S. 6194--A 2
2. "9-8-8 CRISIS HOTLINE CENTER" SHALL MEAN A STATE-IDENTIFIED AND
FUNDED CENTER PARTICIPATING IN THE NATIONAL SUICIDE PREVENTION LIFELINE
NETWORK TO RESPOND TO STATEWIDE OR REGIONAL 9-8-8 CALLS.
3. "NATIONAL SUICIDE PREVENTION LIFELINE" OR "NSPL" SHALL MEAN THE
NATIONAL NETWORK OF LOCAL CRISIS CENTERS THAT PROVIDE FREE AND CONFIDEN-
TIAL EMOTIONAL SUPPORT TO PEOPLE IN SUICIDAL CRISIS OR EMOTIONAL
DISTRESS TWENTY-FOUR HOURS A DAY, SEVEN DAYS A WEEK VIA A TOLL-FREE
HOTLINE NUMBER, WHICH RECEIVES CALLS MADE THROUGH THE 9-8-8 SYSTEM. THE
TOLL-FREE NUMBER IS MAINTAINED BY THE ASSISTANT SECRETARY FOR MENTAL
HEALTH AND SUBSTANCE USE UNDER THE UNITED STATES SUBSTANCE ABUSE AND
MENTAL HEALTH SERVICES ADMINISTRATION.
4. "PEERS" SHALL MEAN INDIVIDUALS EMPLOYED ON THE BASIS OF THEIR
PERSONAL EXPERIENCE OF MENTAL ILLNESS, ADDICTION, OR BOTH, AND RECOVERY
THEREFROM, AND WHO MEET THE CERTIFICATION REQUIREMENTS SET FORTH BY THE
NEW YORK STATE PEER SPECIALIST CERTIFICATION BOARD.
5. "FAMILY ADVOCATES" SHALL MEAN INDIVIDUALS WHO SUPPORT PERSON-CEN-
TERED PLANNING, OFFER CULTURALLY RESPONSIVE TRAUMA-INFORMED CARE AND
SUPPORT FAMILIES AND YOUTH WITH MENTAL HEALTH OR CO-OCCURRING DISORDERS
AND HAVE EXPERIENCE WORKING WITH MULTIPLE AGENCIES AND PROVIDERS,
INCLUDING, BUT NOT LIMITED TO, MENTAL HEALTH, PHYSICAL HEALTH, SUBSTANCE
ABUSE, JUVENILE JUSTICE, DEVELOPMENTAL DISABILITIES, AND OTHER STATE AND
LOCAL SYSTEMS OF CARE.
6. "VETERANS CRISIS LINE" OR "VCL" SHALL MEAN THE VETERANS CRISIS LINE
MAINTAINED BY THE SECRETARY OF VETERANS AFFAIRS PURSUANT TO SECTION
1720F(H) OF TITLE 38 OF THE UNITED STATES CODE.
7. "SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION" OR
"SAMHSA" SHALL MEAN THE AGENCY WITHIN THE UNITED STATES DEPARTMENT OF
HEALTH AND HUMAN SERVICES.
8. "FEDERAL COMMUNICATIONS COMMISSION" OR "FCC" SHALL MEAN THE INDE-
PENDENT U.S. GOVERNMENT AGENCY DESIGNATED TO REGULATE INTERSTATE AND
INTERNATIONAL COMMUNICATIONS BY RADIO, TELEVISION, WIRE, SATELLITE, AND
CABLE IN ALL FIFTY STATES, THE DISTRICT OF COLUMBIA AND U.S. TERRITO-
RIES.
