S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5893
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 20, 2019
                                ___________
 
 Introduced  by M. of A. FITZPATRICK, TAGUE, GIGLIO, SALKA -- Multi-Spon-
   sored by -- M.   of A. MANKTELOW -- 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-g to read as follows:
   § 206-G. 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.
              

                                                            LBD05732-01-9

 A. 5893                             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.