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STATE OF NEW YORK
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1689

2011-2012 Regular Sessions

IN ASSEMBLY

January 11, 2011
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Introduced by M. of A. McENENY, REILLY, MILLMAN -- Multi-Sponsored by --
  M.  of  A.  GALEF,  MAGEE, WEISENBERG -- read once and referred to the
  Committee on Consumer Affairs and Protection

AN ACT to amend the general business law, the public service law and the
  state finance law, in relation to establishing the no political solic-
  itation call statewide registry regarding political calls

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new section
399-zzzz to read as follows:
  S  399-ZZZZ.  POLITICAL  SOLICITATION;  ESTABLISHMENT  OF NO POLITICAL
SOLICITATION CALL STATEWIDE REGISTRY.  1. AS USED IN THIS  SECTION,  THE
FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  A. "BOARD" SHALL MEAN THE CONSUMER PROTECTION BOARD;
  B.  "DIRECTOR" MEANS THE EXECUTIVE DIRECTOR OF THE CONSUMER PROTECTION
BOARD;
  C.  "PERSON" MEANS ANY NATURAL PERSON, ASSOCIATION, PARTNERSHIP, FIRM,
CORPORATION AND ITS AFFILIATES OR SUBSIDIARIES OR OTHER BUSINESS ENTITY;
AND
  D. "UNSOLICITED POLITICAL CALL" MEANS ANY TELEPHONE CALL OTHER THAN  A
CALL MADE:
  (I)  IN RESPONSE TO AN EXPRESS WRITTEN OR VERBAL REQUEST OF THE PERSON
CALLED; OR
  (II) IN CONNECTION WITH AN ESTABLISHED POLITICAL  RELATIONSHIP,  WHICH
HAS NOT BEEN TERMINATED BY EITHER PARTY.
  2.  THE BOARD SHALL ESTABLISH AND MAINTAIN A NO POLITICAL SOLICITATION
CALL STATEWIDE REGISTRY WHICH SHALL CONTAIN A LIST OF PERSONS WHO DO NOT
WISH TO RECEIVE AN UNSOLICITED POLITICAL CALL. THE  BOARD  MAY  CONTRACT
WITH  A PRIVATE VENDOR TO ESTABLISH AND MAINTAIN SUCH REGISTRY, PROVIDED
THE PRIVATE VENDOR HAS MAINTAINED  NATIONAL  NO  POLITICAL  SOLICITATION
CALL  REGISTRIES  FOR MORE THAN TWO YEARS, AND THE CONTRACT REQUIRES THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01822-01-1
A. 1689                             2

