencies, including mental health emergencies. This new 9-8-8 life-
line puts in practice a safer and more equitable response to mental
health, substance abuse, and suicidal crises.  Mental health crisis
calls can result in potentially dangerous and traumatizing outcomes when
police are called, particularly in underserved and underrepresented
communities. This appeared vividly evident in Rochester, NY, on the
evening of March 23, 2020, when Daniel Prude, a 41-year-old African
American man, was injured after being physically restrained by City of
Rochester police officers.  Daniel Prude was suffering from a mental
health episode after ingesting PCP and was walking naked in the city's
streets. The officers placed a spit hood over Mr. Prude's head after he
began spitting while he sat naked on the ground during winter weather. A
week later, Mr. Prude succumbed to his injuries and died.

Unfortunately, this situation in Rochester, NY, is not unique and is one
of the countless examples across the state and country of the conse-
quences of not providing the most appropriate response to a mental
health or substance abuse crisis. This legislation would promote public
health, safety, and welfare to people experiencing mental health or
substance crises. It would better ensure that these individuals experi-
encing mental health or substance abuse crisis receive appropriate and
compassionate care from trained culturally competent responders.  Ameri-
can Foundation for Suicide Prevention. (2021, February 9).  Suicide
Facts and Figures: New York. Retrieved March 31, 2021, from
https://aws-fetch.s3.amazonaws.com/state-fact-
sheets/2021/2021-state-fact-sheets-new-york.pdf

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

TBD.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S6194 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6194
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 14, 2021
                                ___________
 
 Introduced  by  Sen.  BROUK  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Local Government
 
 AN ACT to  amend  the  county  law,  in  relation  to  a  9-8-8  suicide
   prevention and mental health crisis hotline system
 
   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 "9-8-8 Suicide Prevention and Mental Health Crisis Act".
   §  2. The county law is amended by adding a new article 6-B to read as
 follows:
                                ARTICLE 6-B
           9-8-8 SUICIDE PREVENTION AND MENTAL HEALTH CRISIS ACT
 SECTION 340. DEFINITIONS.
         341. 9-8-8 SUICIDE PREVENTION AND MENTAL HEALTH  CRISIS  HOTLINE
                SYSTEM.
         342. MOBILE CRISIS TEAMS.
         343. ESTABLISHMENT OF FEES FOR SYSTEM COSTS.
         344. APPLICATION; LIMITATIONS; EXEMPTIONS.
   § 340. DEFINITIONS. WHEN USED IN THIS ARTICLE, THE FOLLOWING WORDS AND
 PHRASES  SHALL  HAVE  THE FOLLOWING MEANINGS UNLESS THE SPECIFIC CONTEXT
 CLEARLY INDICATES OTHERWISE:
   1. "9-8-8" MEANS THE THREE DIGIT PHONE NUMBER DESIGNATED BY THE FEDER-
 AL COMMUNICATIONS COMMISSION FOR THE PURPOSE OF  CONNECTING  INDIVIDUALS
 EXPERIENCING  A  MENTAL HEALTH CRISIS WITH SUICIDE PREVENTION AND MENTAL
 HEALTH CRISIS COUNSELORS, MOBILE CRISIS TEAMS, AND CRISIS RECEIVING  AND
 STABILIZATION  SERVICES  AND OTHER MENTAL HEALTH CRISES SERVICES THROUGH
 THE NATIONAL SUICIDE PREVENTION LIFELINE.
   2. "9-8-8 CRISIS HOTLINE CENTER" MEANS A STATE-IDENTIFIED  AND  FUNDED
 CENTER PARTICIPATING IN THE NATIONAL SUICIDE PREVENTION LIFELINE NETWORK
 TO RESPOND TO STATEWIDE OR REGIONAL 9-8-8 CALLS.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10757-04-1

 S. 6194                             2
 
   3.  "CRISIS  RECEIVING  AND  STABILIZATION  SERVICES" MEANS FACILITIES
 PROVIDING SHORT-TERM OBSERVATION AND CRISIS  STABILIZATION  SERVICES  TO
 ALL  REFERRALS IN A HOME-LIKE ENVIRONMENT FOR NO LONGER THAN TWENTY-FOUR
 HOURS.
   4.  "MENTAL  HEALTH  PROFESSIONAL" MEANS ANY OF THE FOLLOWING, BUT NOT
 LIMITED TO:
   (A) A LICENSED CLINICAL SOCIAL WORKER, PURSUANT TO  SUBDIVISION  SEVEN
 OF SECTION NINE HUNDRED TWENTY-THREE OF THE PUBLIC HEALTH LAW;
   (B)  A  LICENSED PSYCHOLOGIST, PURSUANT TO SECTION 10.03 OF THE MENTAL
 HYGIENE LAW;
   (C) A REGISTERED PROFESSIONAL NURSE, PURSUANT TO  SUBDIVISION  ONE  OF
 SECTION SIX THOUSAND NINE HUNDRED  TWO OF THE EDUCATION LAW; AND
   (D)  A LICENSED MARRIAGE AND FAMILY THERAPIST, PURSUANT TO SUBDIVISION
 NINE OF SECTION NINE HUNDRED  TWENTY-THREE OF THE PUBLIC HEALTH LAW.
   5. "MOBILE CRISIS TEAMS" MEANS A TEAM INCLUDING, BUT NOT  LIMITED  TO,
 MENTAL  HEALTH PROFESSIONALS, FAMILY ADVOCATES, AND PEERS, AS DEFINED BY
 SECTION THREE HUNDRED FORTY-TWO  OF  THIS  ARTICLE,  TO  PROVIDE  ONSITE
 COMMUNITY-BASED  INTERVENTION  FOR  INDIVIDUALS  WHO  ARE EXPERIENCING A
 MENTAL HEALTH CRISIS.
   6. "NATIONAL SUICIDE PREVENTION LIFELINE" OR "NSPL" MEANS THE NATIONAL
 NETWORK OF LOCAL CRISIS  CENTERS  THAT  PROVIDE  FREE  AND  CONFIDENTIAL
 EMOTIONAL  SUPPORT  TO  PEOPLE  IN SUICIDAL CRISIS OR EMOTIONAL DISTRESS
 TWENTY-FOUR HOURS A DAY, SEVEN DAYS  A  WEEK  VIA  A  TOLL-FREE  HOTLINE
 NUMBER,  WHICH  RECEIVES  CALLS MADE THROUGH THE 9-8-8 SYSTEM. THE TOLL-
 FREE NUMBER IS MAINTAINED BY THE ASSISTANT SECRETARY FOR  MENTAL  HEALTH
 AND SUBSTANCE USE UNDER SECTION 50-E-3 OF THE PUBLIC HEALTH SERVICE ACT,
 SECTION 290BB-36C OF TITLE 42 OF THE UNITED STATES CODE.
   7.  "PEERS"  MEANS INDIVIDUALS EMPLOYED ON THE BASIS OF THEIR PERSONAL
 EXPERIENCE OF MENTAL ILLNESS, ADDICTION, OR BOTH,  AND  RECOVERY  THERE-
 FROM,  AND  WHO MEET THE CERTIFICATION REQUIREMENTS SET FORTH BY THE NEW
 YORK STATE PEER SPECIALIST CERTIFICATION BOARD.
   8. "FAMILY ADVOCATES" MEANS INDIVIDUALS  WHO  SUPPORT  PERSON-CENTERED
 PLANNING,  OFFER  CULTURALLY RESPONSIVE TRAUMA-INFORMED CARE AND SUPPORT
 FAMILIES AND YOUTH WITH MENTAL HEALTH OR CO-OCCURRING DISORDERS AND HAVE
 EXPERIENCE WORKING WITH MULTIPLE AGENCIES AND PROVIDERS, INCLUDING,  BUT
 NOT  LIMITED  TO, MENTAL HEALTH, PHYSICAL HEALTH, SUBSTANCE ABUSE, JUVE-
 NILE JUSTICE, DEVELOPMENTAL DISABILITIES,  AND  OTHER  STATE  AND  LOCAL
 SYSTEMS OF CARE.
   9.  "VETERANS  CRISIS  LINE"  OR  "VCL" MEANS THE VETERANS CRISIS LINE
 MAINTAINED BY THE SECRETARY OF  VETERANS  AFFAIRS  PURSUANT  TO  SECTION
 1720F(H) OF TITLE 38 OF THE UNITED STATES CODE.
   10.  "SUBSTANCE  ABUSE  AND  MENTAL  HEALTH  SERVICES  ADMINISTRATION"
 ("SAMHSA") MEANS THE AGENCY OF THE UNITED STATES  DEPARTMENT  OF  HEALTH
 AND HUMAN SERVICES.
   §  341.  9-8-8  SUICIDE  PREVENTION  AND  MENTAL HEALTH CRISIS HOTLINE
 SYSTEM. 1. THE DEPARTMENT OF PUBLIC SERVICE, IN  CONSULTATION  WITH  THE
 COMMISSIONER  OF THE OFFICE OF MENTAL HEALTH AND THE COMMISSIONER OF THE
 OFFICE OF ADDICTION SERVICES AND  SUPPORTS  SHALL,  ON  OR  BEFORE  JULY
 SIXTEENTH, TWO THOUSAND TWENTY-TWO, DESIGNATE A CRISIS HOTLINE CENTER OR
 CENTERS  TO PROVIDE CRISIS INTERVENTION SERVICES AND CRISIS CARE COORDI-
 NATION TO INDIVIDUALS ACCESSING THE 9-8-8 SUICIDE PREVENTION AND  MENTAL
 HEALTH CRISIS HOTLINE FROM ANYWHERE WITHIN THE STATE TWENTY-FOUR HOURS A
 DAY, SEVEN DAYS A WEEK.
   (A)  A  DESIGNATED  HOTLINE CENTER SHALL HAVE AN ACTIVE AGREEMENT WITH
 THE ADMINISTRATOR  OF  THE  NATIONAL  SUICIDE  PREVENTION  LIFELINE  FOR
 PARTICIPATION WITHIN THE NETWORK.

