NY State Senate Bill 2023-S5115

Senate Bill S5115

2023-2024 Legislative Session

Relates to requiring internet service providers to charge a residential rate to emergency service organizations

download bill text pdf

Current Bill Status - In Senate Committee Internet And Technology Committee

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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to internet and technology
Jun 10, 2023	committed to rules
May 24, 2023	advanced to third reading
May 23, 2023	2nd report cal.
May 22, 2023	1st report cal.1205
Feb 23, 2023	referred to internet and technology

Votes

- May 23, 2023 - Internet And Technology Committee Vote
  S5115
  
  7
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Internet And Technology Committee Vote: May 23, 2023
      
      aye (7)
      
      Brouk
      
      Comrie
      
      Gonzalez
      
      Parker
      
      Ryan
      
      Stec
      
      Walczyk

co-Sponsors

2023-S5115 (ACTIVE) - Details

Current Committee:: Senate Internet And Technology
Law Section:: General Business Law
Laws Affected:: Add Art 42 §§1100 & 1101, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S6943
2019-2020: S2820
2021-2022: S2088

2023-S5115 (ACTIVE) - Summary

Relates to requiring internet service providers to charge a residential rate to emergency service organizations; creates a new article for the regulation of internet service providers.

2023-S5115 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5115

SPONSOR: OBERACKER
 
TITLE OF BILL:

An act to amend the general business law, in relation to requiring
internet service providers to charge a residential rate to certain emer-
gency service organizations

 
SUMMARY OF PROVISIONS:

Section 1 creates Article 40 of the general business law, which sets
forth that rates charged to emergency service organizations for internet
services not exceed residential customer rates, and establishes the
relevant definitions for "internet service provider" and "emergency
service organization", which includes volunteer fire and ambulances for
the purpose of this bill. The bill also includes language that clarifies
that internet service providers must still provide business service
levels of internet at the lower price point.

Section 2 sets the effective date.

JUSTIFICATION:

It has become apparent that a considerable amount of taxpayer money is
being spent providing cable services, and more specifically, internet
access, to the various organizations that keep our communities safe.
For emergency service organizations, access to the internet is vital, as
dispatching and other functions are performed using the internet.
Despite not using a commercial quantity of internet services, these
organizations are still charged business rates, putting a considerable
burden on the local governments and the taxpayers. This bill would alle-
viate that burden by stipulating that internet service providers charge
volunteer fire and ambulance companies at the residential rate, which is
generally cheaper, rather than by business rates.

 
LEGISLATIVE HISTORY:

S2088A of 2021-22

S2820 of 2019-20

S6943 of 2017-18

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
On the thirtieth day after it shall have become law.

2023-S5115 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5115
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 23, 2023
                                ___________
 
 Introduced by Sen. OBERACKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Internet and Technology
 
 AN  ACT  to  amend  the  general  business law, in relation to requiring
   internet service providers to charge a  residential  rate  to  certain
   emergency service organizations

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new article
 42 to read as follows:
                                ARTICLE 42
                        INTERNET SERVICE PROVIDERS
 SECTION 1100. DEFINITIONS.
         1101. RATES FOR EMERGENCY SERVICE ORGANIZATIONS.
   § 1100. DEFINITIONS. FOR THE PURPOSE OF THIS ARTICLE:    1.  "INTERNET
 SERVICE  PROVIDER"  MEANS ANY PERSON, BUSINESS OR ORGANIZATION QUALIFIED
 TO DO BUSINESS IN THIS STATE THAT PROVIDES INDIVIDUALS, CORPORATIONS, OR
 OTHER ENTITIES WITH THE ABILITY  TO  CONNECT  TO  THE  INTERNET  THROUGH
 EQUIPMENT THAT IS LOCATED IN THIS STATE.
   2.  "EMERGENCY SERVICE ORGANIZATION" MEANS ANY VOLUNTARY FIRE OR AMBU-
 LANCE COMPANY.
   § 1101. RATES FOR EMERGENCY SERVICE ORGANIZATIONS. NO INTERNET SERVICE
 PROVIDER SHALL CHARGE ANY EMERGENCY SERVICE ORGANIZATION AN AMOUNT WHICH
 IS MORE THAN THE RATE CHARGED TO RESIDENTIAL CUSTOMERS OF SUCH  INTERNET
 SERVICE  PROVIDER. WHEN SUCH INTERNET SERVICE PROVIDER CHARGES DIFFERENT
 RATES  FOR  BUSINESS  CUSTOMERS  AND  RESIDENTIAL  CUSTOMERS,  EMERGENCY
 SERVICE  ORGANIZATIONS  SHALL BE CHARGED THE RESIDENTIAL RATE.  NOTWITH-
 STANDING THE CHARGING OF A RESIDENTIAL RATE, SERVICE PROVIDED  TO  EMER-
 GENCY  SERVICE  ORGANIZATIONS  SHALL BE PROVIDED AT THE LEVEL OF SERVICE
 PROVIDED BY SUCH INTERNET SERVICE PROVIDER TO BUSINESS CUSTOMERS.
   § 2. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09177-01-3

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Senate Bill S5115

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Sponsored By

Peter Oberacker