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.