 S. 6194                             3
 
   (B)  A DESIGNATED HOTLINE CENTER SHALL MEET NSPL REQUIREMENTS AND BEST
 PRACTICES GUIDELINES FOR OPERATION AND CLINICAL STANDARDS.
   (C)  A  DESIGNATED  HOTLINE  CENTER SHALL UTILIZE TECHNOLOGY INCLUDING
 CHAT AND TEXT THAT IS INTEROPERABLE BETWEEN AND ACROSS CRISIS AND  EMER-
 GENCY  SYSTEMS  USED  THROUGHOUT THE STATE AND WITH THE ADMINISTRATOR OF
 THE NATIONAL SUICIDE PREVENTION LIFELINE.
   (D) A DESIGNATED HOTLINE CENTER SHALL TRANSFER ANY CALL MADE TO  9-1-1
 PERTAINING  TO  A MENTAL HEALTH CRISIS TO A 9-8-8 CRISIS HOTLINE CENTER.
 IF A LAW ENFORCEMENT, MEDICAL OR FIRE RESPONSE IS ALSO NEEDED, 9-8-8 AND
 9-1-1 OPERATORS SHALL COORDINATE THE SIMULTANEOUS DEPLOYMENT OF SERVICES
 WITH MOBILE CRISIS TEAMS.
   (E) A DESIGNATED HOTLINE CENTER SHALL HAVE  THE  AUTHORITY  TO  DEPLOY
 CRISIS AND OUTGOING SERVICES, INCLUDING MOBILE CRISIS TEAMS, AND COORDI-
 NATE ACCESS TO CRISIS RECEIVING AND STABILIZATION SERVICES, AS APPROPRI-
 ATE,  AND  ACCORDING TO GUIDELINES AND BEST PRACTICES ESTABLISHED BY THE
 NSPL.
   (F) THE DEPARTMENT OF PUBLIC SERVICE IN CONJUNCTION WITH  THE  COMMIS-
 SIONER OF THE OFFICE OF MENTAL HEALTH AND THE COMMISSIONER OF THE OFFICE
 OF ADDICTION SERVICES AND SUPPORTS SHALL HAVE JOINT OVERSIGHT OF SUICIDE
 PREVENTION AND CRISIS SERVICE ACTIVITIES AND ESSENTIAL COORDINATION WITH
 A  DESIGNATED  9-8-8 HOTLINE CENTER, AND SHALL WORK IN CONCERT WITH NSPL
 AND VCL NETWORKS FOR THE PURPOSES  OF  ENSURING  CONSISTENCY  OF  PUBLIC
 MESSAGING ABOUT 9-8-8 SERVICES.
   (G)  A DESIGNATED HOTLINE CENTER SHALL MEET THE REQUIREMENTS SET FORTH
 BY THE NSPL FOR SERVING HIGH RISK AND SPECIALIZED POPULATIONS  INCLUDING
 BUT  NOT  LIMITED  TO: BLACK, AFRICAN AMERICAN, HISPANIC, LATINO, ASIAN,
 PACIFIC ISLANDER, NATIVE AMERICAN, ALASKAN NATIVE; LESBIAN, GAY, BISEXU-
 AL, TRANSGENDER, NONBINARY, QUEER, AND QUESTIONING INDIVIDUALS; INDIVID-
 UALS WITH INTELLECTUAL AND DEVELOPMENTAL DISABILITIES; INDIVIDUALS EXPE-
 RIENCING HOMELESSNESS OR HOUSING INSTABILITY; IMMIGRANTS  AND  REFUGEES;
 CHILDREN  AND  YOUTH; OLDER ADULTS; AND RELIGIOUS COMMUNITIES AS IDENTI-
 FIED BY THE FEDERAL SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES  ADMINIS-
 TRATION,  INCLUDING  TRAINING REQUIREMENTS AND POLICIES FOR TRANSFERRING
 SUCH CALLERS TO AN APPROPRIATE SPECIALIZED CENTER OR SUBNETWORKS  WITHIN
 OR  OUTSIDE  THE  NSPL  NETWORK  AND  FOR  PROVIDING  LINGUISTICALLY AND
 CULTURALLY COMPETENT CARE.
   (H) A DESIGNATED HOTLINE CENTER SHALL PROVIDE  FOLLOW-UP  SERVICES  AS
 NEEDED  TO INDIVIDUALS ACCESSING THE 9-8-8 SUICIDE PREVENTION AND MENTAL
 HEALTH CRISIS HOTLINE CONSISTENT WITH GUIDANCE AND POLICIES  ESTABLISHED
 BY THE NSPL.
   2.    THE  COMMISSIONER OF THE OFFICE OF MENTAL HEALTH AND THE COMMIS-
 SIONER OF THE OFFICE OF ADDICTION SERVICES AND SUPPORTS SHALL  ESTABLISH
 A  COMPREHENSIVE  LIST OF REPORTING METRICS TO BE INCLUDED IN THE ANNUAL
 REPORT  OF  THE  9-8-8  SUICIDE  PREVENTION  AND  MENTAL  HEALTH  CRISIS
 HOTLINE'S USAGE, SERVICES AND IMPACT WHICH SHALL INCLUDE, AT A MINIMUM:
   (A)  THE  VOLUME  OF  REQUESTS  FOR  ASSISTANCE THAT THE 9-8-8 SUICIDE
 PREVENTION AND MENTAL HEALTH CRISIS HOTLINE RECEIVED;
   (B) THE AVERAGE LENGTH OF TIME TAKEN TO RESPOND TO  EACH  REQUEST  FOR
 ASSISTANCE, AND THE AGGREGATE RATES OF CALL ABANDONMENT;
   (C)  THE  TYPES  OF  REQUESTS  FOR  ASSISTANCE  THAT THE 9-8-8 SUICIDE
 PREVENTION AND MENTAL HEALTH CRISIS HOTLINE RECEIVED;
   (D) THE NUMBER OF MOBILE CRISIS TEAMS DISPATCHED;
   (E) THE NUMBER OF INDIVIDUALS CONTACTED BY MOBILE CRISIS TEAMS;
   (F) THE NUMBER OF SUCH INDIVIDUALS  TRANSPORTED  FOR  CARE  BY  MOBILE
 CRISIS TEAMS;

 S. 6194                             4
 
   (G)  THE  NUMBER OF SUCH INDIVIDUALS TRANSFERRED BY MOBILE CRISIS TEAM
 RESPONDERS TO THE CUSTODY OF LAW ENFORCEMENT; AND
   (H)  THE  AGE, GENDER, RACE, ETHNICITY, NATIONAL ORIGIN OF INDIVIDUALS
 CONTACTED, TRANSPORTED, OR TRANSFERRED BY EACH  MENTAL  HEALTH  RESPONSE
 UNIT.
   3.    THE  COMMISSIONER OF THE OFFICE OF MENTAL HEALTH AND THE COMMIS-
 SIONER OF THE OFFICE OF ADDICTION SERVICES AND SUPPORTS SHALL SUBMIT  AN
 ANNUAL  REPORT ON OR BY DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-THREE
 AND ANNUALLY THEREAFTER, REGARDING THE COMPREHENSIVE LIST  OF  REPORTING
 METRICS  TO  THE  GOVERNOR,  THE  TEMPORARY PRESIDENT OF THE SENATE, THE
 SPEAKER OF THE ASSEMBLY, THE MINORITY  LEADER  OF  THE  SENATE  AND  THE
 MINORITY LEADER OF THE ASSEMBLY.
   §  342. MOBILE CRISIS TEAMS.  THE COMMISSIONER OF THE OFFICE OF MENTAL
 HEALTH AND THE COMMISSIONER OF THE  OFFICE  OF  ADDICTION  SERVICES  AND
 SUPPORTS SHALL PROVIDE ONSITE RESPONSE SERVICES FOR CRISIS CALLS UTILIZ-
 ING STATE OR LOCAL MOBILE CRISIS TEAMS.
   1.  A  MOBILE CRISIS TEAM SHALL INCLUDE, BUT NOT BE LIMITED TO, MENTAL
 HEALTH PROFESSIONALS, FAMILY ADVOCATES AND PEERS, AS DEFINED BY  SECTION
 THREE HUNDRED FORTY OF THIS ARTICLE;
   2.  A MOBILE CRISIS TEAM SHALL COLLABORATE ON DATA AND CRISIS RESPONSE
 PROTOCOLS WITH LOCAL LAW ENFORCEMENT AGENCIES AS CO-RESPONDERS, ONLY  AS
 NEEDED, TO RESPOND TO HIGH-RISK SITUATIONS THAT ARE UNMANAGEABLE WITHOUT
 LAW ENFORCEMENT;
   3.  A MOBILE CRISIS TEAM SHALL COLLABORATE ON DATA AND CRISIS RESPONSE
 PROTOCOLS WITH LOCAL EMERGENCY MEDICAL SERVICES AS  CO-RESPONDERS,  ONLY
 AS NEEDED TO RESPOND TO SITUATIONS THAT REQUIRE SUCH SERVICES.
   §  343. ESTABLISHMENT OF FEES FOR SYSTEM COSTS. 1. THE COMMISSIONER OF
 THE DEPARTMENT OF TAXATION AND FINANCE, IN CONSULTATION WITH THE COMMIS-
 SIONER OF THE OFFICE OF MENTAL HEALTH AND THE COMMISSIONER OF THE OFFICE
 OF ADDICTION SERVICES AND SUPPORTS, SHALL ESTABLISH AND MAINTAIN A 9-8-8
 TRUST FUND FOR THE PURPOSES OF CREATING AND MAINTAINING A 9-8-8  SUICIDE
 PREVENTION  AND  MENTAL  HEALTH  CRISIS  SYSTEM PURSUANT TO THE NATIONAL
 SUICIDE HOTLINE DESIGNATION ACT OF 2020 AND  THE  FEDERAL  COMMUNICATION
 COMMISSION'S  RULES  ADOPTED  JULY  SIXTEENTH,  TWO THOUSAND TWENTY, AND
 NATIONAL GUIDELINES FOR CRISIS CARE.
   2. (A) THE FUND SHALL CONSIST OF:
   (I) MONIES FROM A 9-8-8 FEE ASSESSED  ON  USERS  PURSUANT  TO  SECTION
 THREE HUNDRED FORTY-FOUR OF THIS ARTICLE;
   (II) APPROPRIATIONS, IF ANY;
   (III) GRANTS AND GIFTS INTENDED FOR DEPOSIT IN THE FUND;
   (IV) INTEREST, PREMIUMS, GAINS, OR OTHER EARNINGS ON THE FUND; AND
   (V) ANY OTHER MONIES THAT ARE DEPOSITED IN OR TRANSFERRED TO THE FUND.
   (B) MONIES IN THE FUND:
   (I)  DO  NOT REVERT AT THE END OF ANY FISCAL YEAR AND REMAIN AVAILABLE
 FOR THE PURPOSES OF THE FUND IN SUBSEQUENT FISCAL YEARS;
   (II) ARE NOT SUBJECT TO TRANSFER TO ANY OTHER  FUND  OR  TO  TRANSFER,
 ASSESSMENT,  OR  REASSESSMENT  FOR  ANY  OTHER USE OR PURPOSE OUTSIDE OF
 THOSE SPECIFIED IN THIS SECTION; AND
   (III) ARE CONTINUOUSLY DEDICATED FOR THE PURPOSES OF THE FUND.
   3. THE COMMISSIONER OF THE  DEPARTMENT  OF  TAXATION  AND  FINANCE  IN
 CONJUNCTION WITH THE COMMISSIONER OF THE OFFICE OF MENTAL HEALTH AND THE
 COMMISSIONER  OF  THE  OFFICE  OF  ADDICTION SERVICES AND SUPPORTS SHALL
 SUBMIT AN ANNUAL REPORT OF FUND DEPOSITS AND EXPENDITURES INTO THE 9-8-8
 TRUST FUND, TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE,  THE
 SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER OF THE SENATE, THE MINORITY

