S T A T E O F N E W Y O R K
________________________________________________________________________
8020
2023-2024 Regular Sessions
I N A S S E M B L Y
September 1, 2023
___________
Introduced by M. of A. CUNNINGHAM -- read once and referred to the
Committee on Mental Health
AN ACT to amend the mental hygiene law and the state finance law, in
relation to imposing a surcharge on phone bills to fund 9-8-8 suicide
prevention and behavioral health crisis hotline system service
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 36.03 of the mental hygiene law is amended by
adding a new subdivision (g) to read as follows:
(G) (1) WHEN USED IN THIS SUBDIVISION, THE FOLLOWING WORDS AND PHRASES
SHALL HAVE THE FOLLOWING MEANINGS:
(I) "SERVICE SUPPLIER" MEANS (A) A TELEPHONE CORPORATION WHICH
PROVIDES LOCAL EXCHANGE ACCESS SERVICE WITHIN THE STATE; OR (B) A
PROVIDER OF VOICE OVER INTERNET PROTOCOL SERVICE THAT PROVIDES SUCH
SERVICE WITHIN THE STATE.
(II) "VOICE OVER INTERNET PROTOCOL SERVICE" SHALL MEAN ANY SERVICE
THAT (A) ENABLES REAL-TIME, TWO-WAY VOICE COMMUNICATIONS; (B) REQUIRES A
BROADBAND CONNECTION FROM THE USER'S LOCATION; (C) REQUIRES INTERNET
PROTOCOL COMPATIBLE CUSTOMER PREMISES EQUIPMENT (CPE); AND (D) PERMITS
USERS GENERALLY TO RECEIVE CALLS THAT ORIGINATE ON THE PUBLIC SWITCHED
TELEPHONE NETWORK AND TO TERMINATE CALLS TO THE PUBLIC SWITCHED TELE-
PHONE NETWORK.
(2) NOTWITHSTANDING THE PROVISIONS OF ANY LAW TO THE CONTRARY, THE
COMMISSIONER, IN CONJUNCTION WITH THE COMMISSIONER OF THE OFFICE OF
ADDICTION SERVICES AND SUPPORTS, IS HEREBY AUTHORIZED AND EMPOWERED TO
ADOPT, AMEND OR REPEAL ANY RULE OR REGULATION NECESSARY TO IMPOSE A
SURCHARGE IN AN AMOUNT NOT TO EXCEED THIRTY-FIVE CENTS PER ACCESS LINE
PER MONTH ON THE CUSTOMERS OF EVERY SERVICE SUPPLIER WITHIN THE STATE TO
PAY FOR THE COSTS ASSOCIATED WITH THE ADMINISTRATION, DESIGN, INSTALLA-
TION, CONSTRUCTION, OPERATION, OR MAINTENANCE OF A 9-8-8 SUICIDE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13114-01-3
A. 8020 2
PREVENTION AND BEHAVIORAL HEALTH CRISIS HOTLINE SYSTEM SERVING THE
STATE.
(3) ANY SUCH RULE OR REGULATION SHALL STATE THE AMOUNT OF THE
SURCHARGE, THE DATE ON WHICH THE SERVICE SUPPLIER SHALL BEGIN TO ADD
SUCH SURCHARGE TO THE BILLINGS OF ITS CUSTOMERS AND, TO THE EXTENT PRAC-
TICABLE, THE DATE ON WHICH SUCH 9-8-8 SUICIDE PREVENTION AND BEHAVIORAL
HEALTH CRISIS HOTLINE SYSTEM SERVICE IS TO BEGIN. SUCH RULE OR REGU-
LATION MAY AUTHORIZE THE SERVICE SUPPLIER TO BEGIN BILLING ITS CUSTOMERS
FOR SUCH SURCHARGE PRIOR TO THE DATE ON WHICH SUCH 9-8-8 SUICIDE
PREVENTION AND BEHAVIORAL HEALTH CRISIS HOTLINE SYSTEM SERVICE IS TO
BEGIN.
(4) ANY SERVICE SUPPLIER WITHIN THE STATE WHICH HAS IMPOSED A
SURCHARGE PURSUANT TO THE PROVISIONS OF THIS SECTION SHALL BE GIVEN A
MINIMUM OF FORTY-FIVE DAYS WRITTEN NOTICE PRIOR TO THE DATE IT SHALL
BEGIN TO ADD SUCH SURCHARGE TO THE BILLINGS OF ITS CUSTOMERS OR PRIOR TO
ANY MODIFICATION TO OR CHANGE IN THE SURCHARGE AMOUNT.
(5) ALL MONEYS COLLECTED PURSUANT TO THIS SUBDIVISION SHALL BE DEPOS-
ITED TO THE CREDIT OF THE 9-8-8 SUICIDE PREVENTION AND BEHAVIORAL HEALTH
CRISIS HOTLINE TRUST FUND ESTABLISHED PURSUANT TO SECTION EIGHTY-FIVE OF
THE STATE FINANCE LAW.
§ 2. The state finance law is amended by adding a new section 85 to
read as follows:
§ 85. 9-8-8 SUICIDE PREVENTION AND BEHAVIORAL HEALTH CRISIS HOTLINE
TRUST FUND. 1. THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE
STATE COMPTROLLER AND THE COMMISSIONERS OF THE OFFICE OF MENTAL HEALTH
AND THE OFFICE OF ADDICTION SERVICES AND SUPPORTS, A SPECIAL FUND TO BE
KNOWN AS THE "9-8-8 SUICIDE PREVENTION AND BEHAVIORAL HEALTH CRISIS
HOTLINE TRUST FUND".
2. SUCH FUND SHALL CONSIST OF ALL MONEYS COLLECTED PURSUANT TO SUBDI-
VISION (G) OF SECTION 36.03 OF THE MENTAL HYGIENE LAW. NOTHING CONTAINED
IN THIS SECTION SHALL PREVENT THE STATE FROM RECEIVING GRANTS, GIFTS, OR
BEQUESTS FOR THE PURPOSES OF THE FUND AS DEFINED IN THIS SECTION AND
DEPOSITING THEM INTO THE FUND ACCORDING TO LAW.
3. MONIES OF THE FUND SHALL BE EXPENDED ONLY FOR THE COSTS ASSOCIATED
WITH THE ADMINISTRATION, DESIGN, INSTALLATION, CONSTRUCTION, OPERATION,
OR MAINTENANCE OF A 9-8-8 SUICIDE PREVENTION AND BEHAVIORAL HEALTH
CRISIS HOTLINE SYSTEM SERVING THE STATE.
4. MONIES SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF
THE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY THE COMMISSIONERS
OF THE OFFICE OF MENTAL HEALTH AND THE OFFICE OF ADDICTION SERVICES AND
SUPPORTS.
§ 3. This act shall take effect on the sixtieth 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 and completed
on or before such effective date.