S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5488
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 9, 2017
                                ___________
 
 Introduced  by  M.  of A. SEAWRIGHT, HARRIS -- read once and referred to
   the Committee on Consumer Affairs and Protection
 
 AN ACT to amend the general  business  law,  in  relation  to  requiring
   certain  information be provided before placing pre-recorded political
   messages

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraphs (d) and (e) of subdivision 1 of section 399-p of
 the general business law, as amended by chapter 581 of the laws of 1992,
 are  amended  and  two  new  paragraphs (f) and (g) are added to read as
 follows:
   (d) "consumer telephone call" means a call made to a telephone  number
 by  a  telephone  solicitor,  whether  by  device, live operator, or any
 combination thereof, for the purpose of soliciting a sale of any consum-
 er goods or services for personal, family or household purposes  to  the
 consumer called, or for the purpose of soliciting an extension of credit
 for  consumer  goods  or  services  to  the  consumer called, or for the
 purpose of obtaining information that will or may be used for the direct
 solicitation of a sale of consumer goods or  services  to  the  consumer
 called  or  an extension of credit for such purposes; provided, however,
 that "consumer telephone call" shall not include a call made by a  tele-
 phone corporation, as defined by subdivision seventeen of section two of
 the public service law, in response to a specific inquiry initiated by a
 consumer  regarding  that  consumer's  existing  or  requested telephone
 service; [and]
   (e) "telephone solicitor" means a person who makes  or  causes  to  be
 made a consumer telephone call[.];
   (F)  "POLITICAL  COMMITTEE" SHALL HAVE THE SAME MEANING AS SUBDIVISION
 ONE OF SECTION 14-100 OF THE ELECTION LAW; AND
   (G) "PRE-RECORDED POLITICAL MESSAGE" SHALL MEAN A  PRE-RECORDED  AUDIO
 MESSAGE DELIVERED BY TELEPHONE THAT IS BY:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05539-01-7

 A. 5488                             2
 
   I. A CANDIDATE OR POLITICAL COMMITTEE; OR
   II. ANY PERSON WHEN THE CONTENT OF THE MESSAGE EXPRESSLY OR IMPLICITLY
 ADVOCATES  THE SUCCESS OR DEFEAT OF ANY PARTY, MEASURE, OR PERSON AT ANY
 ELECTION, OR CONTAINS INFORMATION ABOUT ANY CANDIDATE OR PARTY.
   § 2. Subdivisions 7, 8 and 9 of section 399-p of the general  business
 law  are  renumbered subdivisions 8, 9 and 10 and a new subdivision 7 is
 added to read as follows:
   7. (A) NO PERSON OR POLITICAL COMMITTEE  SHALL  DELIVER  OR  KNOWINGLY
 CAUSE  TO  BE  DELIVERED  USING AN AUTOMATIC DIALING-ANNOUNCING DEVICE A
 PRE-RECORDED POLITICAL MESSAGE OR CONSUMER TELEPHONE CALL UNLESS A  LIVE
 OPERATOR  PROVIDES,  WITHIN  THE FIRST THIRTY SECONDS OF THE MESSAGE THE
 FOLLOWING INFORMATION:
   I. THE NAME OF THE CANDIDATE OR OF ANY ORGANIZATION  OR  ORGANIZATIONS
 THE PERSON IS CALLING ON BEHALF OF;
   II.  THE NAME OF THE PERSON OR ORGANIZATION PAYING FOR THE DELIVERY OF
 THE MESSAGE AND THE NAME OF THE TREASURER OF ANY SUCH COMMITTEE; AND
   III. ASKS THE RECIPIENT OF SUCH CALL IF HE OR SHE DOES IN FACT WANT TO
 LISTEN TO SUCH CALL.
   (B) A COPY OF ALL SUCH SCRIPTS AND SCHEDULES OF SUCH  CALLS  SHALL  BE
 FILED  WITH  THE  NEW  YORK STATE BOARD OF ELECTIONS PURSUANT TO ARTICLE
 FOURTEEN OF THE ELECTION LAW.
   (C) VIOLATIONS OF THIS SUBDIVISION SHALL BE PUNISHABLE BY A CIVIL FINE
 NOT TO EXCEED TWO THOUSAND DOLLARS PER OCCURRENCE.
   § 3. This act shall take effect immediately.