 S. 6194                             5
 
 LEADER  OF  THE  ASSEMBLY,  AND  THE CHAIR OF THE FEDERAL COMMUNICATIONS
 COMMISSION.
   §  344.  APPLICATION;  LIMITATIONS; EXEMPTIONS. 1. THE COMMISSIONER OF
 PUBLIC SERVICE, CONSISTENT WITH THE NATIONAL SUICIDE HOTLINE DESIGNATION
 ACT OF 2020, SHALL ESTABLISH A MONTHLY 9-8-8 FEE ON EACH  RESIDENT  THAT
 IS A SUBSCRIBER OF WIRELESS COMMUNICATION SERVICE OR VOICE OVER INTERNET
 PROTOCOL  SERVICE, AS DEFINED BY SECTION THREE HUNDRED ONE OF THIS CHAP-
 TER AT A FIXED RATE THAT PROVIDES FOR THE CREATION, OPERATION, AND MAIN-
 TENANCE OF A 9-8-8 SUICIDE PREVENTION AND MENTAL  HEALTH  CRISIS  SYSTEM
 AND  THE  CONTINUUM  OF SERVICES PROVIDED PURSUANT TO FEDERAL GUIDELINES
 FOR CRISIS SERVICES.
   2. THE 9-8-8 FEE SHALL NOT BE APPLIED  TO  MOBILE  SERVICE  USERS  WHO
 RECEIVE BENEFITS UNDER THE FEDERAL LIFELINE PROGRAM AS DEFINED IN 47 CFR
 54.401.
   § 3. This act shall take effect immediately.

co-Sponsors

2021-S6194A - Details

Law Section:: County Law
Laws Affected:: Add Art 6-B §§340 - 341, County L; amd §186-f, add §186-h, Tax L; add §97-bbbb, St Fin L

2021-S6194A - Summary

2021-S6194A - Sponsor Memo

                                
 
BILL NUMBER: S6194A

SPONSOR: BROUK
 
TITLE OF BILL:

An act to amend the county law, the tax law and the state finance law,
in relation to a 9-8-8 suicide prevention and mental health crisis
hotline system

 
PURPOSE:

To establish a three-digit, 9-8-8 suicide prevention and mental health
crisis hotline system that will save lives by connecting people experi-
encing mental health crisis with compassionate, lifesaving, and
culturally competent mental health care services.

 
SUMMARY OF PROVISIONS:

Section 1. The short title of this bill is "9-8-8 Suicide Prevention and
Mental Health Crisis Act"

Section 2. Adds a new Article 6-B to the county law. The new article
contains two sections as follows:

§ 340 sets forth definitions.

§ 341 Requires the commissioners of the office of mental health and the
office of addiction services and supports,in consultation with the
department of public service to designate on or before July 16, 2022, a
crisis hotline center or centers to provide crisis care coordination to
individuals accessing the 988 suicide prevention and mental health
crisis hotline from anywhere within New York State 24 hours a day, 7
days a week; requires the commissioners of the office of mental health
and the office of addiction services and supports to establish a compre-
hensive list of reporting metrics to be include in the annual report on
the 988 suicide prevention and mental health crisis hotline's usage,
services and impact.

Section 3. Amends Section 186-f of the Tax Law.

Section 4. Provides for up to eighty million dollars to be deposited
into the suicide and mental health crisis hotline fund, as created by
section ninety-seven-bbbb of the state finance law.

Section 5. Establishes in the joint custody of the state comptroller and
commissioner of taxation and finance a fund to be known as suicide and
mental health crisis hotline fund. This section also requires the comp-
troller and commissioner of taxation and finance to jointly submit an
annual report of fund deposits and expenditures made into the suicide
and mental health crisis hotline fund on or by December 31, 2022 and
annually thereafter to the governor, the temporary president of the
senate, the speaker of the assembly, the minority leader of the senate,
the minority leader of the assembly and the chair of the federal commu-
nications commission.

Section 6. Requires the Commissioner of taxation and finance, in consul-
tation with the commissioners of the office of mental health and the
office of addiction services and supports to establish the 988 surcharge
on New York residents that subscribe to telecommunications services.
Individuals who are subscribers to the federal lifeline program are
exempt from this monthly surcharge.

Section 7. Sets forth an immediate effective date.

 
JUSTIFICATION:

According to the American Foundation for Suicide Prevention, suicide is
the 12th leading cause of death in New York. In 2020, for every 100,000
New Yorkers, 8.28 lose their life to suicide. Suicide is the second
leading death for people between the ages of 10 and 34 years old. For
individuals between the ages of 35 and 54, suicide is the fourth leading
cause of death.

On October 19, 2020, the National Suicide Prevention Designation Act was
signed into law to transform the ten-digit, 800-273-8255 number into an
easy to remember, three-digit, 9-8-8 number that will connect individ-
uals at risk for suicide, as well as those experiencing mental health
and substance abuse crises, to trained, National Suicide Prevention
Lifeline counselors. Currently, 9-1-1 is the only system used for all
emergencies, including mental health emergencies. This new 9-8-8 life-
line puts in practice a safer and more equitable response to mental
health, substance abuse, and suicidal crises.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

TBD.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S6194A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6194--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 14, 2021
                                ___________
 
 Introduced  by  Sens. BROUK, HARCKHAM, BENJAMIN, BROOKS, HELMING -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee  on  Local  Government -- committee discharged and said bill
   committed to the Committee on Mental Health and Developmental Disabil-
   ities -- committee discharged,  bill  amended,  ordered  reprinted  as
   amended and recommitted to said committee
 
 AN  ACT  to amend the county law, the tax law and the state finance law,
   in relation to a 9-8-8 suicide prevention  and  mental  health  crisis
   hotline system
 
   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 "9-8-8 Suicide Prevention and Mental Health Crisis Act".
   §  2. The county law is amended by adding a new article 6-B to read as
 follows:
                                ARTICLE 6-B
           9-8-8 SUICIDE PREVENTION AND MENTAL HEALTH CRISIS ACT
 SECTION 340. DEFINITIONS.
         341. 9-8-8 SUICIDE PREVENTION AND MENTAL HEALTH  CRISIS  HOTLINE
                SYSTEM.
   § 340. DEFINITIONS. WHEN USED IN THIS ARTICLE, THE FOLLOWING WORDS AND
 PHRASES  SHALL  HAVE  THE FOLLOWING MEANINGS UNLESS THE SPECIFIC CONTEXT
 CLEARLY INDICATES OTHERWISE:
   1. "9-8-8" SHALL MEAN THE THREE DIGIT PHONE NUMBER DESIGNATED  BY  THE
 FEDERAL COMMUNICATIONS COMMISSION FOR THE PURPOSE OF CONNECTING INDIVID-
 UALS  EXPERIENCING  A  MENTAL  HEALTH CRISIS WITH SUICIDE PREVENTION AND
 MENTAL HEALTH CRISIS COUNSELORS, AND CRISIS RECEIVING AND  STABILIZATION
 SERVICES  AND  OTHER  MENTAL HEALTH CRISES SERVICES THROUGH THE NATIONAL
 SUICIDE PREVENTION LIFELINE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10757-09-1

 S. 6194--A                          2
 
   2. "9-8-8 CRISIS HOTLINE CENTER" SHALL  MEAN  A  STATE-IDENTIFIED  AND
 FUNDED  CENTER PARTICIPATING IN THE NATIONAL SUICIDE PREVENTION LIFELINE
 NETWORK TO RESPOND TO STATEWIDE OR REGIONAL 9-8-8 CALLS.
   3.  "NATIONAL  SUICIDE  PREVENTION  LIFELINE" OR "NSPL" SHALL MEAN THE
 NATIONAL NETWORK OF LOCAL CRISIS CENTERS THAT PROVIDE FREE AND CONFIDEN-
 TIAL EMOTIONAL  SUPPORT  TO  PEOPLE  IN  SUICIDAL  CRISIS  OR  EMOTIONAL
 DISTRESS  TWENTY-FOUR  HOURS  A  DAY,  SEVEN DAYS A WEEK VIA A TOLL-FREE
 HOTLINE NUMBER, WHICH RECEIVES CALLS MADE THROUGH THE 9-8-8 SYSTEM.  THE
 TOLL-FREE  NUMBER  IS  MAINTAINED  BY THE ASSISTANT SECRETARY FOR MENTAL
 HEALTH AND SUBSTANCE USE UNDER THE UNITED  STATES  SUBSTANCE  ABUSE  AND
 MENTAL HEALTH SERVICES ADMINISTRATION.
   4.  "PEERS"  SHALL  MEAN  INDIVIDUALS  EMPLOYED  ON THE BASIS OF THEIR
 PERSONAL EXPERIENCE OF MENTAL ILLNESS, ADDICTION, OR BOTH, AND  RECOVERY
 THEREFROM,  AND WHO MEET THE CERTIFICATION REQUIREMENTS SET FORTH BY THE
 NEW YORK STATE PEER SPECIALIST CERTIFICATION BOARD.
   5. "FAMILY ADVOCATES" SHALL MEAN INDIVIDUALS WHO  SUPPORT  PERSON-CEN-
 TERED  PLANNING,  OFFER  CULTURALLY  RESPONSIVE TRAUMA-INFORMED CARE AND
 SUPPORT FAMILIES AND YOUTH WITH MENTAL HEALTH OR CO-OCCURRING  DISORDERS
 AND  HAVE  EXPERIENCE  WORKING  WITH  MULTIPLE  AGENCIES  AND PROVIDERS,
 INCLUDING, BUT NOT LIMITED TO, MENTAL HEALTH, PHYSICAL HEALTH, SUBSTANCE
 ABUSE, JUVENILE JUSTICE, DEVELOPMENTAL DISABILITIES, AND OTHER STATE AND
 LOCAL SYSTEMS OF CARE.
   6. "VETERANS CRISIS LINE" OR "VCL" SHALL MEAN THE VETERANS CRISIS LINE
 MAINTAINED BY THE SECRETARY OF  VETERANS  AFFAIRS  PURSUANT  TO  SECTION
 1720F(H) OF TITLE 38 OF THE UNITED STATES CODE.
   7.  "SUBSTANCE  ABUSE  AND  MENTAL  HEALTH SERVICES ADMINISTRATION" OR
 "SAMHSA" SHALL MEAN THE AGENCY WITHIN THE UNITED  STATES  DEPARTMENT  OF
 HEALTH AND HUMAN SERVICES.
   8.  "FEDERAL  COMMUNICATIONS COMMISSION" OR "FCC" SHALL MEAN THE INDE-
 PENDENT U.S. GOVERNMENT AGENCY DESIGNATED  TO  REGULATE  INTERSTATE  AND
 INTERNATIONAL  COMMUNICATIONS BY RADIO, TELEVISION, WIRE, SATELLITE, AND
 CABLE IN ALL FIFTY STATES, THE DISTRICT OF COLUMBIA  AND  U.S.  TERRITO-
 RIES.
   §  341.  9-8-8  SUICIDE  PREVENTION  AND  MENTAL HEALTH CRISIS HOTLINE
 SYSTEM. 1. (A) THE COMMISSIONERS OF THE OFFICE OF MENTAL HEALTH AND  THE
 OFFICE  OF  ADDICTION  SERVICES  AND  SUPPORTS, IN CONSULTATION WITH THE
 DEPARTMENT OF PUBLIC SERVICE SHALL, ON OR  BEFORE  JULY  SIXTEENTH,  TWO
 THOUSAND  TWENTY-TWO,  DESIGNATE A CRISIS HOTLINE CENTER OR CENTERS THAT
 SHALL PROVIDE SUICIDE PREVENTION AND  CRISIS  INTERVENTION  SERVICES  TO
 INDIVIDUALS  ACCESSING  THE  9-8-8  SUICIDE PREVENTION AND MENTAL HEALTH
 CRISIS HOTLINE FROM ANYWHERE WITHIN THE STATE TWENTY-FOUR HOURS  A  DAY,
 SEVEN  DAYS A WEEK.  A DESIGNATED 9-8-8 CRISIS HOTLINE CENTER SHALL MEET
 THE FOLLOWING REQUIREMENTS:
   (I) HAVE AN ACTIVE AGREEMENT WITH THE ADMINISTRATOR  OF  THE  NATIONAL
 SUICIDE PREVENTION LIFELINE FOR PARTICIPATION WITHIN THE NETWORK;
   (II)  ADHERE  TO NSPL POLICIES, REQUIREMENTS AND BEST PRACTICES GUIDE-
 LINES FOR OPERATION AND CLINICAL ASSESSMENT STANDARDS;
   (III) UTILIZE TECHNOLOGY INCLUDING CHAT AND TEXT THAT IS INTEROPERABLE
 BETWEEN AND ACROSS CRISIS AND  EMERGENCY  SYSTEMS  USED  THROUGHOUT  THE
 STATE,  INCLUDING  BUT  NOT LIMITED TO, 911, EMERGENCY MEDICAL SERVICES,
 AND OTHER NONBEHAVIORAL HEALTH CRISIS SERVICES, AND WITH THE ADMINISTRA-
 TOR OF THE NATIONAL SUICIDE PREVENTION LIFELINE; AND
   (IV) COORDINATE WITH 9-8-8 CRISIS HOTLINE CENTERS  AND  911  OPERATORS
 FOR THE APPROPRIATE DEPLOYMENT OF ADDITIONAL SERVICES AND WHEN APPROPRI-
 ATE EMERGENCY MEDICAL SERVICES AND/OR LAW ENFORCEMENT.

