Bill Text: NY A01689 | 2011-2012 | General Assembly | Introduced
Bill Title: Establishes the no political solicitation call statewide registry.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced - Dead) 2012-01-04 - referred to consumer affairs and protection [A01689 Detail]
Download: New_York-2011-A01689-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
1689
2011-2012 Regular Sessions
I N A S S E M B L Y
January 11, 2011
___________
Introduced by M. of A. McENENY, REILLY, MILLMAN -- Multi-Sponsored by --
M. of A. GALEF, MAGEE, WEISENBERG -- read once and referred to the
Committee on Consumer Affairs and Protection
AN ACT to amend the general business law, the public service law and the
state finance law, in relation to establishing the no political solic-
itation call statewide registry regarding political calls
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The general business law is amended by adding a new section
2 399-zzzz to read as follows:
3 S 399-ZZZZ. POLITICAL SOLICITATION; ESTABLISHMENT OF NO POLITICAL
4 SOLICITATION CALL STATEWIDE REGISTRY. 1. AS USED IN THIS SECTION, THE
5 FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
6 A. "BOARD" SHALL MEAN THE CONSUMER PROTECTION BOARD;
7 B. "DIRECTOR" MEANS THE EXECUTIVE DIRECTOR OF THE CONSUMER PROTECTION
8 BOARD;
9 C. "PERSON" MEANS ANY NATURAL PERSON, ASSOCIATION, PARTNERSHIP, FIRM,
10 CORPORATION AND ITS AFFILIATES OR SUBSIDIARIES OR OTHER BUSINESS ENTITY;
11 AND
12 D. "UNSOLICITED POLITICAL CALL" MEANS ANY TELEPHONE CALL OTHER THAN A
13 CALL MADE:
14 (I) IN RESPONSE TO AN EXPRESS WRITTEN OR VERBAL REQUEST OF THE PERSON
15 CALLED; OR
16 (II) IN CONNECTION WITH AN ESTABLISHED POLITICAL RELATIONSHIP, WHICH
17 HAS NOT BEEN TERMINATED BY EITHER PARTY.
18 2. THE BOARD SHALL ESTABLISH AND MAINTAIN A NO POLITICAL SOLICITATION
19 CALL STATEWIDE REGISTRY WHICH SHALL CONTAIN A LIST OF PERSONS WHO DO NOT
20 WISH TO RECEIVE AN UNSOLICITED POLITICAL CALL. THE BOARD MAY CONTRACT
21 WITH A PRIVATE VENDOR TO ESTABLISH AND MAINTAIN SUCH REGISTRY, PROVIDED
22 THE PRIVATE VENDOR HAS MAINTAINED NATIONAL NO POLITICAL SOLICITATION
23 CALL REGISTRIES FOR MORE THAN TWO YEARS, AND THE CONTRACT REQUIRES THE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01822-01-1
