NY State Senate Bill 2021-S4457

Archive: Last Bill Status - In Senate Committee Consumer Protection 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to consumer protection
Feb 04, 2021	referred to consumer protection

co-Sponsors

2021-S4457 (ACTIVE) - Details

See Assembly Version of this Bill:: A1163
Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Amd §399-p, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S4581
2015-2016: S2733, A6026
2017-2018: S5606, A5488
2019-2020: S3981, A5343
2023-2024: S1735

2021-S4457 (ACTIVE) - Summary

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.

2021-S4457 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4457

SPONSOR: KRUEGER
 
TITLE OF BILL:

An act to amend the general business law, in relation to pre-recorded
political messages

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would require before delivery of a pre-recorded political
message, a live operator to with in thirty seconds of the call to name
the candidate and/or organizations the person is calling on behalf of
and who paid for the call. In addition, the Attorney General is granted
the power to investigate violations including the power Subpoena
records.

 
SUMMARY OF PROVISIONS:

A new subdivision 7 is added to the General Business law to require
before delivery a pre-recorded political message, a live operator to

within thirty seconds of the call to name the candidate and/or organiza-
tions the person is calling on behalf of and who paid for the call.

The bill references the definition of political committee contained
within Election Law Section 14-100.

Copies of scripts and schedules of calls would be required to be filed
with the New York State Board of Elections.

Persons or political committees operating automatic dialing announcing
devices or placing any consumer telephone calls pre-recorded political
messages must register with the Secretary of State and NYS Board of
Elections

The State Attorney-General would also be given power investigate poten-
tial violations including the power to subpoena records in furtherance
of the investigation.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

Amended version adds the requirement that persons and/or political
committees must register with the Secretary of State and NYS Board of
Elections.

Amended version adds power to Attorney General to investigate potential
violations with ability to subpoena records.  Requirement of consent is
deleted from amended version.

 
JUSTIFICATION:

Telephone customers are receiving an ever increasing number robocalls of
each year. The Federal Trade Commission now receives over 200,000
complaints about robocalls each month. However, neither federal nor
state law provide adequate disclosure requirements regarding robocall
initiators.

This bill would regulate the business of robocalls that many candidates
rely upon but which many constituents loath. Specifically, the bill
would require companies to utilize a live operator to greet the consumer
and within thirty seconds of the call to name the candidate and/or
organizations the person is calling on behalf of and who paid for the
call.

Currently, fourteen states have regulated the business robocalls. In
addition, state courts as well as federal courts have found statutes
such as this to be constitutional so long as they are not overly broad.

 
PRIOR LEGISLATIVE HISTORY:

2019-2020-S.3981/A5343-A- died in consumer protection

2017-2018-5.5606 No Same As - died in Consumer Protection

2015-2016S.2733 No Same As - died in Consumer Protection

2013-2014-5.4581 No Same As- died in Consumer Protection

 
FISCAL. IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S4457 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4457
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 4, 2021
                                ___________
 
 Introduced  by Sens. KRUEGER, LIU -- read twice and ordered printed, and
   when printed to be committed to the Committee on Consumer 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

 S. 4457                             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.

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Senate Bill S4457

Sponsored By

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

co-Sponsors

2021-S4457 (ACTIVE) - Details

2021-S4457 (ACTIVE) - Summary

2021-S4457 (ACTIVE) - Sponsor Memo

2021-S4457 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4457

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Sponsored By

Liz Krueger

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

co-Sponsors

John C. Liu

2021-S4457 (ACTIVE) - Details

2021-S4457 (ACTIVE) - Summary

2021-S4457 (ACTIVE) - Sponsor Memo

2021-S4457 (ACTIVE) - Bill Text download pdf

Comments