 S. 6194--A                          3
 
   (B)  (I)  THE  COMMISSIONERS  OF  THE  OFFICE OF MENTAL HEALTH AND THE
 OFFICE OF ADDICTION SERVICES AND  SUPPORTS,  IN  CONSULTATION  WITH  THE
 DEPARTMENT  OF  PUBLIC  SERVICE  SHALL  HAVE  JOINT OVERSIGHT OF SUICIDE
 PREVENTION AND CRISIS SERVICE ACTIVITIES AND ESSENTIAL COORDINATION WITH
 A  DESIGNATED  9-8-8 HOTLINE CENTER, AND SHALL WORK IN CONCERT WITH NSPL
 AND VCL NETWORKS FOR THE PURPOSES  OF  ENSURING  CONSISTENCY  OF  PUBLIC
 MESSAGING ABOUT 9-8-8 SERVICES.
   (II)  THE  OFFICE  OF  MENTAL  HEALTH,  IN CONSULTATION WITH STATEWIDE
 MENTAL HEALTH  ORGANIZATIONS,  BEHAVIORAL  HEALTH  CRISIS  STABILIZATION
 CENTERS,  STATEWIDE  CONFERENCE  OF MENTAL HYGIENE DIRECTORS AND COUNTY,
 TOWN AND VILLAGE FIRST RESPONDERS, SHALL ESTABLISH  TRAINING  GUIDELINES
 FOR  9-8-8 CRISIS HOTLINE CENTER STAFF, 911 OPERATORS, AND FIRST RESPON-
 DERS, TO ASSESS CALLERS FOR SUICIDAL RISK, PROVIDE CRISIS COUNSELING AND
 CRISIS INTERVENTION, OFFER REFERRALS TO MENTAL HEALTH  AND/OR  SUBSTANCE
 USE  SERVICES,  AND ON PROVIDING LINGUISTICALLY AND CULTURALLY COMPETENT
 CARE.
   (C) A DESIGNATED 9-8-8 CRISIS HOTLINE CENTER SHALL MEET  THE  REQUIRE-
 MENTS  SET FORTH BY THE NSPL FOR SERVING HIGH RISK AND SPECIALIZED POPU-
 LATIONS INCLUDING BUT NOT LIMITED TO: BLACK, AFRICAN AMERICAN, HISPANIC,
 LATINO, ASIAN, PACIFIC ISLANDER, NATIVE AMERICAN, ALASKAN NATIVE; LESBI-
 AN, GAY, BISEXUAL, TRANSGENDER, NONBINARY, QUEER, AND QUESTIONING  INDI-
 VIDUALS;  INDIVIDUALS  WITH INTELLECTUAL AND DEVELOPMENTAL DISABILITIES;
 INDIVIDUALS EXPERIENCING HOMELESSNESS OR HOUSING INSTABILITY; IMMIGRANTS
 AND REFUGEES; CHILDREN AND YOUTH; OLDER ADULTS; AND  RELIGIOUS  COMMUNI-
 TIES  AS  IDENTIFIED  BY  THE  FEDERAL SUBSTANCE ABUSE AND MENTAL HEALTH
 SERVICES ADMINISTRATION, INCLUDING TRAINING  REQUIREMENTS  AND  POLICIES
 FOR  TRANSFERRING  SUCH  CALLERS TO AN APPROPRIATE SPECIALIZED CENTER OR
 SUBNETWORKS WITHIN  OR  OUTSIDE  THE  NSPL  NETWORK  AND  FOR  PROVIDING
 LINGUISTICALLY AND CULTURALLY COMPETENT CARE.
   (D)  A  DESIGNATED  9-8-8  CRISIS HOTLINE CENTER MAY PROVIDE FOLLOW-UP
 SERVICES AS NEEDED TO INDIVIDUALS ACCESSING THE 9-8-8 SUICIDE PREVENTION
 AND MENTAL HEALTH CRISIS HOTLINE CONSISTENT WITH GUIDANCE  AND  POLICIES
 ESTABLISHED BY THE NSPL.
   2.  THE COMMISSIONERS OF THE OFFICE OF MENTAL HEALTH AND THE OFFICE OF
 ADDICTION SERVICES AND SUPPORTS SHALL ESTABLISH A COMPREHENSIVE LIST  OF
 REPORTING  METRICS  TO  BE  INCLUDED  IN  THE ANNUAL REPORT OF THE 9-8-8
 SUICIDE PREVENTION AND MENTAL HEALTH CRISIS  HOTLINE'S  USAGE,  SERVICES
 AND IMPACT WHICH SHALL INCLUDE, AT A MINIMUM:
   (A)  THE  VOLUME  OF  REQUESTS  FOR  ASSISTANCE THAT THE 9-8-8 SUICIDE
 PREVENTION AND MENTAL HEALTH CRISIS HOTLINE RECEIVED;
   (B) THE AVERAGE LENGTH OF TIME TAKEN TO RESPOND TO  EACH  REQUEST  FOR
 ASSISTANCE, AND THE AGGREGATE RATES OF CALL ABANDONMENT;
   (C)  THE  TYPES  OF  REQUESTS  FOR  ASSISTANCE  THAT THE 9-8-8 SUICIDE
 PREVENTION AND MENTAL HEALTH CRISIS HOTLINE RECEIVED;
   (D) THE VOLUME OF REQUESTS THAT WERE DIVERTED OUT OF STATE;
   (E) THE VOLUME OF REQUESTS THAT WERE COMPLETED  WITHOUT  AN  IN-PERSON
 RESPONSE; AND
   (F)  THE  AGE, GENDER, RACE, ETHNICITY, NATIONAL ORIGIN, AND HIGH RISK
 CATEGORY OF THE INDIVIDUAL, IF REASONABLY ASCERTAINABLE, OF  INDIVIDUALS
 WHO CONTACTED 9-8-8.
   §  3.  Subdivision  5  of  section  186-f  of the tax law, as added by
 section 3 of part B of chapter 56 of the laws of 2009, paragraph (b)  as
 amended  by  section  1  of part Q of chapter 55 of the laws of 2014, is
 amended to read as follows:
   5. Deposits of surcharge monies collected and received.  Notwithstand-
 ing any provision of law to the contrary, all surcharge monies collected

 S. 6194--A                          4
 
 and  received  by  the commissioner under this section must be deposited
 daily to the credit of the comptroller  with  those  responsible  banks,
 banking  houses  or trust companies the comptroller may designate. Those
 deposits  must  be  kept separate and apart from all other monies in the
 possession of the comptroller. The  comptroller  must  require  adequate
 security  from  all such depositories. Of the total revenue collected or
 received under this section, the comptroller must retain  in  the  comp-
 troller's hands an amount determined by the commissioner to be necessary
 for  refunds  under  this section, out of which the comptroller will pay
 any refunds to which taxpayers are entitled under the provisions of this
 section. The comptroller, after reserving the  amount  to  pay  refunds,
 must, on or before the tenth day of each month, pay all surcharge monies
 collected  and  received  under  this section and remaining to the comp-
 troller's credit [as follows:
   (a) forty-one and seven-tenths of the revenues collected and  received
 under this section into the state general fund; and
   (b)]  after  deducting  [the  amount  paid under paragraph (a) of this
 subdivision and] the amount retained by wireless communications  suppli-
 ers  pursuant  to  paragraph (d) of subdivision two of this section, the
 balance of the revenues collected under this section into the  statewide
 public safety communications account of the miscellaneous special reven-
 ue  fund,  created  pursuant  to  section  ninety-seven-qq  of the state
 finance law.
   § 4. Paragraphs (e) and (g) of subdivision 6 of section 186-f  of  the
 tax law, paragraph (e) as added by section 39 of part B of chapter 56 of
 the  laws  of 2010, and paragraph (g) as added by section 2 of part Q of
 chapter 55 of the laws of 2014 are amended and a new  paragraph  (h)  is
 added to read as follows:
   (e)  services  and expenses that support the operations and mission of
 the division of homeland security and emergency services as appropriated
 by the legislature[.];
   (g) The sum of ten million dollars annually  shall  be  used  for  the
 provision  of  grants to counties for costs related to the operations of
 public safety dispatch centers, to be distributed  pursuant  to  a  plan
 developed  by  the  commissioner  of  homeland  security  and  emergency
 services and approved by the director  of  the  budget.  Such  plan  may
 consider   such   factors  as  population  density  and  emergency  call
 volume[.]; AND
   (H) UP TO EIGHTY MILLION ANNUALLY SHALL BE DEPOSITED INTO THE  SUICIDE
 AND MENTAL HEALTH CRISIS HOTLINE FUND, AS CREATED BY SECTION NINETY-SEV-
 EN-BBBB OF THE STATE FINANCE LAW.
   §  5. The state finance law is amended by adding a new section 97-bbbb
 to read as follows:
   § 97-BBBB. SUICIDE AND MENTAL HEALTH CRISIS HOTLINE FUND. 1. THERE  IS
 HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE
 COMMISSIONER  OF  TAXATION AND FINANCE A FUND TO BE KNOWN AS THE SUICIDE
 AND MENTAL HEALTH CRISIS HOTLINE FUND.
   2. THE SUICIDE AND MENTAL HEALTH CRISIS HOTLINE FUND SHALL CONSIST  OF
 ALL MONIES DEPOSITED PURSUANT TO SECTION ONE HUNDRED EIGHTY-SIX-F OF THE
 TAX LAW, ALL MONIES TRANSFERRED TO SUCH ACCOUNT PURSUANT TO LAW, AND ALL
 MONIES  DEPOSITED  PURSUANT TO ANY OTHER LAW TO BE PAID INTO OR CREDITED
 TO THE ACCOUNT, INCLUDING ALL MONIES RECEIVED BY THE ACCOUNT OR  DONATED
 TO  IT FOR THE CREATION AND MAINTENANCE OF A TELECOMMUNICATION SYSTEM TO
 ENSURE (A) THE EFFICIENT AND EFFECTIVE ROUTING  OF  CALLS  MADE  TO  THE
 9-8-8 NATIONAL SUICIDE PREVENTION AND MENTAL HEALTH CRISIS HOTLINE TO AN
 APPROPRIATE  CRISIS  CENTER;  AND  (B)  PROPER  STAFFING AND TRAINING OF

