Bill Text: NY A05343 | 2019-2020 | General Assembly | Amended


Bill Title: Relates to pre-recorded political messages; prohibits automatic dialing-announcing devices unless a live operator provides certain information in the first thirty seconds; requires registration; authorizes attorney general to investigate violations.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-03-14 - print number 5343a [A05343 Detail]

Download: New_York-2019-A05343-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         5343--A
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 11, 2019
                                       ___________
        Introduced  by  M.  of  A.  SEAWRIGHT  --  read once and referred to the
          Committee on Consumer Affairs and Protection -- committee  discharged,
          bill  amended,  ordered  reprinted  as amended and recommitted to said
          committee
        AN ACT to amend the general business law, in  relation  to  pre-recorded
          political messages
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Paragraphs (d) and (e) of subdivision 1 of section 399-p of
     2  the general business law, as amended by chapter 581 of the laws of 1992,
     3  are amended and two new paragraphs (f) and (g)  are  added  to  read  as
     4  follows:
     5    (d)  "consumer telephone call" means a call made to a telephone number
     6  by a telephone solicitor, whether  by  device,  live  operator,  or  any
     7  combination thereof, for the purpose of soliciting a sale of any consum-
     8  er  goods  or services for personal, family or household purposes to the
     9  consumer called, or for the purpose of soliciting an extension of credit
    10  for consumer goods or services  to  the  consumer  called,  or  for  the
    11  purpose of obtaining information that will or may be used for the direct
    12  solicitation  of  a  sale  of consumer goods or services to the consumer
    13  called or an extension of credit for such purposes;  provided,  however,
    14  that  "consumer telephone call" shall not include a call made by a tele-
    15  phone corporation, as defined by subdivision seventeen of section two of
    16  the public service law, in response to a specific inquiry initiated by a
    17  consumer regarding  that  consumer's  existing  or  requested  telephone
    18  service; [and]
    19    (e)  "telephone  solicitor"  means  a person who makes or causes to be
    20  made a consumer telephone call[.];
    21    (f) "political committee" shall have the same meaning  as  subdivision
    22  one of section 14-100 of the election law; and
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06741-02-9

        A. 5343--A                          2
     1    (g)  "pre-recorded  political message" shall mean a pre-recorded audio
     2  message delivered by telephone that is by:
     3    i. a candidate or political committee; or
     4    ii. any person when the content of the message expressly or implicitly
     5  advocates  the success or defeat of any party, measure, or person at any
     6  election, or contains information about any candidate or party.
     7    § 2. Subdivisions 7, 8 and 9 of section 399-p of the general  business
     8  law  are  renumbered subdivisions 8, 9 and 10 and a new subdivision 7 is
     9  added to read as follows:
    10    7. (a) No person or political committee  shall  deliver  or  knowingly
    11  cause  to  be  delivered  using an automatic dialing-announcing device a
    12  pre-recorded political message unless a live operator  provides,  within
    13  the first thirty seconds of the message the following information:
    14    i.  the  name of the candidate or of any organization or organizations
    15  the person is calling on behalf of; and
    16    ii. the name of the person or organization paying for the delivery  of
    17  the message and the name of the treasurer of any such committee.
    18    (b)  A  copy  of all such scripts and schedules of such calls shall be
    19  filed with the New York state board of  elections  pursuant  to  article
    20  fourteen  of  the  election  law  within twenty-four hours of such calls
    21  being made.
    22    (c) Any person or political committee operating an automatic  dialing-
    23  announcing device or placing any consumer telephone calls or pre-record-
    24  ed political messages shall register with the secretary of state as well
    25  as the New York state board of elections.
    26    (d)   The  attorney  general  shall  have  the  power  to  investigate
    27  violations of this subdivision. Such power shall also include the abili-
    28  ty to subpoena records in furtherance of any such investigation.
    29    (e) Violations of this subdivision shall be punishable by a civil fine
    30  not to exceed two thousand dollars per occurrence.
    31    § 3. This act shall take effect immediately.
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