§ 341. 9-8-8 SUICIDE PREVENTION AND MENTAL HEALTH CRISIS HOTLINE
SYSTEM. 1. (A) THE COMMISSIONERS OF THE OFFICE OF MENTAL HEALTH AND THE
OFFICE OF ADDICTION SERVICES AND SUPPORTS, IN CONSULTATION WITH THE
DEPARTMENT OF PUBLIC SERVICE SHALL, ON OR BEFORE JULY SIXTEENTH, TWO
THOUSAND TWENTY-TWO, DESIGNATE A CRISIS HOTLINE CENTER OR CENTERS THAT
SHALL PROVIDE SUICIDE PREVENTION AND CRISIS INTERVENTION SERVICES TO
INDIVIDUALS ACCESSING THE 9-8-8 SUICIDE PREVENTION AND MENTAL HEALTH
CRISIS HOTLINE FROM ANYWHERE WITHIN THE STATE TWENTY-FOUR HOURS A DAY,
SEVEN DAYS A WEEK. A DESIGNATED 9-8-8 CRISIS HOTLINE CENTER SHALL MEET
THE FOLLOWING REQUIREMENTS:
(I) HAVE AN ACTIVE AGREEMENT WITH THE ADMINISTRATOR OF THE NATIONAL
SUICIDE PREVENTION LIFELINE FOR PARTICIPATION WITHIN THE NETWORK;
(II) ADHERE TO NSPL POLICIES, REQUIREMENTS AND BEST PRACTICES GUIDE-
LINES FOR OPERATION AND CLINICAL ASSESSMENT STANDARDS;
(III) UTILIZE TECHNOLOGY INCLUDING CHAT AND TEXT THAT IS INTEROPERABLE
BETWEEN AND ACROSS CRISIS AND EMERGENCY SYSTEMS USED THROUGHOUT THE
STATE, INCLUDING BUT NOT LIMITED TO, 911, EMERGENCY MEDICAL SERVICES,
AND OTHER NONBEHAVIORAL HEALTH CRISIS SERVICES, AND WITH THE ADMINISTRA-
TOR OF THE NATIONAL SUICIDE PREVENTION LIFELINE; AND
(IV) COORDINATE WITH 9-8-8 CRISIS HOTLINE CENTERS AND 911 OPERATORS
FOR THE APPROPRIATE DEPLOYMENT OF ADDITIONAL SERVICES AND WHEN APPROPRI-
ATE EMERGENCY MEDICAL SERVICES AND/OR LAW ENFORCEMENT.
S. 6194--A 3
(B) (I) THE COMMISSIONERS OF THE OFFICE OF MENTAL HEALTH AND THE
OFFICE OF ADDICTION SERVICES AND SUPPORTS, IN CONSULTATION WITH THE
DEPARTMENT OF PUBLIC SERVICE SHALL HAVE JOINT OVERSIGHT OF SUICIDE
PREVENTION AND CRISIS SERVICE ACTIVITIES AND ESSENTIAL COORDINATION WITH
A DESIGNATED 9-8-8 HOTLINE CENTER, AND SHALL WORK IN CONCERT WITH NSPL
AND VCL NETWORKS FOR THE PURPOSES OF ENSURING CONSISTENCY OF PUBLIC
MESSAGING ABOUT 9-8-8 SERVICES.
(II) THE OFFICE OF MENTAL HEALTH, IN CONSULTATION WITH STATEWIDE
MENTAL HEALTH ORGANIZATIONS, BEHAVIORAL HEALTH CRISIS STABILIZATION
CENTERS, STATEWIDE CONFERENCE OF MENTAL HYGIENE DIRECTORS AND COUNTY,
TOWN AND VILLAGE FIRST RESPONDERS, SHALL ESTABLISH TRAINING GUIDELINES
FOR 9-8-8 CRISIS HOTLINE CENTER STAFF, 911 OPERATORS, AND FIRST RESPON-
DERS, TO ASSESS CALLERS FOR SUICIDAL RISK, PROVIDE CRISIS COUNSELING AND
CRISIS INTERVENTION, OFFER REFERRALS TO MENTAL HEALTH AND/OR SUBSTANCE
USE SERVICES, AND ON PROVIDING LINGUISTICALLY AND CULTURALLY COMPETENT
CARE.