 S. 6194--A                          5
 
 PERSONNEL FOR THE PROVISION OF ACUTE MENTAL HEALTH CRISIS  OUTREACH  AND
 STABILIZATION  SERVICES  BY  DIRECTLY  RESPONDING  TO THE 9-8-8 NATIONAL
 SUICIDE PREVENTION AND MENTAL HEALTH CRISIS HOTLINE.
   3.  THE STATE COMPTROLLER AND THE COMMISSIONER OF TAXATION AND FINANCE
 SHALL JOINTLY SUBMIT AN ANNUAL REPORT OF FUND DEPOSITS AND  EXPENDITURES
 INTO  THE SUICIDE AND MENTAL HEALTH CRISIS HOTLINE FUND, ON OR BY DECEM-
 BER THIRTY-FIRST, TWO THOUSAND TWENTY-THREE AND ANNUALLY THEREAFTER,  TO
 THE  GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE
 ASSEMBLY, THE MINORITY LEADER OF THE SENATE, THE MINORITY LEADER OF  THE
 ASSEMBLY AND THE CHAIR OF THE FEDERAL COMMUNICATIONS COMMISSION.
   4.  MONIES IN THE FUND:
   (A)  SHALL  NOT REVERT AT THE END OF ANY FISCAL YEAR AND REMAIN AVAIL-
 ABLE FOR THE PURPOSES OF THE FUND IN SUBSEQUENT FISCAL YEARS;
   (B) ARE NOT SUBJECT TO TRANSFER TO ANY  OTHER  FUND  OR  TO  TRANSFER,
 ASSESSMENT,  OR  REASSESSMENT  FOR  ANY  OTHER USE OR PURPOSE OUTSIDE OF
 THOSE SPECIFIED IN THIS SECTION; AND
   (C) ARE CONTINUOUSLY DEDICATED FOR THE PURPOSES OF THE FUND.
   § 6. The tax law is amended by adding a new section 186-h to  read  as
 follows:
   §  186-H.  9-8-8  SURCHARGE. 1. DEFINITIONS.  AS USED IN THIS SECTION,
 WHERE NOT OTHERWISE SPECIFICALLY DEFINED AND UNLESS A DIFFERENT  MEANING
 IS CLEARLY REQUIRED:
   (A)  "PLACE  OF  PRIMARY  USE"  HAS  THE  SAME MEANING AS THAT TERM IS
 DEFINED IN PARAGRAPH TWENTY-SIX OF SUBDIVISION  (B)  OF  SECTION  ELEVEN
 HUNDRED ONE OF THIS CHAPTER.
   (B)  "COMMUNICATIONS  CUSTOMER" MEANS A PERSON WHO CONTRACTS FOR OR IS
 THE END USER OF WIRELESS COMMUNICATIONS SERVICE, LOCAL  EXCHANGE  ACCESS
 SERVICE OR VOIP SERVICE.
   (C)  "WIRELESS  COMMUNICATIONS  DEVICE"  MEANS  ANY  EQUIPMENT USED TO
 ACCESS A WIRELESS COMMUNICATIONS SERVICE.
   (D) "WIRELESS COMMUNICATIONS  SERVICE"  MEANS  ALL  COMMERCIAL  MOBILE
 SERVICES,  AS THAT TERM IS DEFINED IN SECTION 332 (D) OF TITLE 47 OF THE
 UNITED STATES CODE, AS AMENDED FROM TIME  TO  TIME  INCLUDING,  BUT  NOT
 LIMITED  TO,  ALL  BROADBAND  PERSONAL  COMMUNICATION SERVICES, WIRELESS
 RADIO TELEPHONE  SERVICES,  GEOGRAPHIC  AREA  SPECIALIZED  AND  ENHANCED
 SPECIALIZED  MOBILE  RADIO SERVICES, AND INCUMBENT WIDE AREA SPECIALIZED
 MOBILE RADIO LICENSEES, WHICH OFFER REAL-TIME,  TWO-WAY  VOICE  OR  DATA
 SERVICE  THAT  IS  INTERCONNECTED  WITH  THE  PUBLIC  SWITCHED TELEPHONE
 NETWORK  OR  OTHERWISE  PROVIDES  ACCESS  TO  EMERGENCY   COMMUNICATIONS
 SERVICES.
   (E)  "WIRELESS  COMMUNICATIONS  SERVICE SUPPLIER" MEANS A HOME SERVICE
 PROVIDER AS DEFINED IN SUBPARAGRAPH (II) OF  PARAGRAPH  TWENTY-SEVEN  OF
 SUBDIVISION  (B) OF SECTION ELEVEN HUNDRED ONE OF THIS CHAPTER, PROVIDED
 THAT THE HOME SERVICE PROVIDER PROVIDES WIRELESS COMMUNICATIONS  SERVICE
 AND HAS ONE OR MORE WIRELESS COMMUNICATIONS CUSTOMERS IN NEW YORK STATE.
   (F)  "PREPAID  WIRELESS COMMUNICATIONS SELLER" MEANS A PERSON MAKING A
 RETAIL SALE OF PREPAID WIRELESS COMMUNICATIONS SERVICE.
   (G) "PREPAID WIRELESS COMMUNICATIONS SERVICE" MEANS A  PREPAID  MOBILE
 CALLING SERVICE AS DEFINED IN PARAGRAPH TWENTY-TWO OF SUBDIVISION (B) OF
 SECTION ELEVEN HUNDRED ONE OF THIS CHAPTER.
   (H)  "SERVICE  SUPPLIER"  MEANS  (1)  A  TELEPHONE  CORPORATION  WHICH
 PROVIDES LOCAL EXCHANGE ACCESS TO A SERVICE ADDRESS IN  THIS  STATE,  OR
 (2)  A  PROVIDER  OF  "VOICE  OVER  INTERNET  PROTOCOL SERVICE" OR "VOIP
 SERVICE" THAT PROVIDES SUCH SERVICE TO A SERVICE ADDRESS IN THIS STATE.
   (I) "VOICE OVER INTERNET PROTOCOL SERVICE"  OR  "VOIP  SERVICE"  SHALL
 MEAN  ANY  SERVICE  THAT  (1)  ENABLES REAL-TIME, TWO-WAY VOICE COMMUNI-

 S. 6194--A                          6
 
 CATIONS; (2) REQUIRES A BROADBAND CONNECTION FROM THE  USER'S  LOCATION;
 (3)  REQUIRES  INTERNET  PROTOCOL COMPATIBLE CUSTOMER PREMISES EQUIPMENT
 (CPE); AND (4) PERMITS USERS GENERALLY TO RECEIVE CALLS  THAT  ORIGINATE
 ON  THE  PUBLIC SWITCHED TELEPHONE NETWORK AND TO TERMINATE CALLS TO THE
 PUBLIC SWITCHED TELEPHONE NETWORK.
   2. 9-8-8 SURCHARGE. (A)(1) EFFECTIVE FOR BILLS  ISSUED  ON  AND  AFTER
 APRIL  FIRST, TWO THOUSAND TWENTY-TWO, A SURCHARGE AT A RATE ESTABLISHED
 BY THE COMMISSIONER, IN  CONSULTATION  WITH  THE  COMMISSIONERS  OF  THE
 OFFICE  OF  MENTAL  HEALTH  AND  THE  OFFICE  OF  ADDICTION SERVICES AND
 SUPPORTS, SHALL BE IMPOSED ON (I) EACH  WIRELESS  COMMUNICATIONS  DEVICE
 WITH  WIRELESS  COMMUNICATIONS  SERVICE  DURING  ANY  PART OF EACH MONTH
 PROVIDED TO A WIRELESS COMMUNICATIONS CUSTOMER WITH A PLACE  OF  PRIMARY
 USE  IN  THIS  STATE; AND (II) ON LOCAL EXCHANGE ACCESS SERVICE AND VOIP
 SERVICE PROVIDED TO A CUSTOMER WITH A  SERVICE  ADDRESS  IN  THIS  STATE
 DURING  ANY PART OF EACH MONTH. THE SURCHARGE MUST BE REFLECTED AND MADE
 PAYABLE ON BILLS RENDERED TO A COMMUNICATIONS CUSTOMER FOR SERVICE.
   (2) EFFECTIVE FOR RETAIL TRANSACTIONS OCCURRING  ON  AND  AFTER  APRIL
 FIRST,  TWO  THOUSAND  TWENTY-TWO,  A SURCHARGE IS IMPOSED ON THE RETAIL
 SALE OF EACH PREPAID WIRELESS COMMUNICATIONS SERVICE, WHETHER OR NOT ANY
 TANGIBLE PERSONAL PROPERTY IS SOLD THEREWITH, AT THE RATE ESTABLISHED BY
 THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONERS OF  THE  OFFICE
 OF  MENTAL  HEALTH AND THE OFFICE OF ADDICTION SERVICES AND SUPPORTS.  A
 SALE OF A PREPAID WIRELESS COMMUNICATIONS SERVICE OCCURS IN  THIS  STATE
 IF THE SALE TAKES PLACE AT A SELLER'S BUSINESS LOCATION IN THE STATE. IF
 THE SALE DOES NOT TAKE PLACE AT THE SELLER'S PLACE OF BUSINESS, IT SHALL
 BE  CONCLUSIVELY  DETERMINED  TO  TAKE PLACE AT THE PURCHASER'S SHIPPING
 ADDRESS OR, IF THERE IS NO ITEM  SHIPPED,  AT  THE  PURCHASER'S  BILLING
 ADDRESS,  OR,  IF THE SELLER DOES NOT HAVE THAT ADDRESS, AT SUCH ADDRESS
 AS APPROVED BY THE COMMISSIONER THAT REASONABLY REFLECTS THE  CUSTOMER'S
 LOCATION  AT  THE  TIME  OF  SALE OF THE PREPAID WIRELESS COMMUNICATIONS
 SERVICE.
   (B) IN THE CASE OF VOIP SERVICE, THE SURCHARGE SHALL BE BASED  ON  THE
 NUMBER  OF  SIMULTANEOUS  OUTBOUND  CALLS THE CUSTOMER HAS PURCHASED THE
 RIGHT TO PLACE, REGARDLESS OF ACTUAL USAGE OR THE NUMBER  OF  CUSTOMER'S
 PHONE NUMBERS.
   (C)  THE  SURCHARGE MUST BE REPORTED AND PAID TO THE COMMISSIONER ON A
 QUARTERLY BASIS ON OR BEFORE THE TWENTIETH DAY OF  THE  MONTH  FOLLOWING
 EACH  QUARTERLY  PERIOD  ENDING ON THE LAST DAY OF FEBRUARY, MAY, AUGUST
 AND NOVEMBER, RESPECTIVELY. THE PAYMENTS MUST BE ACCOMPANIED BY A RETURN
 IN  THE  FORM  AND  CONTAINING  THE  INFORMATION  THE  COMMISSIONER  MAY
 PRESCRIBE.
   (D)(1)  THE  SURCHARGE  MUST BE ADDED AS A SEPARATE LINE ITEM TO BILLS
 FURNISHED BY A  WIRELESS  COMMUNICATIONS  SERVICE  SUPPLIER  OR  SERVICE
 SUPPLIER TO ITS CUSTOMERS, OR MUST BE ADDED AS A SEPARATE LINE ITEM TO A
 SALES  SLIP,  INVOICE, RECEIPT, OR OTHER STATEMENT OF THE PRICE, IF ANY,
 THAT IS FURNISHED BY A  PREPAID  WIRELESS  COMMUNICATIONS  SELLER  TO  A
 PURCHASER, AND MUST BE IDENTIFIED AS THE "9-8-8 SURCHARGE".
   (2)  NOTWITHSTANDING  SUBPARAGRAPH  ONE  OF THIS PARAGRAPH, A WIRELESS
 COMMUNICATIONS SERVICE SUPPLIER, SERVICE SUPPLIER OR A PREPAID  WIRELESS
 COMMUNICATIONS  SELLER  MAY ELECT TO COMBINE THE 9-8-8 SURCHARGE AND THE
 911 SURCHARGES IMPOSED UNDER SECTIONS ONE HUNDRED EIGHTY-SIX-F  AND  ONE
 HUNDRED EIGHTY-SIX-G OF THIS ARTICLE OR SECTION THREE HUNDRED ONE OF THE
 COUNTY  LAW  INTO A SINGLE LINE ITEM ADDED TO BILLS FURNISHED BY A WIRE-
 LESS COMMUNICATIONS SERVICE SUPPLIER OR SERVICE PROVIDER TO ITS  CUSTOM-
 ERS, OR A COMBINED SURCHARGE ADDED TO A SALES SLIP, INVOICE, RECEIPT, OR
 OTHER  STATEMENT  OF  THE  PRICE, IF ANY, THAT IS FURNISHED BY A PREPAID

