S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         3751

                              2013-2014 Regular Sessions

                                   I N  S E N A T E

                                   February 13, 2013
                                      ___________

       Introduced  by  Sens.  DeFRANCISCO, BOYLE, LARKIN, MARTINS -- 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  enacting  the
         "voter privacy act" to include political calls in the no telemarketing
         sales calls statewide registry

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

    1    Section 1. This act shall be known and may  be  cited  as  the  "voter
    2  privacy act".
    3    S  2.  Paragraphs (c) and (d) of subdivision 1 of section 399-p of the
    4  general business law, as amended by chapter 581 of the laws of 1992, are
    5  amended to read as follows:
    6    (c) "consumer" means a natural person who is  solicited  to  purchase,
    7  lease  or  receive  a  good or service for personal, family or household
    8  use, OR WHO IS SOLICITED TO SUPPORT A CANDIDATE FOR PUBLIC OFFICE, OR  A
    9  POLITICAL POSITION, ISSUE OR CAUSE;
   10    (d)  "consumer telephone call" means a call made to a telephone number
   11  by a telephone solicitor, whether  by  device,  live  operator,  or  any
   12  combination thereof, for the purpose of soliciting a sale of any consum-
   13  er  goods  or services for personal, family or household purposes to the
   14  consumer called, or for the purpose of soliciting an extension of credit
   15  for consumer goods or services  to  the  consumer  called,  or  for  the
   16  purpose of obtaining information that will or may be used for the direct
   17  solicitation  of  a  sale  of consumer goods or services to the consumer
   18  called or an extension of credit for such purposes, OR FOR  THE  PURPOSE
   19  OF  PROMOTING  A  CANDIDATE  FOR PUBLIC OFFICE, OR A POLITICAL POSITION,
   20  ISSUE OR CAUSE; provided, however, that "consumer telephone call"  shall
   21  not include a call made by a telephone corporation, as defined by subdi-
   22  vision  seventeen  of section two of the public service law, in response

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07813-01-3

       S. 3751                             2

    1  to a specific inquiry initiated by a consumer regarding that  consumer's
    2  existing or requested telephone service; and
    3    S  3.  Paragraphs  c  and  j  of subdivision 1 of section 399-z of the
    4  general business law, as amended by chapter 369 of the laws of 2012, are
    5  amended to read as follows:
    6    c. "Customer" means any natural person who is a resident of this state
    7  and who is or may be required to pay for or  to  exchange  consideration
    8  for goods and services offered through telemarketing, OR WHO IS SOLICIT-
    9  ED  TO  SUPPORT  A CANDIDATE FOR PUBLIC OFFICE, OR A POLITICAL POSITION,
   10  ISSUE OR CAUSE;
   11    j. "Telemarketing sales call" means a telephone call made by  a  tele-
   12  marketer or by any outbound telephone calling technology that delivers a
   13  prerecorded  message  to  a  customer  or  to  a customer's voicemail or
   14  answering machine service for the purpose of  inducing  payment  or  the
   15  exchange  of  any  other consideration for any goods or services, OR FOR
   16  THE PURPOSE OF PROMOTING A CANDIDATE FOR PUBLIC OFFICE, OR  A  POLITICAL
   17  POSITION, ISSUE OR CAUSE;
   18    S 4. This act shall take effect immediately.