(C) A DESIGNATED 9-8-8 CRISIS HOTLINE CENTER SHALL MEET THE REQUIRE-
MENTS SET FORTH BY THE NSPL FOR SERVING HIGH RISK AND SPECIALIZED POPU-
LATIONS INCLUDING BUT NOT LIMITED TO: BLACK, AFRICAN AMERICAN, HISPANIC,
LATINO, ASIAN, PACIFIC ISLANDER, NATIVE AMERICAN, ALASKAN NATIVE; LESBI-
AN, GAY, BISEXUAL, TRANSGENDER, NONBINARY, QUEER, AND QUESTIONING INDI-
VIDUALS; INDIVIDUALS WITH INTELLECTUAL AND DEVELOPMENTAL DISABILITIES;
INDIVIDUALS EXPERIENCING HOMELESSNESS OR HOUSING INSTABILITY; IMMIGRANTS
AND REFUGEES; CHILDREN AND YOUTH; OLDER ADULTS; AND RELIGIOUS COMMUNI-
TIES AS IDENTIFIED BY THE FEDERAL SUBSTANCE ABUSE AND MENTAL HEALTH
SERVICES ADMINISTRATION, INCLUDING TRAINING REQUIREMENTS AND POLICIES
FOR TRANSFERRING SUCH CALLERS TO AN APPROPRIATE SPECIALIZED CENTER OR
SUBNETWORKS WITHIN OR OUTSIDE THE NSPL NETWORK AND FOR PROVIDING
LINGUISTICALLY AND CULTURALLY COMPETENT CARE.
(D) A DESIGNATED 9-8-8 CRISIS HOTLINE CENTER MAY PROVIDE FOLLOW-UP
SERVICES AS NEEDED TO INDIVIDUALS ACCESSING THE 9-8-8 SUICIDE PREVENTION
AND MENTAL HEALTH CRISIS HOTLINE CONSISTENT WITH GUIDANCE AND POLICIES
ESTABLISHED BY THE NSPL.
2. THE COMMISSIONERS OF THE OFFICE OF MENTAL HEALTH AND THE OFFICE OF
ADDICTION SERVICES AND SUPPORTS SHALL ESTABLISH A COMPREHENSIVE LIST OF
REPORTING METRICS TO BE INCLUDED IN THE ANNUAL REPORT OF THE 9-8-8
SUICIDE PREVENTION AND MENTAL HEALTH CRISIS HOTLINE'S USAGE, SERVICES
AND IMPACT WHICH SHALL INCLUDE, AT A MINIMUM:
(A) THE VOLUME OF REQUESTS FOR ASSISTANCE THAT THE 9-8-8 SUICIDE
PREVENTION AND MENTAL HEALTH CRISIS HOTLINE RECEIVED;
(B) THE AVERAGE LENGTH OF TIME TAKEN TO RESPOND TO EACH REQUEST FOR
ASSISTANCE, AND THE AGGREGATE RATES OF CALL ABANDONMENT;
(C) THE TYPES OF REQUESTS FOR ASSISTANCE THAT THE 9-8-8 SUICIDE
PREVENTION AND MENTAL HEALTH CRISIS HOTLINE RECEIVED;
(D) THE VOLUME OF REQUESTS THAT WERE DIVERTED OUT OF STATE;
(E) THE VOLUME OF REQUESTS THAT WERE COMPLETED WITHOUT AN IN-PERSON
RESPONSE; AND
(F) THE AGE, GENDER, RACE, ETHNICITY, NATIONAL ORIGIN, AND HIGH RISK
CATEGORY OF THE INDIVIDUAL, IF REASONABLY ASCERTAINABLE, OF INDIVIDUALS
WHO CONTACTED 9-8-8.
§ 3. Subdivision 5 of section 186-f of the tax law, as added by
section 3 of part B of chapter 56 of the laws of 2009, paragraph (b) as
amended by section 1 of part Q of chapter 55 of the laws of 2014, is
amended to read as follows:
5. Deposits of surcharge monies collected and received. Notwithstand-
ing any provision of law to the contrary, all surcharge monies collected
S. 6194--A 4
and received by the commissioner under this section must be deposited
daily to the credit of the comptroller with those responsible banks,
banking houses or trust companies the comptroller may designate. Those
deposits must be kept separate and apart from all other monies in the
possession of the comptroller. The comptroller must require adequate
security from all such depositories. Of the total revenue collected or
received under this section, the comptroller must retain in the comp-
troller's hands an amount determined by the commissioner to be necessary
for refunds under this section, out of which the comptroller will pay
any refunds to which taxpayers are entitled under the provisions of this
section. The comptroller, after reserving the amount to pay refunds,
must, on or before the tenth day of each month, pay all surcharge monies
collected and received under this section and remaining to the comp-
troller's credit [as follows:
(a) forty-one and seven-tenths of the revenues collected and received
under this section into the state general fund; and
(b)] after deducting [the amount paid under paragraph (a) of this
subdivision and] the amount retained by wireless communications suppli-
ers pursuant to paragraph (d) of subdivision two of this section, the
balance of the revenues collected under this section into the statewide
public safety communications account of the miscellaneous special reven-
ue fund, created pursuant to section ninety-seven-qq of the state
finance law.