 S. 6194--A                          7
 
 WIRELESS COMMUNICATIONS SELLER TO A PURCHASER. SUCH COMBINED  SURCHARGES
 SHALL  BE  IDENTIFIED  AS THE "9-1-1/9-8-8 SURCHARGE." IF THE SURCHARGES
 ARE COMBINED, THE WIRELESS COMMUNICATIONS SELLER SHALL REPORT AND  REMIT
 THE  RESPECTIVE  911  AND 9-8-8 SURCHARGES SEPARATELY ON A RETURN IN THE
 FORM AND CONTAINING THE INFORMATION THE COMMISSIONER MAY PRESCRIBE.
   (E) EACH WIRELESS COMMUNICATIONS SERVICE  SUPPLIER,  SERVICE  SUPPLIER
 AND  PREPAID WIRELESS COMMUNICATIONS SELLER IS ENTITLED TO RETAIN, AS AN
 ADMINISTRATIVE FEE, AN AMOUNT EQUAL TO THREE PERCENT OF FIFTY-EIGHT  AND
 THREE-TENTHS  PERCENT OF THE TOTAL COLLECTIONS OF THE SURCHARGES IMPOSED
 BY THIS SECTION, PROVIDED THAT THE SUPPLIER OR SELLER FILES ANY REQUIRED
 RETURN AND REMITS THE SURCHARGE DUE TO THE COMMISSIONER ON OR BEFORE ITS
 DUE DATE.
   3. EXEMPTION. LIFELINE CONSUMERS SHALL BE EXEMPT FROM  THE  SURCHARGES
 IMPOSED BY THIS SECTION.
   4.  APPLICABLE  PROVISIONS.  (A)  EXCEPT AS OTHERWISE PROVIDED IN THIS
 SECTION, THE SURCHARGE IMPOSED UNDER THIS SECTION SHALL BE  ADMINISTERED
 AND  COLLECTED BY THE COMMISSIONER IN A LIKE MANNER AS THE TAXES IMPOSED
 BY ARTICLE TWENTY-EIGHT OF THIS CHAPTER. ALL THE PROVISIONS  OF  ARTICLE
 TWENTY-EIGHT OF THIS CHAPTER, INCLUDING THE PROVISIONS RELATING TO DEFI-
 NITIONS, EXEMPTIONS, RETURNS, PERSONAL LIABILITY FOR THE TAX, COLLECTION
 OF  TAX FROM THE CUSTOMER, PAYMENT OF TAX, AND THE ADMINISTRATION OF THE
 TAXES IMPOSED BY SUCH ARTICLE, SHALL APPLY  TO  THE  SURCHARGES  IMPOSED
 UNDER  THE  AUTHORITY  OF THIS SECTION SO FAR AS THOSE PROVISIONS CAN BE
 MADE APPLICABLE TO THE SURCHARGES IMPOSED BY  THIS  SECTION,  WITH  SUCH
 MODIFICATIONS  AS  MAY  BE  NECESSARY  IN ORDER TO ADAPT THE LANGUAGE OF
 THOSE PROVISIONS TO  THE  SURCHARGES  IMPOSED  BY  THIS  SECTION.  THOSE
 PROVISIONS SHALL APPLY WITH THE SAME FORCE AND EFFECT AS IF THE LANGUAGE
 OF  THOSE  PROVISIONS HAD BEEN SET FORTH IN FULL IN THIS SECTION, EXCEPT
 TO THE EXTENT THAT ANY OF THOSE PROVISIONS IS EITHER  INCONSISTENT  WITH
 THE  PROVISIONS  OF  THIS  SECTION  OR  IS NOT RELEVANT TO THE SURCHARGE
 IMPOSED BY THIS SECTION. FOR PURPOSES OF THIS SECTION, ANY REFERENCE  IN
 THIS  CHAPTER  TO  A TAX OR THE TAXES IMPOSED BY ARTICLE TWENTY-EIGHT OF
 THIS CHAPTER SHALL BE DEEMED ALSO TO REFER TO THE SURCHARGES IMPOSED  BY
 THIS SECTION UNLESS A DIFFERENT MEANING IS CLEARLY REQUIRED.
   (B)  NOTWITHSTANDING  THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-
 SION:
   (1) THE EXEMPTIONS PROVIDED FOR IN SECTION ELEVEN HUNDRED  SIXTEEN  OF
 THIS CHAPTER, OTHER THAN THE EXEMPTIONS IN PARAGRAPHS ONE, TWO AND THREE
 OF  SUBDIVISION  (A)  OF THAT SECTION, SHALL NOT APPLY TO THE SURCHARGES
 IMPOSED BY THIS SECTION.
   (2) THE CREDIT PROVIDED IN SUBDIVISION (F) OF SECTION  ELEVEN  HUNDRED
 THIRTY-SEVEN OF THIS CHAPTER SHALL NOT APPLY TO THIS SECTION.
   6. DEPOSITS OF SURCHARGE MONIES COLLECTED AND RECEIVED.  NOTWITHSTAND-
 ING ANY PROVISION OF LAW TO THE CONTRARY, ALL SURCHARGE MONIES COLLECTED
 AND  RECEIVED BY THE COMMISSIONER  UNDER THIS SECTION SHALL BE DEPOSITED
 DAILY TO THE CREDIT OF THE SUICIDE AND MENTAL HEALTH CRISIS HOTLINE FUND
 ESTABLISHED BY SECTION NINETY-SEVEN-BBBB OF THE STATE FINANCE LAW.
   § 7. This act shall take effect immediately.

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2021-S6194B (ACTIVE) - Details

Law Section:: County Law
Laws Affected:: Add Art 6-B §§340 - 341, County L; amd §186-f, add §186-h, Tax L; add §97-bbbb, St Fin L

2021-S6194B (ACTIVE) - Summary

2021-S6194B (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6194B

SPONSOR: BROUK
 
TITLE OF BILL:

An act to amend the county law, in relation to a 9-8-8 suicide
prevention and mental health crisis hotline system

 
PURPOSE:

To establish a three-digit, 9-8-8 suicide prevention and mental health
crisis hotline system that will save lives by connecting people experi-
encing mental health crisis with compassionate, lifesaving, and
culturally competent mental health care services.

 
SUMMARY OF PROVISIONS:

A7177-B would do the following:

*Provide definitions

*Require the commissioner of the department of public service, the
commissioner of the office of mental health and the commissioner of
addiction services and supports to designate on or before July 16, 2022,
a crisis hotline center

*Establish minimum standards a crisis hotline is required to meet;

*Authorizes the department of public service, the office of mental
health, and the office of addiction supports and services to have joint
oversight of suicide prevention and crisis service activities and coor-
dination of crisis centers to ensure consistency of public messages for
988 services;

*Establish training guidelines for 988 crisis hotline staff, 911 opera-
tors, and first responders

*Require the commissioner of the office of mental health and the commis-
sioner of addiction services and supports to submit an annual report on
the 9-8-8 suicide prevention and mental health crisis hotline's usage,
services and impact.

*Require the commissioner of the office of mental health, in consulta-
tion with the commissioners of the office of addiction services and
supports, the department of taxation and finance, and the department of
public service to submit a report that details the resources necessary
to make the National Suicide Prevention Lifeline, available, opera-
tional, and effective across the state, including an evaluation of
available and new revenue sources to support the implementation, staff-
ing, and ongoing activities of 9-8- 8 services that are reasonably
attributed to:(a) ensuring the efficient and effective routing of calls
made to the NSPL to an appropriate 9-8-8 crisis hotline center; (b)
personnel and the provision of mental health, crisis outreach and
stabilization services directly related to the NSPL; and (c) the estab-
lishment of a trust fund for the purpose of depositing any dedicated
revenues collected to create and maintain a statewide 9-8-8 suicide
prevention and mental health crisis hotline system. The report shall be
submitted on or before December thirty-first, two thousand twenty-one to

the governor, the speaker of the assembly, the temporary president of
the senate, and the minority leaders of the senate and the assembly.

