S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1163
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 7, 2021
                                ___________
 
 Introduced  by  M.  of  A.  SEAWRIGHT  --  read once and referred to the
   Committee on Consumer Affairs and Protection
 
 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:

   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:
   I. A CANDIDATE OR POLITICAL COMMITTEE; OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05641-01-1

 A. 1163                             2
 
   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 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; AND
   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.
   (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 WITHIN  TWENTY-FOUR  HOURS  OF  SUCH  CALLS
 BEING MADE.
   (C)  ANY PERSON OR POLITICAL COMMITTEE OPERATING AN AUTOMATIC DIALING-
 ANNOUNCING DEVICE OR PLACING ANY CONSUMER TELEPHONE CALLS OR PRE-RECORD-
 ED POLITICAL MESSAGES SHALL REGISTER WITH THE SECRETARY OF STATE AS WELL
 AS THE NEW YORK STATE BOARD OF ELECTIONS.
   (D)  THE  ATTORNEY  GENERAL  SHALL  HAVE  THE  POWER  TO   INVESTIGATE
 VIOLATIONS OF THIS SUBDIVISION. SUCH POWER SHALL ALSO INCLUDE THE ABILI-
 TY TO SUBPOENA RECORDS IN FURTHERANCE OF ANY SUCH INVESTIGATION.
   (E) 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.