§ 4. Paragraphs (e) and (g) of subdivision 6 of section 186-f of the
tax law, paragraph (e) as added by section 39 of part B of chapter 56 of
the laws of 2010, and paragraph (g) as added by section 2 of part Q of
chapter 55 of the laws of 2014 are amended and a new paragraph (h) is
added to read as follows:
(e) services and expenses that support the operations and mission of
the division of homeland security and emergency services as appropriated
by the legislature[.];
(g) The sum of ten million dollars annually shall be used for the
provision of grants to counties for costs related to the operations of
public safety dispatch centers, to be distributed pursuant to a plan
developed by the commissioner of homeland security and emergency
services and approved by the director of the budget. Such plan may
consider such factors as population density and emergency call
volume[.]; AND
(H) UP TO EIGHTY MILLION ANNUALLY SHALL BE DEPOSITED INTO THE SUICIDE
AND MENTAL HEALTH CRISIS HOTLINE FUND, AS CREATED BY SECTION NINETY-SEV-
EN-BBBB OF THE STATE FINANCE LAW.
§ 5. The state finance law is amended by adding a new section 97-bbbb
to read as follows:
§ 97-BBBB. SUICIDE AND MENTAL HEALTH CRISIS HOTLINE FUND. 1. THERE IS
HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE
COMMISSIONER OF TAXATION AND FINANCE A FUND TO BE KNOWN AS THE SUICIDE
AND MENTAL HEALTH CRISIS HOTLINE FUND.
2. THE SUICIDE AND MENTAL HEALTH CRISIS HOTLINE FUND SHALL CONSIST OF
ALL MONIES DEPOSITED PURSUANT TO SECTION ONE HUNDRED EIGHTY-SIX-F OF THE
TAX LAW, ALL MONIES TRANSFERRED TO SUCH ACCOUNT PURSUANT TO LAW, AND ALL
MONIES DEPOSITED PURSUANT TO ANY OTHER LAW TO BE PAID INTO OR CREDITED
TO THE ACCOUNT, INCLUDING ALL MONIES RECEIVED BY THE ACCOUNT OR DONATED
TO IT FOR THE CREATION AND MAINTENANCE OF A TELECOMMUNICATION SYSTEM TO
ENSURE (A) THE EFFICIENT AND EFFECTIVE ROUTING OF CALLS MADE TO THE
9-8-8 NATIONAL SUICIDE PREVENTION AND MENTAL HEALTH CRISIS HOTLINE TO AN
APPROPRIATE CRISIS CENTER; AND (B) PROPER STAFFING AND TRAINING OF
S. 6194--A 5
PERSONNEL FOR THE PROVISION OF ACUTE MENTAL HEALTH CRISIS OUTREACH AND
STABILIZATION SERVICES BY DIRECTLY RESPONDING TO THE 9-8-8 NATIONAL
SUICIDE PREVENTION AND MENTAL HEALTH CRISIS HOTLINE.
3. THE STATE COMPTROLLER AND THE COMMISSIONER OF TAXATION AND FINANCE
SHALL JOINTLY SUBMIT AN ANNUAL REPORT OF FUND DEPOSITS AND EXPENDITURES
INTO THE SUICIDE AND MENTAL HEALTH CRISIS HOTLINE FUND, ON OR BY DECEM-
BER THIRTY-FIRST, TWO THOUSAND TWENTY-THREE AND ANNUALLY THEREAFTER, TO
THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE
ASSEMBLY, THE MINORITY LEADER OF THE SENATE, THE MINORITY LEADER OF THE
ASSEMBLY AND THE CHAIR OF THE FEDERAL COMMUNICATIONS COMMISSION.
