NY State Senate Bill 2019-S3434

Senate Bill S3434

2019-2020 Legislative Session

Requires software that blocks automated calls to be provided in state contracts that include information and communication technologies

download bill text pdf

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to finance
Feb 07, 2019	referred to finance

2019-S3434 (ACTIVE) - Details

See Assembly Version of this Bill:: A3481
Current Committee:: Senate Finance
Law Section:: State Finance Law
Laws Affected:: Add §148, St Fin L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A9932
2021-2022: S1826, A590, A3615
2023-2024: S3368, A1171, A4371

2019-S3434 (ACTIVE) - Summary

Requires software that blocks automated calls to be provided in state contracts that include information and communication technologies.

2019-S3434 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3434

SPONSOR: SKOUFIS
 
TITLE OF BILL:  An act to amend the state finance law, in relation to
requiring software that blocks automated calls to be provided in state
contracts that include information and communication technologies

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill helps consumers by requiring phone service providers to make
technology available that would block automated robo-solicitation calls
and calls that use fake caller IDs to trick people into answering.

 
SUMMARY OF PROVISIONS:

Section 1: Amends the state finance law by adding a new section 148 to
read as follows:

1. (a)-(d) Definitions

2. Requires that where a contract that includes information and communi-

cation technologies is to be awarded by a state agency, public authority
or municipality pursuant to a competitive bidding process or a request
for proposal process, the subsequent awarded contract shall require that
software that blocks automated calls and calls that cause a caller iden-
tification service to transmit false caller identification information
be made available to all telephone and wireless cellphone customers.
Such software must be provided free of charge.

Section 2: Effective date.

 
JUSTIFICATION:

We all get them - calls from businesses, individuals and enterprises
attempting to solicit you by phone even if your number is registered
with the Do Not Call Registry. They use technology that transmits false
caller ID information as well as automated call systems that dial thou-
sands of numbers all day long. Not only are these calls annoying and
cause one to screen even their legitimate calls, sometimes these calls
are from criminals attempting to scam the unsuspecting, and others
attempting to harass or threaten. Simply, these calls are not a legiti-
mate use of telecommunication services and we should not be receiving
them.

New York State and its political subdivisions contract with numerous
telecommunication companies. Currently technology is available that can
prevent over 80% of these calls from being transmitted to your landline
or wireless phone. Telecommunications companies have a responsibility to
not allow their product to be utilized for illegal purposes. This legis-
lation, if passed, will prohibit any telecommunication company from
contracting with New York State or any of its political subdivisions
unless they provide automated call blocking technology free of charge to
all their landline or wireless telephone customers in New York State.

 
PRIOR LEGISLATIVE HISTORY:

None

 
FISCAL IMPLICATIONS:
None

 
EFFECTIVE DATE:
This act takes effect immediately.

2019-S3434 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3434
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 7, 2019
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 AN ACT to amend the state finance law, in relation to requiring software
   that blocks automated calls to be provided  in  state  contracts  that
   include information and communication technologies

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The state finance law is amended by adding  a  new  section
 148 to read as follows:
   § 148. AUTOMATED CALL SOFTWARE. 1. AS USED IN THIS SECTION:
   A.  "INFORMATION  AND  COMMUNICATION TECHNOLOGIES" INCLUDES, BUT SHALL
 NOT BE LIMITED TO, ANY COMMUNICATION  DEVICE  OR  APPLICATION  INCLUDING
 RADIO,  TELEVISION,  CELLULAR  PHONES, COMPUTER AND NETWORK HARDWARE AND
 SOFTWARE, AND SATELLITE SYSTEMS AS WELL  AS  THE  VARIOUS  SERVICES  AND
 APPLICATIONS   ASSOCIATED  WITH  THEM,  SUCH  AS  VIDEOCONFERENCING  AND
 DISTANCE LEARNING;
   B. "CALLER IDENTIFICATION INFORMATION" MEANS INFORMATION  PROVIDED  TO
 AN  END  USER BY A CALLER IDENTIFICATION SERVICE REGARDING THE TELEPHONE
 NUMBER OF, OR OTHER INFORMATION REGARDING THE  ORIGINATION  OF,  A  CALL
 MADE USING A TELECOMMUNICATIONS SERVICE OR VOIP SERVICE;
   C.  "CALLER  IDENTIFICATION  SERVICE"  MEANS  ANY  SERVICE  OR  DEVICE
 DESIGNED TO PROVIDE THE USER OF THE SERVICE OR DEVICE WITH THE TELEPHONE
 NUMBER OF, OR OTHER INFORMATION REGARDING THE  ORIGINATION  OF,  A  CALL
 MADE  USING  A  TELECOMMUNICATIONS  SERVICE  OR  VOIP SERVICE. SUCH TERM
 INCLUDES AUTOMATIC NUMBER IDENTIFICATION SERVICES; AND
   D. "VOIP SERVICE" MEANS ANY SERVICE THAT: ENABLES REAL  TIME,  TWO-WAY
 VOICE  COMMUNICATION  ORIGINATING  FROM  OR  TERMINATING  AT  THE USER'S
 LOCATION IN INTERNET PROTOCOL OR A SUCCESSOR PROTOCOL; UTILIZES A BROAD-
 BAND CONNECTION AT THE USER'S LOCATION; AND PERMITS A USER TO RECEIVE  A
 CALL  THAT  ORIGINATES  ON  THE PUBLIC SWITCHED TELEPHONE NETWORK AND TO
 TERMINATE A CALL TO THE PUBLIC SWITCHED TELEPHONE NETWORK.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD06066-01-9

 S. 3434                             2
 
   2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, WHERE A
 CONTRACT THAT INCLUDES INFORMATION AND COMMUNICATION TECHNOLOGIES IS  TO
 BE  AWARDED BY A STATE AGENCY, PUBLIC AUTHORITY OR MUNICIPALITY PURSUANT
 TO A COMPETITIVE BIDDING PROCESS OR A REQUEST FOR PROPOSAL PROCESS, SUCH
 COMPETITIVE  BIDDING  PROCESS OR REQUEST FOR PROPOSAL AND THE SUBSEQUENT
 AWARDED CONTRACT SHALL REQUIRE THAT SUCH INFORMATION  AND  COMMUNICATION
 TECHNOLOGIES  SHALL  MAKE AVAILABLE SOFTWARE THAT BLOCKS AUTOMATED CALLS
 AND CALLS THAT CAUSE A CALLER IDENTIFICATION SERVICE TO  TRANSMIT  FALSE
 CALLER  IDENTIFICATION  INFORMATION  TO  ALL TELEPHONE AND WIRELESS CELL
 PHONE CUSTOMERS. SUCH SOFTWARE SHALL BE PROVIDED FREE OF CHARGE.
   § 2. This act shall take effect on the first of January next  succeed-
 ing the date it shall have become a law.

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