VENDOR TO PROVIDE THE NO POLITICAL SOLICITATION CALL STATEWIDE  REGISTRY
IN  A  PRINTED HARD COPY FORMAT AND IN ANY OTHER FORMAT AS PRESCRIBED BY
THE BOARD.
  3.  NO  CALLERS MAY MAKE OR CAUSE TO BE MADE ANY UNSOLICITED POLITICAL
CALL TO ANY PERSON MORE THAN THIRTY DAYS AFTER  THE  PERSON'S  NAME  AND
TELEPHONE  NUMBER  OR  NUMBERS  APPEAR  ON THE THEN CURRENT QUARTERLY NO
POLITICAL SOLICITATION CALL STATEWIDE REGISTRY  MADE  AVAILABLE  BY  THE
BOARD PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
  4.  A.  THE  BOARD SHALL PROVIDE NOTICE OF THE ESTABLISHMENT OF THE NO
POLITICAL SOLICITATION CALL STATEWIDE REGISTRY. ANY PERSON WHO WISHES TO
BE INCLUDED ON  SUCH  LISTING  SHALL  NOTIFY  THE  BOARD  BY  CALLING  A
TOLL-FREE  NUMBER PROVIDED BY THE BOARD, OR IN ANY OTHER SUCH MANNER AND
AT SUCH TIMES AS THE BOARD MAY PRESCRIBE WHICH MAY INCLUDE  NOTIFICATION
VIA  THE  INTERNET. A PERSON ON SUCH REGISTRY SHALL BE DELETED FROM SUCH
REGISTRY UPON THE PERSON'S WRITTEN REQUEST. THE BOARD SHALL UPDATE  SUCH
REGISTRY  NOT LESS THAN QUARTERLY AND SHALL MAKE SUCH REGISTRY AVAILABLE
TO POLITICAL CALLERS FOR A FEE AS THE BOARD SHALL PRESCRIBE.
  B. ANY COMPANY THAT PROVIDES LOCAL TELEPHONE DIRECTORIES TO PERSONS OF
THIS STATE SHALL INFORM ITS CUSTOMERS OF THE PROVISIONS OF THIS  SECTION
BY MEANS OF PUBLISHING A NOTICE IN SUCH LOCAL TELEPHONE DIRECTORIES.
  5.  THE BOARD SHALL PRESCRIBE RULES AND REGULATIONS TO ADMINISTER THIS
SECTION.
  6. A. WHERE IT  IS  DETERMINED  AFTER  HEARING  THAT  ANY  PERSON  HAS
VIOLATED  ONE  OR  MORE PROVISIONS OF THIS SECTION, THE DIRECTOR, OR ANY
PERSON DEPUTIZED OR SO DESIGNATED BY HIM OR HER MAY ASSESS A FINE NOT TO
EXCEED TWO HUNDRED DOLLARS FOR EACH VIOLATION.
  B. ANY PROCEEDING CONDUCTED PURSUANT TO PARAGRAPH A OF  THIS  SUBDIVI-
SION SHALL BE SUBJECT TO THE STATE ADMINISTRATIVE PROCEDURE ACT.
  C.  NOTHING  IN  THIS  SUBDIVISION  SHALL BE CONSTRUED TO RESTRICT ANY
RIGHT WHICH ANY PERSON MAY HAVE UNDER ANY OTHER  STATUTE  OR  AT  COMMON
LAW.
  7. A PERSON SHALL NOT BE HELD LIABLE FOR VIOLATING THIS SECTION IF:
  A.  THE  PERSON  HAS OBTAINED A COPY OF AN UPDATED, QUARTERLY NO POLI-
TICAL SOLICITATION CALL  STATEWIDE  REGISTRY  AND  HAS  ESTABLISHED  AND
IMPLEMENTED  WRITTEN  POLICIES AND PROCEDURES RELATED TO THE REQUIREMENT
OF THIS SECTION;
  B. THE PERSON HAS TRAINED HIS OR HER PERSONNEL IN THE REQUIREMENTS  OF
THIS SECTION;
  C.  THE  PERSON  MAINTAINS RECORDS DEMONSTRATING COMPLIANCE WITH PARA-
GRAPHS A AND B OF THIS SUBDIVISION AND THE REQUIREMENTS OF THIS SECTION;
AND
  D. ANY SUBSEQUENT UNSOLICITED POLITICAL CALL IS THE RESULT OF ERROR.
  S 2. The opening paragraph of section 92-d of the public service  law,
as  separately  amended  by chapters 546 and 547 of the laws of 2000, is
amended to read as follows:
  Each local exchange telephone company shall inform  its  customers  of
the  provisions  of  sections  three  hundred ninety-nine-p [and], three
hundred ninety-nine-z [and],  three  hundred  ninety-nine-pp  AND  THREE
HUNDRED  NINETY-NINE-ZZZZ  of the general business law and article ten-B
of the personal property law, as such provisions relate to the rights of
consumers with respect to telemarketers, sellers, the  no  telemarketing
sales  [call]  CALLS  statewide  registry, THE NO POLITICAL SOLICITATION
CALL STATEWIDE REGISTRY, and automatic  dialing-announcing  devices,  by
means of:
  S  3. Section 97-www of the state finance law, as added by chapter 547
of the laws of 2000, is amended to read as follows:
A. 1689                             3

  S 97-www.  [1.] Consumer protection account. 1. There is hereby estab-
lished in the joint custody of the state comptroller and the commission-
er of taxation and finance an account within the  miscellaneous  special
revenue fund to be known as the "consumer protection account."
  2.  Such  account  shall consist of all fees and penalties received by
the state consumer protection board pursuant to  article  ten-B  of  the
personal  property  law,  [section] SECTIONS three hundred ninety-nine-z
AND THREE HUNDRED NINETY-NINE-ZZZZ of the general business law  and  any
additional  monies appropriated, credited or transferred to such account
by the Legislature. Any interest earned by the investment of  monies  in
such  account  shall  be  added  to  such  account,  become part of such
account, and be used for the purposes of such account.
  3. Monies in the account shall be  available  to  the  state  consumer
protection  board for the payment of costs of producing and distributing
educational materials and conducting educational activities relating  to
the  promotion  of the ["unsolicited telemarketing sales call] "NO TELE-
MARKETING SALES CALLS STATEWIDE registry", THE "NO  POLITICAL  SOLICITA-
TION  CALL  STATEWIDE  REGISTRY"  and all related costs and expenditures
incurred in the administration of [section] SECTIONS three hundred nine-
ty-nine-z AND THREE HUNDRED NINETY-NINE-ZZZZ of the general business law
and article ten-B of the personal property law.
  4. Monies in the account shall be paid out of the account on the audit
and warrant of the state comptroller on vouchers certified  or  approved
by the state consumer protection board or any officer or employee desig-
nated by the executive director.
  S 4. Severability. If any clause, sentence, paragraph, section or part
of  this act shall be adjudged by any court of competent jurisdiction to
be invalid and after exhaustion of  all  further  judicial  review,  the
judgment  shall  not affect, impair or invalidate the remainder thereof,
but shall be confined in its operation to the  clause,  sentence,  para-
graph,  section or part of this act directly involved in the controversy
in which the judgment shall have been rendered.
  S 5. This act shall take effect April 1, 2011; provided, however, that
any rules and regulations necessary for  the  timely  implementation  of
this  act  on  its effective date shall be promulgated on or before such
date.