4. MONIES IN THE FUND:
(A) SHALL NOT REVERT AT THE END OF ANY FISCAL YEAR AND REMAIN AVAIL-
ABLE FOR THE PURPOSES OF THE FUND IN SUBSEQUENT FISCAL YEARS;
(B) ARE NOT SUBJECT TO TRANSFER TO ANY OTHER FUND OR TO TRANSFER,
ASSESSMENT, OR REASSESSMENT FOR ANY OTHER USE OR PURPOSE OUTSIDE OF
THOSE SPECIFIED IN THIS SECTION; AND
(C) ARE CONTINUOUSLY DEDICATED FOR THE PURPOSES OF THE FUND.
§ 6. The tax law is amended by adding a new section 186-h to read as
follows:
§ 186-H. 9-8-8 SURCHARGE. 1. DEFINITIONS. AS USED IN THIS SECTION,
WHERE NOT OTHERWISE SPECIFICALLY DEFINED AND UNLESS A DIFFERENT MEANING
IS CLEARLY REQUIRED:
(A) "PLACE OF PRIMARY USE" HAS THE SAME MEANING AS THAT TERM IS
DEFINED IN PARAGRAPH TWENTY-SIX OF SUBDIVISION (B) OF SECTION ELEVEN
HUNDRED ONE OF THIS CHAPTER.
(B) "COMMUNICATIONS CUSTOMER" MEANS A PERSON WHO CONTRACTS FOR OR IS
THE END USER OF WIRELESS COMMUNICATIONS SERVICE, LOCAL EXCHANGE ACCESS
SERVICE OR VOIP SERVICE.
(C) "WIRELESS COMMUNICATIONS DEVICE" MEANS ANY EQUIPMENT USED TO
ACCESS A WIRELESS COMMUNICATIONS SERVICE.
(D) "WIRELESS COMMUNICATIONS SERVICE" MEANS ALL COMMERCIAL MOBILE
SERVICES, AS THAT TERM IS DEFINED IN SECTION 332 (D) OF TITLE 47 OF THE
UNITED STATES CODE, AS AMENDED FROM TIME TO TIME INCLUDING, BUT NOT
LIMITED TO, ALL BROADBAND PERSONAL COMMUNICATION SERVICES, WIRELESS
RADIO TELEPHONE SERVICES, GEOGRAPHIC AREA SPECIALIZED AND ENHANCED
SPECIALIZED MOBILE RADIO SERVICES, AND INCUMBENT WIDE AREA SPECIALIZED
MOBILE RADIO LICENSEES, WHICH OFFER REAL-TIME, TWO-WAY VOICE OR DATA
SERVICE THAT IS INTERCONNECTED WITH THE PUBLIC SWITCHED TELEPHONE
NETWORK OR OTHERWISE PROVIDES ACCESS TO EMERGENCY COMMUNICATIONS
SERVICES.
(E) "WIRELESS COMMUNICATIONS SERVICE SUPPLIER" MEANS A HOME SERVICE
PROVIDER AS DEFINED IN SUBPARAGRAPH (II) OF PARAGRAPH TWENTY-SEVEN OF
SUBDIVISION (B) OF SECTION ELEVEN HUNDRED ONE OF THIS CHAPTER, PROVIDED
THAT THE HOME SERVICE PROVIDER PROVIDES WIRELESS COMMUNICATIONS SERVICE
AND HAS ONE OR MORE WIRELESS COMMUNICATIONS CUSTOMERS IN NEW YORK STATE.
(F) "PREPAID WIRELESS COMMUNICATIONS SELLER" MEANS A PERSON MAKING A
RETAIL SALE OF PREPAID WIRELESS COMMUNICATIONS SERVICE.
