S T A T E   O F   N E W   Y O R K
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                                  9142

                          I N  A S S E M B L Y

                            January 29, 2016
                               ___________

Introduced  by  M.  of  A.  FITZPATRICK -- read once and referred to the
  Committee on Governmental Operations

AN ACT to amend the general business law, in relation to ensuring access
  to emergency services via telephone

  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 section
206-f to read as follows:
  S  206-F.  ACCESS  TO  EMERGENCY  SERVICES  VIA  TELEPHONE. 1. FOR THE
PURPOSE OF THIS SECTION:
  (A) THE TERM "COVERED BUSINESS" MEANS ANY PARTNERSHIP, JOINT  VENTURE,
CLUB, CORPORATION OR OTHER FORM OF BUSINESS ORGANIZATION WHICH OPENS ITS
FACILITIES  TO  THE GENERAL PUBLIC FOR THE SALE AND PURCHASE OF GOODS OR
SERVICES.
  (B) THE TERM "HOTEL" AND "MOTEL" MEANS AN ESTABLISHMENT WHICH IS REGU-
LARLY USED AND KEPT OPEN AS SUCH IN A BONA FIDE MANNER FOR  THE  FEEDING
AND LODGING OF GUESTS, WHERE ALL WHO CONDUCT THEMSELVES PROPERLY AND WHO
ARE  ABLE  AND  READY TO PAY FOR SUCH SERVICES ARE RECEIVED IF THERE ARE
ACCOMMODATIONS FOR THEM. THIS TERM SHALL INCLUDE A TOURIST CABIN,  CAMP,
RESORT,  TAVERN,  INN, BOARDING HOUSE, LODGING HOUSE OR ANY OTHER ESTAB-
LISHMENT COMPARABLE OR EQUIVALENT TO ANY OF THOSE PREVIOUSLY MENTIONED.
  (C) THE TERM "MULTI-LINE TELEPHONE SYSTEM" MEANS ANY SYSTEM  COMPRISED
OF  COMMON  CONTROL  UNIT OR UNITS, TELEPHONE SETS, CONTROL HARDWARE AND
SOFTWARE, AND ADJUNCT SYSTEMS WHICH ENABLES USERS TO  MAKE  AND  RECEIVE
TELEPHONE  CALLS USING SHARED RESOURCES SUCH AS TELEPHONE NETWORK TRUNKS
OR DATA LINK BANDWIDTH. THIS TERM  INCLUDES,  BUT  IS  NOT  LIMITED  TO,
NETWORK-BASED  AND PREMISES-BASED SYSTEMS SUCH AS CENTREX SERVICE, PREM-
ISES-BASED, HOSTED AND CLOUD-BASED VOIP, AS WELL AS PBX, HYBRID AND  KEY
TELEPHONE  SYSTEMS,  AS  CLASSIFIED BY THE FCC UNDER PART SIXTY-EIGHT OF
ITS RULES.
  2.  ALL  HOTELS,  MOTELS  AND  COVERED  BUSINESSES  WHICH  OPERATE   A
MULTI-LINE  TELEPHONE  SYSTEM  SHALL  CONFIGURE SAID SYSTEM TO ALLOW ANY
CALL TO 911 ON THE SYSTEM TO BE DIRECTLY CONNECTED TO  A  PUBLIC  SAFETY
ANSWERING POINT WITHOUT THE USE OF AN ACCESS CODE.

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

                                                           LBD08364-02-5

A. 9142                             2

  3.   ALL  HOTELS,  MOTELS  AND  COVERED  BUSINESSES  WHICH  OPERATE  A
MULTI-LINE TELEPHONE SYSTEM SHALL ENSURE THAT THE CONFIGURATION OF  SAID
SYSTEM  WILL ALSO ALLOW ANY CALL MADE ON THEIR SYSTEM WHERE THE SYSTEM'S
EXISTING ACCESS  CODE  IS  DIALED  PRIOR  TO  DIALING  911  BE  DIRECTLY
CONNECTED TO A PUBLIC SAFETY ANSWERING POINT.
  4.  WHEN  FEASIBLE,  WITHOUT  IMPROVING  SYSTEM  HARDWARE, ALL HOTELS,
MOTELS AND COVERED BUSINESSES SHALL CONFIGURE THEIR MULTI-LINE TELEPHONE
SYSTEM TO PROVIDE NOTIFICATION OF ANY 911 CALL MADE ON ITS SYSTEM  TO  A
CENTRALIZED LOCATION ON THE SAME SITE AS THE SYSTEM.
  5.  THE  REQUIREMENTS SET FORTH IN THIS SECTION SHALL NOT APPLY TO ANY
HOTEL, MOTEL OR COVERED BUSINESS THAT WOULD BE REQUIRED TO  UPGRADE  THE
HARDWARE  OF  ITS  TELEPHONE NETWORK TO MEET SAID REQUIREMENTS. HOWEVER,
THESE EXEMPTED ENTITIES SHALL BE  REQUIRED  TO  PLACE  AN  INSTRUCTIONAL
STICKER  ON OR IMMEDIATELY ADJACENT TO EACH TELEPHONE INFORMING USERS OF
THE PHONE'S INABILITY TO DIRECTLY DIAL 911 AND THE PROCEDURES TO  FOLLOW
IN  CASE OF AN EMERGENCY. EACH INSTRUCTIONAL STICKER SHALL BE PRINTED IN
BOLD, EASY TO READ FONT IN A CONTRASTING COLOR WITH A MINIMUM PRINT SIZE
OF SIXTEEN POINT FONT.
  6. VIOLATION OF THIS SECTION SHALL BE PUNISHABLE  BY  A  FINE  OF  TWO
HUNDRED  FIFTY  DOLLARS  FOR  AN  INITIAL  OFFENSE,  WITH A FINE OF FIVE
HUNDRED DOLLARS FOR ANY SECOND OR SUBSEQUENT  OFFENSES.  EACH  VIOLATION
SHALL BE A SEPARATE AND DISTINCT OFFENSE. NO FINE SHALL BE IMPOSED UNTIL
AFTER  A HEARING IS HELD BY THE COMMISSIONER OF THE DEPARTMENT OF LABOR,
LICENSING AND CONSUMER AFFAIRS WHERE THE ALLEGED VIOLATOR SHALL HAVE THE
OPPORTUNITY TO BE HEARD.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.