S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6636
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 10, 2017
                                ___________
 
 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:
   §  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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10331-01-7
              

 A. 6636                             2
 
   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.
   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  EXIST-
 ING  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.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.