(G) "PREPAID WIRELESS COMMUNICATIONS SERVICE" MEANS A PREPAID MOBILE
CALLING SERVICE AS DEFINED IN PARAGRAPH TWENTY-TWO OF SUBDIVISION (B) OF
SECTION ELEVEN HUNDRED ONE OF THIS CHAPTER.
(H) "SERVICE SUPPLIER" MEANS (1) A TELEPHONE CORPORATION WHICH
PROVIDES LOCAL EXCHANGE ACCESS TO A SERVICE ADDRESS IN THIS STATE, OR
(2) A PROVIDER OF "VOICE OVER INTERNET PROTOCOL SERVICE" OR "VOIP
SERVICE" THAT PROVIDES SUCH SERVICE TO A SERVICE ADDRESS IN THIS STATE.
(I) "VOICE OVER INTERNET PROTOCOL SERVICE" OR "VOIP SERVICE" SHALL
MEAN ANY SERVICE THAT (1) ENABLES REAL-TIME, TWO-WAY VOICE COMMUNI-
S. 6194--A 6
CATIONS; (2) REQUIRES A BROADBAND CONNECTION FROM THE USER'S LOCATION;
(3) REQUIRES INTERNET PROTOCOL COMPATIBLE CUSTOMER PREMISES EQUIPMENT
(CPE); AND (4) PERMITS USERS GENERALLY TO RECEIVE CALLS THAT ORIGINATE
ON THE PUBLIC SWITCHED TELEPHONE NETWORK AND TO TERMINATE CALLS TO THE
PUBLIC SWITCHED TELEPHONE NETWORK.
2. 9-8-8 SURCHARGE. (A)(1) EFFECTIVE FOR BILLS ISSUED ON AND AFTER
APRIL FIRST, TWO THOUSAND TWENTY-TWO, A SURCHARGE AT A RATE ESTABLISHED
BY THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONERS OF THE
OFFICE OF MENTAL HEALTH AND THE OFFICE OF ADDICTION SERVICES AND
SUPPORTS, SHALL BE IMPOSED ON (I) EACH WIRELESS COMMUNICATIONS DEVICE
WITH WIRELESS COMMUNICATIONS SERVICE DURING ANY PART OF EACH MONTH
PROVIDED TO A WIRELESS COMMUNICATIONS CUSTOMER WITH A PLACE OF PRIMARY
USE IN THIS STATE; AND (II) ON LOCAL EXCHANGE ACCESS SERVICE AND VOIP
SERVICE PROVIDED TO A CUSTOMER WITH A SERVICE ADDRESS IN THIS STATE
DURING ANY PART OF EACH MONTH. THE SURCHARGE MUST BE REFLECTED AND MADE
PAYABLE ON BILLS RENDERED TO A COMMUNICATIONS CUSTOMER FOR SERVICE.
(2) EFFECTIVE FOR RETAIL TRANSACTIONS OCCURRING ON AND AFTER APRIL
FIRST, TWO THOUSAND TWENTY-TWO, A SURCHARGE IS IMPOSED ON THE RETAIL
SALE OF EACH PREPAID WIRELESS COMMUNICATIONS SERVICE, WHETHER OR NOT ANY
TANGIBLE PERSONAL PROPERTY IS SOLD THEREWITH, AT THE RATE ESTABLISHED BY
THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONERS OF THE OFFICE
OF MENTAL HEALTH AND THE OFFICE OF ADDICTION SERVICES AND SUPPORTS. A
SALE OF A PREPAID WIRELESS COMMUNICATIONS SERVICE OCCURS IN THIS STATE
IF THE SALE TAKES PLACE AT A SELLER'S BUSINESS LOCATION IN THE STATE. IF
THE SALE DOES NOT TAKE PLACE AT THE SELLER'S PLACE OF BUSINESS, IT SHALL
BE CONCLUSIVELY DETERMINED TO TAKE PLACE AT THE PURCHASER'S SHIPPING
ADDRESS OR, IF THERE IS NO ITEM SHIPPED, AT THE PURCHASER'S BILLING
ADDRESS, OR, IF THE SELLER DOES NOT HAVE THAT ADDRESS, AT SUCH ADDRESS
AS APPROVED BY THE COMMISSIONER THAT REASONABLY REFLECTS THE CUSTOMER'S
LOCATION AT THE TIME OF SALE OF THE PREPAID WIRELESS COMMUNICATIONS
SERVICE.