A. 1689 2
1 VENDOR TO PROVIDE THE NO POLITICAL SOLICITATION CALL STATEWIDE REGISTRY
2 IN A PRINTED HARD COPY FORMAT AND IN ANY OTHER FORMAT AS PRESCRIBED BY
3 THE BOARD.
4 3. NO CALLERS MAY MAKE OR CAUSE TO BE MADE ANY UNSOLICITED POLITICAL
5 CALL TO ANY PERSON MORE THAN THIRTY DAYS AFTER THE PERSON'S NAME AND
6 TELEPHONE NUMBER OR NUMBERS APPEAR ON THE THEN CURRENT QUARTERLY NO
7 POLITICAL SOLICITATION CALL STATEWIDE REGISTRY MADE AVAILABLE BY THE
8 BOARD PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
9 4. A. THE BOARD SHALL PROVIDE NOTICE OF THE ESTABLISHMENT OF THE NO
10 POLITICAL SOLICITATION CALL STATEWIDE REGISTRY. ANY PERSON WHO WISHES TO
11 BE INCLUDED ON SUCH LISTING SHALL NOTIFY THE BOARD BY CALLING A
12 TOLL-FREE NUMBER PROVIDED BY THE BOARD, OR IN ANY OTHER SUCH MANNER AND
13 AT SUCH TIMES AS THE BOARD MAY PRESCRIBE WHICH MAY INCLUDE NOTIFICATION
14 VIA THE INTERNET. A PERSON ON SUCH REGISTRY SHALL BE DELETED FROM SUCH
15 REGISTRY UPON THE PERSON'S WRITTEN REQUEST. THE BOARD SHALL UPDATE SUCH
16 REGISTRY NOT LESS THAN QUARTERLY AND SHALL MAKE SUCH REGISTRY AVAILABLE
17 TO POLITICAL CALLERS FOR A FEE AS THE BOARD SHALL PRESCRIBE.
18 B. ANY COMPANY THAT PROVIDES LOCAL TELEPHONE DIRECTORIES TO PERSONS OF
19 THIS STATE SHALL INFORM ITS CUSTOMERS OF THE PROVISIONS OF THIS SECTION
20 BY MEANS OF PUBLISHING A NOTICE IN SUCH LOCAL TELEPHONE DIRECTORIES.
21 5. THE BOARD SHALL PRESCRIBE RULES AND REGULATIONS TO ADMINISTER THIS
22 SECTION.
23 6. A. WHERE IT IS DETERMINED AFTER HEARING THAT ANY PERSON HAS
24 VIOLATED ONE OR MORE PROVISIONS OF THIS SECTION, THE DIRECTOR, OR ANY
25 PERSON DEPUTIZED OR SO DESIGNATED BY HIM OR HER MAY ASSESS A FINE NOT TO
26 EXCEED TWO HUNDRED DOLLARS FOR EACH VIOLATION.
27 B. ANY PROCEEDING CONDUCTED PURSUANT TO PARAGRAPH A OF THIS SUBDIVI-
28 SION SHALL BE SUBJECT TO THE STATE ADMINISTRATIVE PROCEDURE ACT.
29 C. NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO RESTRICT ANY
30 RIGHT WHICH ANY PERSON MAY HAVE UNDER ANY OTHER STATUTE OR AT COMMON
31 LAW.
32 7. A PERSON SHALL NOT BE HELD LIABLE FOR VIOLATING THIS SECTION IF:
33 A. THE PERSON HAS OBTAINED A COPY OF AN UPDATED, QUARTERLY NO POLI-
34 TICAL SOLICITATION CALL STATEWIDE REGISTRY AND HAS ESTABLISHED AND
35 IMPLEMENTED WRITTEN POLICIES AND PROCEDURES RELATED TO THE REQUIREMENT
36 OF THIS SECTION;
37 B. THE PERSON HAS TRAINED HIS OR HER PERSONNEL IN THE REQUIREMENTS OF
38 THIS SECTION;
39 C. THE PERSON MAINTAINS RECORDS DEMONSTRATING COMPLIANCE WITH PARA-
40 GRAPHS A AND B OF THIS SUBDIVISION AND THE REQUIREMENTS OF THIS SECTION;
41 AND
42 D. ANY SUBSEQUENT UNSOLICITED POLITICAL CALL IS THE RESULT OF ERROR.
43 S 2. The opening paragraph of section 92-d of the public service law,
44 as separately amended by chapters 546 and 547 of the laws of 2000, is
45 amended to read as follows:
46 Each local exchange telephone company shall inform its customers of
47 the provisions of sections three hundred ninety-nine-p [and], three
48 hundred ninety-nine-z [and], three hundred ninety-nine-pp AND THREE
49 HUNDRED NINETY-NINE-ZZZZ of the general business law and article ten-B
50 of the personal property law, as such provisions relate to the rights of
51 consumers with respect to telemarketers, sellers, the no telemarketing
52 sales [call] CALLS statewide registry, THE NO POLITICAL SOLICITATION
53 CALL STATEWIDE REGISTRY, and automatic dialing-announcing devices, by
54 means of:
55 S 3. Section 97-www of the state finance law, as added by chapter 547
56 of the laws of 2000, is amended to read as follows:
A. 1689 3
1 S 97-www. [1.] Consumer protection account. 1. There is hereby estab-
2 lished in the joint custody of the state comptroller and the commission-
3 er of taxation and finance an account within the miscellaneous special
4 revenue fund to be known as the "consumer protection account."
5 2. Such account shall consist of all fees and penalties received by
6 the state consumer protection board pursuant to article ten-B of the
7 personal property law, [section] SECTIONS three hundred ninety-nine-z
8 AND THREE HUNDRED NINETY-NINE-ZZZZ of the general business law and any
9 additional monies appropriated, credited or transferred to such account
10 by the Legislature. Any interest earned by the investment of monies in
11 such account shall be added to such account, become part of such
12 account, and be used for the purposes of such account.
13 3. Monies in the account shall be available to the state consumer
14 protection board for the payment of costs of producing and distributing
15 educational materials and conducting educational activities relating to
16 the promotion of the ["unsolicited telemarketing sales call] "NO TELE-
17 MARKETING SALES CALLS STATEWIDE registry", THE "NO POLITICAL SOLICITA-
18 TION CALL STATEWIDE REGISTRY" and all related costs and expenditures
19 incurred in the administration of [section] SECTIONS three hundred nine-
20 ty-nine-z AND THREE HUNDRED NINETY-NINE-ZZZZ of the general business law
21 and article ten-B of the personal property law.
22 4. Monies in the account shall be paid out of the account on the audit
23 and warrant of the state comptroller on vouchers certified or approved
24 by the state consumer protection board or any officer or employee desig-
25 nated by the executive director.
26 S 4. Severability. If any clause, sentence, paragraph, section or part
27 of this act shall be adjudged by any court of competent jurisdiction to
28 be invalid and after exhaustion of all further judicial review, the
29 judgment shall not affect, impair or invalidate the remainder thereof,
30 but shall be confined in its operation to the clause, sentence, para-
31 graph, section or part of this act directly involved in the controversy
32 in which the judgment shall have been rendered.
33 S 5. This act shall take effect April 1, 2011; provided, however, that
34 any rules and regulations necessary for the timely implementation of
35 this act on its effective date shall be promulgated on or before such
36 date.