 
JUSTIFICATION:

According to the American Foundation for Suicide Prevention, suicide is
the 12th leading cause of death in New York. In 2020, for every 100,000
New Yorkers, 8.28 lose their life to suicide. Suicide is the second
leading death for people between the ages of 10 and 34 years old. For
individuals between the ages of 35 and 54, suicide is the fourth leading
cause of death.

On October 19, 2020, the National Suicide Prevention Designation Act was
signed into law to transform the ten-digit, 800-273-8255 number into an
easy to remember, three-digit, 9-8-8 number that will connect individ-
uals at risk for suicide, as well as those experiencing mental health
and substance abuse crises, to trained, National Suicide Prevention
Lifeline counselors. Currently, 9-1-1 is the only system used for all
emergencies, including mental health emergencies. This new 9-8-8 life-
line puts in practice a safer and more equitable response to mental
health, substance abuse, and suicidal crises.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

TBD.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S6194B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6194--B
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 14, 2021
                                ___________
 
 Introduced  by  Sens. BROUK, HARCKHAM, BENJAMIN, BROOKS, HELMING -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee  on  Local  Government -- committee discharged and said bill
   committed to the Committee on Mental Health and Developmental Disabil-
   ities -- committee discharged,  bill  amended,  ordered  reprinted  as
   amended  and  recommitted  to  said committee -- committee discharged,
   bill amended, ordered reprinted as amended  and  recommitted  to  said
   committee
 
 AN  ACT  to  amend  the  county  law,  in  relation  to  a 9-8-8 suicide
   prevention and mental health crisis hotline system
 
   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 "9-8-8 Suicide Prevention and Mental Health Crisis Act".
   § 2. The county law is amended by adding a new article 6-B to read  as
 follows:
                                ARTICLE 6-B
           9-8-8 SUICIDE PREVENTION AND MENTAL HEALTH CRISIS ACT
 SECTION 340. DEFINITIONS.
         341. 9-8-8  SUICIDE  PREVENTION AND MENTAL HEALTH CRISIS HOTLINE
                SYSTEM.
   § 340. DEFINITIONS. AS  USED  IN  THIS  ARTICLE,  UNLESS  THE  CONTEXT
 REQUIRES OTHERWISE:
   1.  "9-8-8"  SHALL MEAN THE THREE DIGIT PHONE NUMBER DESIGNATED BY THE
 FEDERAL COMMUNICATIONS COMMISSION FOR THE PURPOSE OF CONNECTING INDIVID-
 UALS EXPERIENCING A MENTAL HEALTH CRISIS  WITH  SUICIDE  PREVENTION  AND
 MENTAL HEALTH CRISIS COUNSELORS, MOBILE CRISIS TEAMS, AND CRISIS RECEIV-
 ING  AND  STABILIZATION SERVICES AND OTHER MENTAL HEALTH CRISES SERVICES
 THROUGH THE NATIONAL SUICIDE PREVENTION LIFELINE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10757-12-1

 S. 6194--B                          2
 
   2. "9-8-8 CRISIS HOTLINE CENTER" SHALL  MEAN  A  STATE-IDENTIFIED  AND
 FUNDED  CENTER PARTICIPATING IN THE NATIONAL SUICIDE PREVENTION LIFELINE
 NETWORK TO RESPOND TO STATEWIDE OR REGIONAL 9-8-8 CALLS.
   3. "CRISIS RECEIVING AND STABILIZATION SERVICES" SHALL MEAN FACILITIES
 PROVIDING SHORT-TERM OBSERVATION AND CRISIS STABILIZATION SERVICES UNDER
 ARTICLE  THIRTY-SIX  OF THE MENTAL HYGIENE LAW, OR OTHER CRISIS SERVICES
 APPROVED OR LICENSED BY THE OFFICE OF MENTAL HEALTH.
   4. "MENTAL HEALTH PROFESSIONAL" SHALL MEAN ANY OF THE  FOLLOWING,  BUT
 SHALL NOT BE LIMITED TO:
   (A)  A  LICENSED  CLINICAL  SOCIAL  WORKER, LICENSED UNDER ARTICLE ONE
 HUNDRED FIFTY-FOUR OF THE EDUCATION LAW;
   (B) A  LICENSED  PSYCHOLOGIST,  LICENSED  UNDER  ARTICLE  ONE  HUNDRED
 FIFTY-THREE OF THE EDUCATION LAW;
   (C)  A  REGISTERED  PROFESSIONAL  NURSE,  LICENSED  UNDER  ARTICLE ONE
 HUNDRED THIRTY-NINE OF THE EDUCATION LAW;
   (D) A LICENSED  MASTER  SOCIAL  WORKER,  LICENSED  UNDER  ARTICLE  ONE
 HUNDRED  FIFTY-FOUR  OF  THE  EDUCATION  LAW, UNDER THE SUPERVISION OF A
 PHYSICIAN, PSYCHOLOGIST OR LICENSED CLINICAL SOCIAL WORKER; AND
   (E) A LICENSED MENTAL HEALTH COUNSELOR,  LICENSED  UNDER  ARTICLE  ONE
 HUNDRED SIXTY-THREE OF THE EDUCATION LAW.
   5.  "MOBILE  CRISIS TEAMS" SHALL MEAN A TEAM THAT MAY INCLUDE, BUT NOT
 BE LIMITED TO, MENTAL HEALTH  PROFESSIONALS,  CERTIFIED  ALCOHOLISM  AND
 SUBSTANCE ABUSE COUNSELORS, FAMILY PEER ADVOCATES, AND PEERS, TO PROVIDE
 ONSITE COMMUNITY-BASED INTERVENTION FOR INDIVIDUALS WHO ARE EXPERIENCING
 A  MENTAL  HEALTH  CRISIS,  OR AN "APPROVED MOBILE CRISIS OUTREACH TEAM"
 UNDER ARTICLE NINE OF THE MENTAL HYGIENE LAW.
   6. "NATIONAL SUICIDE PREVENTION LIFELINE" OR  "NSPL"  SHALL  MEAN  THE
 NATIONAL NETWORK OF LOCAL CRISIS CENTERS THAT PROVIDE FREE AND CONFIDEN-
 TIAL  EMOTIONAL  SUPPORT  TO  PEOPLE  IN  SUICIDAL  CRISIS  OR EMOTIONAL
 DISTRESS TWENTY-FOUR HOURS A DAY, SEVEN DAYS  A  WEEK  VIA  A  TOLL-FREE
 HOTLINE  NUMBER, WHICH RECEIVES CALLS MADE THROUGH THE 9-8-8 SYSTEM. THE
 TOLL-FREE NUMBER IS MAINTAINED BY THE  ASSISTANT  SECRETARY  FOR  MENTAL
 HEALTH  AND  SUBSTANCE  USE  UNDER THE UNITED STATES SUBSTANCE ABUSE AND
 MENTAL HEALTH SERVICES ADMINISTRATION.
   7. "PEER" SHALL MEAN AN INDIVIDUAL WHO IS A CURRENT OR FORMER  RECIPI-
 ENT OF MENTAL HEALTH OR SUBSTANCE USE SERVICES WHO PROVIDES ADVOCACY AND
 MUTUAL  SUPPORT  FOR  OTHER  SERVICES  USERS  THROUGH  A MODEL OF SHARED
 PERSONAL EXPERIENCE, WHO ARE EMPLOYED ON THE  BASIS  OF  THEIR  PERSONAL
 KNOWLEDGE  AND  RECOVERY  FROM A MENTAL ILLNESS, ADDICTION, OR BOTH, AND
 WHO MEET THE CERTIFICATION REQUIREMENTS SET FORTH BY THE NEW YORK  STATE
 PEER SPECIALIST CERTIFICATION BOARD.
   8.  "FAMILY  PEER ADVOCATES" SHALL MEAN INDIVIDUALS WITH LIVED-EXPERI-
 ENCE AS THE BIOLOGICAL, FOSTER, OR ADOPTIVE PARENT OR PRIMARY  CAREGIVER
 OF A CHILD OR YOUTH WITH A SOCIAL, EMOTIONAL, BEHAVIORAL, MENTAL HEALTH,
 SUBSTANCE  USE  DISORDER,  OR  DEVELOPMENTAL  DISABILITY,  WHO  MEET THE
 CURRENT REQUIREMENTS FOR A CREDENTIALED FAMILY PEER ADVOCATE,  OR  OTHER
 CERTIFICATION RELATED TO CULTURALLY RESPONSIVE TRAUMA INFORMED CARE.
   9. "VETERANS CRISIS LINE" OR "VCL" SHALL MEAN THE VETERANS CRISIS LINE
 MAINTAINED  BY  THE  SECRETARY  OF VETERANS AFFAIRS OF THE UNITED STATES
 DEPARTMENT OF VETERANS AFFAIRS.
   10.  "SUBSTANCE  ABUSE  AND  MENTAL  HEALTH  SERVICES  ADMINISTRATION"
 ("SAMHSA")  SHALL MEAN THE AGENCY WITHIN THE UNITED STATES DEPARTMENT OF
 HEALTH AND HUMAN SERVICES.
   § 341. 9-8-8 SUICIDE  PREVENTION  AND  MENTAL  HEALTH  CRISIS  HOTLINE
 SYSTEM.  1.  THE  DEPARTMENT OF PUBLIC SERVICE, IN CONSULTATION WITH THE
 COMMISSIONERS OF THE OFFICE OF MENTAL HEALTH AND THE OFFICE OF ADDICTION