(B) IN THE CASE OF VOIP SERVICE, THE SURCHARGE SHALL BE BASED ON THE
NUMBER OF SIMULTANEOUS OUTBOUND CALLS THE CUSTOMER HAS PURCHASED THE
RIGHT TO PLACE, REGARDLESS OF ACTUAL USAGE OR THE NUMBER OF CUSTOMER'S
PHONE NUMBERS.
(C) THE SURCHARGE MUST BE REPORTED AND PAID TO THE COMMISSIONER ON A
QUARTERLY BASIS ON OR BEFORE THE TWENTIETH DAY OF THE MONTH FOLLOWING
EACH QUARTERLY PERIOD ENDING ON THE LAST DAY OF FEBRUARY, MAY, AUGUST
AND NOVEMBER, RESPECTIVELY. THE PAYMENTS MUST BE ACCOMPANIED BY A RETURN
IN THE FORM AND CONTAINING THE INFORMATION THE COMMISSIONER MAY
PRESCRIBE.
(D)(1) THE SURCHARGE MUST BE ADDED AS A SEPARATE LINE ITEM TO BILLS
FURNISHED BY A WIRELESS COMMUNICATIONS SERVICE SUPPLIER OR SERVICE
SUPPLIER TO ITS CUSTOMERS, OR MUST BE ADDED AS A SEPARATE LINE ITEM TO A
SALES SLIP, INVOICE, RECEIPT, OR OTHER STATEMENT OF THE PRICE, IF ANY,
THAT IS FURNISHED BY A PREPAID WIRELESS COMMUNICATIONS SELLER TO A
PURCHASER, AND MUST BE IDENTIFIED AS THE "9-8-8 SURCHARGE".
(2) NOTWITHSTANDING SUBPARAGRAPH ONE OF THIS PARAGRAPH, A WIRELESS
COMMUNICATIONS SERVICE SUPPLIER, SERVICE SUPPLIER OR A PREPAID WIRELESS
COMMUNICATIONS SELLER MAY ELECT TO COMBINE THE 9-8-8 SURCHARGE AND THE
911 SURCHARGES IMPOSED UNDER SECTIONS ONE HUNDRED EIGHTY-SIX-F AND ONE
HUNDRED EIGHTY-SIX-G OF THIS ARTICLE OR SECTION THREE HUNDRED ONE OF THE
COUNTY LAW INTO A SINGLE LINE ITEM ADDED TO BILLS FURNISHED BY A WIRE-
LESS COMMUNICATIONS SERVICE SUPPLIER OR SERVICE PROVIDER TO ITS CUSTOM-
ERS, OR A COMBINED SURCHARGE ADDED TO A SALES SLIP, INVOICE, RECEIPT, OR
OTHER STATEMENT OF THE PRICE, IF ANY, THAT IS FURNISHED BY A PREPAID
S. 6194--A 7
WIRELESS COMMUNICATIONS SELLER TO A PURCHASER. SUCH COMBINED SURCHARGES
SHALL BE IDENTIFIED AS THE "9-1-1/9-8-8 SURCHARGE." IF THE SURCHARGES
ARE COMBINED, THE WIRELESS COMMUNICATIONS SELLER SHALL REPORT AND REMIT
THE RESPECTIVE 911 AND 9-8-8 SURCHARGES SEPARATELY ON A RETURN IN THE
FORM AND CONTAINING THE INFORMATION THE COMMISSIONER MAY PRESCRIBE.
(E) EACH WIRELESS COMMUNICATIONS SERVICE SUPPLIER, SERVICE SUPPLIER
AND PREPAID WIRELESS COMMUNICATIONS SELLER IS ENTITLED TO RETAIN, AS AN
ADMINISTRATIVE FEE, AN AMOUNT EQUAL TO THREE PERCENT OF FIFTY-EIGHT AND
THREE-TENTHS PERCENT OF THE TOTAL COLLECTIONS OF THE SURCHARGES IMPOSED
BY THIS SECTION, PROVIDED THAT THE SUPPLIER OR SELLER FILES ANY REQUIRED
RETURN AND REMITS THE SURCHARGE DUE TO THE COMMISSIONER ON OR BEFORE ITS
DUE DATE.
