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BILL NUMBER:S3751

TITLE OF BILL:  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

PURPOSE: Provides for enacting the "voter privacy act"

SUMMARY OF PROVISIONS:

Section 1 - This act shall be known at the "voter privacy act".

Section 2 - Amends paragraph (c) and (d) of subdivision 1 of section 399-p of the general business law, as amended by chapter 581 of the laws of 1992

Section 3 - Amends paragraph c and j of subdivision 1 of section 399-z of the general business law, as amended by chapter 369 of the laws of 2012.

Section 4 - Effective date

JUSTIFICATION:  This bill would permit individuals to opt out of receiving political calls by including those calls in the no telemarketing sales calls statewide registry.

LEGISLATIVE HISTORY: New bill

FISCAL IMPLICATIONS:  None to the state as registry already exists.

EFFECTIVE DATE: Immediately

Text

STATE OF NEW YORK
________________________________________________________________________

3751

2013-2014 Regular Sessions

IN SENATE

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:

  Section 1. This act shall be known and may  be  cited  as  the  "voter
privacy act".
  S  2.  Paragraphs (c) and (d) of subdivision 1 of section 399-p of the
general business law, as amended by chapter 581 of the laws of 1992, are
amended to read as follows:
  (c) "consumer" means a natural person who is  solicited  to  purchase,
lease  or  receive  a  good or service for personal, family or household
use, OR WHO IS SOLICITED TO SUPPORT A CANDIDATE FOR PUBLIC OFFICE, OR  A
POLITICAL POSITION, ISSUE OR CAUSE;
  (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, OR FOR  THE  PURPOSE
OF  PROMOTING  A  CANDIDATE  FOR PUBLIC OFFICE, OR A POLITICAL POSITION,
ISSUE OR CAUSE; provided, however, that "consumer telephone call"  shall
not include a call made by a telephone corporation, as defined by subdi-
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

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