 S. 6194--B                          3
 
 SERVICES AND SUPPORTS SHALL, ON OR BEFORE JULY SIXTEENTH,  TWO  THOUSAND
 TWENTY-TWO,  DESIGNATE  A  9-8-8  CRISIS  HOTLINE CENTER OR CENTERS THAT
 SHALL PROVIDE SUICIDE PREVENTION AND  CRISIS  INTERVENTION  SERVICES  TO
 INDIVIDUALS  ACCESSING  THE  9-8-8  SUICIDE PREVENTION AND MENTAL HEALTH
 CRISIS HOTLINE FROM ANYWHERE WITHIN THE STATE TWENTY-FOUR HOURS  A  DAY,
 SEVEN  DAYS  A WEEK. A DESIGNATED 9-8-8 CRISIS HOTLINE CENTER SHALL MEET
 THE FOLLOWING REQUIREMENTS:
   (A) HAVE AN ACTIVE AGREEMENT WITH THE ADMINISTRATOR  OF  THE  NATIONAL
 SUICIDE PREVENTION LIFELINE FOR PARTICIPATION WITHIN THE NETWORK.
   (B)  ADHERE  TO  NSPL POLICIES, REQUIREMENTS AND BEST PRACTICES GUIDE-
 LINES FOR OPERATION AND CLINICAL ASSESSMENT STANDARDS.
   (C) UTILIZE TECHNOLOGY INCLUDING CHAT AND TEXT THAT  IS  INTEROPERABLE
 BETWEEN  AND  ACROSS  CRISIS  AND  EMERGENCY SYSTEMS USED THROUGHOUT THE
 STATE, INCLUDING BUT NOT LIMITED TO, 911,  EMERGENCY  MEDICAL  SERVICES,
 AND OTHER NONBEHAVIORAL HEALTH CRISIS SERVICES, AND WITH THE ADMINISTRA-
 TOR OF THE NATIONAL SUICIDE PREVENTION LIFELINE.
   (D) COORDINATE WITH 9-8-8 CRISIS HOTLINE CENTERS AND 911 OPERATORS FOR
 THE  APPROPRIATE  DEPLOYMENT OF A MOBILE CRISIS TEAM AND/OR LAW ENFORCE-
 MENT, AND WHEN APPROPRIATE EMERGENCY MEDICAL SERVICES OR FIRE SERVICES.
   (E)(I) THE DEPARTMENT  OF  PUBLIC  SERVICE  IN  CONJUNCTION  WITH  THE
 COMMISSIONERS OF THE OFFICE OF MENTAL HEALTH AND THE OFFICE OF ADDICTION
 SERVICES  AND  SUPPORTS SHALL HAVE JOINT OVERSIGHT OF SUICIDE PREVENTION
 AND CRISIS SERVICE ACTIVITIES AND ESSENTIAL COORDINATION WITH  A  DESIG-
 NATED  9-8-8 HOTLINE CENTER, AND SHALL WORK IN CONCERT WITH NSPL AND VCL
 NETWORKS FOR THE PURPOSES OF ENSURING CONSISTENCY  OF  PUBLIC  MESSAGING
 ABOUT 9-8-8 SERVICES.
   (II)  THE OFFICE OF MENTAL HEALTH SHALL IN CONSULTATION WITH THE LOCAL
 MENTAL HYGIENE DIRECTORS ESTABLISHED UNDER SECTION 41.55 OF  THE  MENTAL
 HYGIENE  LAW,  CRISIS  RECEIVING  AND  STABILIZATION  SERVICE PROVIDERS,
 STATEWIDE MENTAL HEALTH  AND  SUBSTANCE  USE  ORGANIZATIONS,  AND  OTHER
 STAKEHOLDERS  DEEMED APPROPRIATE BY THE OFFICE, SHALL ESTABLISH TRAINING
 GUIDELINES FOR 9-8-8 CRISIS HOTLINE CENTER  STAFF,  911  OPERATORS,  AND
 FIRST  RESPONDERS,  TO  ASSESS CALLERS FOR SUICIDAL RISK, PROVIDE CRISIS
 COUNSELING AND CRISIS INTERVENTION, OFFER  REFERRALS  TO  MENTAL  HEALTH
 AND/OR  SUBSTANCE  USE  SERVICES,  AND  ON  PROVIDING LINGUISTICALLY AND
 CULTURALLY COMPETENT CARE.
   (F) MEET THE REQUIREMENTS SET FORTH BY THE NSPL FOR SERVING HIGH  RISK
 AND SPECIALIZED POPULATIONS INCLUDING BUT NOT LIMITED TO: BLACK, HISPAN-
 IC,  LATINO,  ASIAN,  PACIFIC ISLANDER, NATIVE AMERICAN, ALASKAN NATIVE;
 LESBIAN, GAY, BISEXUAL, TRANSGENDER, NONBINARY, QUEER,  AND  QUESTIONING
 INDIVIDUALS; INDIVIDUALS WITH AN INTELLECTUAL OR DEVELOPMENTAL DISABILI-
 TY;   INDIVIDUALS  EXPERIENCING  HOMELESSNESS  OR  HOUSING  INSTABILITY;
 MEMBERS OF RURAL COMMUNITIES; VETERANS; IMMIGRANTS AND  REFUGEES;  CHIL-
 DREN AND YOUTH; OLDER ADULTS; AND RELIGIOUS COMMUNITIES AS IDENTIFIED BY
 THE  FEDERAL  SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION,
 INCLUDING TRAINING REQUIREMENTS AND POLICIES FOR TRANSFERRING SUCH CALL-
 ERS TO APPROPRIATE SPECIALIZED CENTERS OR SUBNETWORKS WITHIN OR  OUTSIDE
 THE  NSPL NETWORK AND FOR PROVIDING LINGUISTICALLY AND CULTURALLY COMPE-
 TENT CARE.
   (G) MAY PROVIDE FOLLOW-UP SERVICES AS NEEDED TO INDIVIDUALS  ACCESSING
 THE 9-8-8 SUICIDE PREVENTION AND MENTAL HEALTH CRISIS HOTLINE CONSISTENT
 WITH GUIDANCE AND POLICIES ESTABLISHED BY THE NSPL.
   2.    THE  COMMISSIONER OF THE OFFICE OF MENTAL HEALTH AND THE COMMIS-
 SIONER OF THE OFFICE OF ADDICTION SERVICES AND SUPPORTS SHALL  ESTABLISH
 A  COMPREHENSIVE  LIST  OF REPORTING METRICS TO BE INCLUDED IN AN ANNUAL
 REPORT UNDER THIS ARTICLE ON THE 9-8-8  SUICIDE  PREVENTION  AND  MENTAL

 S. 6194--B                          4
 
 HEALTH  CRISIS HOTLINE'S USAGE, SERVICES AND IMPACT WHICH SHALL INCLUDE,
 AT A MINIMUM:
   (A)  THE  VOLUME  OF  REQUESTS  FOR  ASSISTANCE THAT THE 9-8-8 SUICIDE
 PREVENTION AND MENTAL HEALTH CRISIS HOTLINE RECEIVED;
   (B) THE AVERAGE LENGTH OF TIME TAKEN TO RESPOND TO  EACH  REQUEST  FOR
 ASSISTANCE, AND THE AGGREGATE RATES OF CALL ABANDONMENT;
   (C)  THE  TYPES  OF  REQUESTS  FOR  ASSISTANCE  THAT THE 9-8-8 SUICIDE
 PREVENTION AND MENTAL HEALTH CRISIS HOTLINE RECEIVED;
   (D) THE NUMBER OF MOBILE CRISIS TEAMS DISPATCHED;
   (E) THE NUMBER OF INDIVIDUALS ENGAGED BY MOBILE CRISIS TEAMS INCLUDING
 ANY SUPPORT PROVIDED BEYOND THE RESOLUTION OF AN INITIAL CRISIS;
   (F) THE NUMBER OF INDIVIDUALS TRANSPORTED BY MOBILE CRISIS TEAMS TO  A
 CRISIS RECEIVING AND STABILIZATION SERVICE CENTER OR OTHER MENTAL HEALTH
 CRISIS SERVICE;
   (G)  THE  NUMBER OF SUCH INDIVIDUALS TRANSFERRED BY MOBILE CRISIS TEAM
 RESPONDERS TO THE CUSTODY OF LAW ENFORCEMENT OR TRANSPORTED TO AN  EMER-
 GENCY ROOM OR INPATIENT MENTAL HEALTH SERVICES;
   (H)  THE  NUMBER OF TIMES A MOBILE CRISIS TEAM WAS THE FIRST RESPONDER
 TO A MENTAL HEALTH CRISIS AND HAD TO REQUEST DEPLOYMENT OF LAW  ENFORCE-
 MENT,  INCLUDING  THE REASON FOR THE REQUEST, AND THE OUTCOME OF THE LAW
 ENFORCEMENT RESPONSE; AND
   (I) THE AGE, GENDER, RACE, ETHNICITY, NATIONAL ORIGIN, AND  HIGH  RISK
 CATEGORY  OR THE INDIVIDUAL, IF REASONABLY ASCERTAINABLE, OF INDIVIDUALS
 CONTACTED, TRANSPORTED, OR TRANSFERRED BY EACH MOBILE CRISIS TEAM.
   3.  THE COMMISSIONERS OF THE OFFICE OF MENTAL HEALTH AND THE OFFICE OF
 ADDICTION SERVICES AND SUPPORTS SHALL SUBMIT AN ANNUAL REPORT  BEGINNING
 NO LATER THAN DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-THREE AND ANNU-
 ALLY  THEREAFTER,  REGARDING THE COMPREHENSIVE LIST OF REPORTING METRICS
 TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE  SPEAKER  OF
 THE  ASSEMBLY, THE MINORITY LEADER OF THE SENATE AND THE MINORITY LEADER
 OF THE ASSEMBLY.
   4. THE COMMISSIONER OF THE OFFICE OF MENTAL  HEALTH,  IN  CONSULTATION
 WITH  THE  COMMISSIONERS  OF THE DEPARTMENT OF TAXATION AND FINANCE, THE
 OFFICE OF ADDICTION SERVICES AND SUPPORTS, AND THE DEPARTMENT OF  PUBLIC
 SERVICE,  SHALL  SUBMIT A REPORT THAT DETAILS THE RESOURCES NECESSARY TO
 MAKE THE NSPL, AVAILABLE, OPERATIONAL, AND EFFECTIVE ACROSS  THE  STATE,
 INCLUDING  AN EVALUATION OF AVAILABLE AND NEW REVENUE SOURCES TO SUPPORT
 THE IMPLEMENTATION, STAFFING, AND ONGOING ACTIVITIES OF  9-8-8  SERVICES
 THAT ARE REASONABLY ATTRIBUTED TO: (A) ENSURING THE EFFICIENT AND EFFEC-
 TIVE  ROUTING  OF  CALLS MADE TO THE NSPL TO AN APPROPRIATE 9-8-8 CRISIS
 HOTLINE CENTER; (B) PERSONNEL AND THE PROVISION OF MENTAL HEALTH, CRISIS
 OUTREACH AND STABILIZATION SERVICES DIRECTLY RELATED TO  THE  NSPL;  AND
 (C)  THE ESTABLISHMENT OF A TRUST FUND FOR THE PURPOSE OF DEPOSITING ANY
 DEDICATED REVENUES COLLECTED TO CREATE AND MAINTAIN  A  STATEWIDE  9-8-8
 SUICIDE  PREVENTION  AND MENTAL HEALTH CRISIS HOTLINE SYSTEM. THE REPORT
 SHALL BE SUBMITTED ON OR  BEFORE  DECEMBER  THIRTY-FIRST,  TWO  THOUSAND
 TWENTY-ONE  TO  THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY, THE TEMPORARY
 PRESIDENT OF THE SENATE, AND THE MINORITY LEADERS OF THE SENATE AND  THE
 ASSEMBLY.
   § 3. This act shall take effect immediately.

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Senate Bill S6194A

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Sponsored By

Archive: Last Bill Status - Signed by Governor

Bill Amendments

co-Sponsors

2021-S6194 - Details

2021-S6194 - Summary

2021-S6194 - Sponsor Memo

2021-S6194 - Bill Text download pdf

co-Sponsors

2021-S6194A - Details

2021-S6194A - Summary

2021-S6194A - Sponsor Memo

2021-S6194A - Bill Text download pdf

co-Sponsors

2021-S6194B (ACTIVE) - Details

2021-S6194B (ACTIVE) - Summary

2021-S6194B (ACTIVE) - Sponsor Memo

2021-S6194B (ACTIVE) - Bill Text download pdf

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