3. EXEMPTION. LIFELINE CONSUMERS SHALL BE EXEMPT FROM THE SURCHARGES
IMPOSED BY THIS SECTION.
4. APPLICABLE PROVISIONS. (A) EXCEPT AS OTHERWISE PROVIDED IN THIS
SECTION, THE SURCHARGE IMPOSED UNDER THIS SECTION SHALL BE ADMINISTERED
AND COLLECTED BY THE COMMISSIONER IN A LIKE MANNER AS THE TAXES IMPOSED
BY ARTICLE TWENTY-EIGHT OF THIS CHAPTER. ALL THE PROVISIONS OF ARTICLE
TWENTY-EIGHT OF THIS CHAPTER, INCLUDING THE PROVISIONS RELATING TO DEFI-
NITIONS, EXEMPTIONS, RETURNS, PERSONAL LIABILITY FOR THE TAX, COLLECTION
OF TAX FROM THE CUSTOMER, PAYMENT OF TAX, AND THE ADMINISTRATION OF THE
TAXES IMPOSED BY SUCH ARTICLE, SHALL APPLY TO THE SURCHARGES IMPOSED
UNDER THE AUTHORITY OF THIS SECTION SO FAR AS THOSE PROVISIONS CAN BE
MADE APPLICABLE TO THE SURCHARGES IMPOSED BY THIS SECTION, WITH SUCH
MODIFICATIONS AS MAY BE NECESSARY IN ORDER TO ADAPT THE LANGUAGE OF
THOSE PROVISIONS TO THE SURCHARGES IMPOSED BY THIS SECTION. THOSE
PROVISIONS SHALL APPLY WITH THE SAME FORCE AND EFFECT AS IF THE LANGUAGE
OF THOSE PROVISIONS HAD BEEN SET FORTH IN FULL IN THIS SECTION, EXCEPT
TO THE EXTENT THAT ANY OF THOSE PROVISIONS IS EITHER INCONSISTENT WITH
THE PROVISIONS OF THIS SECTION OR IS NOT RELEVANT TO THE SURCHARGE
IMPOSED BY THIS SECTION. FOR PURPOSES OF THIS SECTION, ANY REFERENCE IN
THIS CHAPTER TO A TAX OR THE TAXES IMPOSED BY ARTICLE TWENTY-EIGHT OF
THIS CHAPTER SHALL BE DEEMED ALSO TO REFER TO THE SURCHARGES IMPOSED BY
THIS SECTION UNLESS A DIFFERENT MEANING IS CLEARLY REQUIRED.
(B) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-
SION:
(1) THE EXEMPTIONS PROVIDED FOR IN SECTION ELEVEN HUNDRED SIXTEEN OF
THIS CHAPTER, OTHER THAN THE EXEMPTIONS IN PARAGRAPHS ONE, TWO AND THREE
OF SUBDIVISION (A) OF THAT SECTION, SHALL NOT APPLY TO THE SURCHARGES
IMPOSED BY THIS SECTION.
(2) THE CREDIT PROVIDED IN SUBDIVISION (F) OF SECTION ELEVEN HUNDRED
THIRTY-SEVEN OF THIS CHAPTER SHALL NOT APPLY TO THIS SECTION.
6. DEPOSITS OF SURCHARGE MONIES COLLECTED AND RECEIVED. NOTWITHSTAND-
ING ANY PROVISION OF LAW TO THE CONTRARY, ALL SURCHARGE MONIES COLLECTED
AND RECEIVED BY THE COMMISSIONER UNDER THIS SECTION SHALL BE DEPOSITED
DAILY TO THE CREDIT OF THE SUICIDE AND MENTAL HEALTH CRISIS HOTLINE FUND
ESTABLISHED BY SECTION NINETY-SEVEN-BBBB OF THE STATE FINANCE LAW.
§ 7. This act shall take effect immediately.
