Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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---|---|
Jun 14, 2016 |
referred to consumer affairs and protection delivered to assembly passed senate |
Jun 08, 2016 |
ordered to third reading cal.1523 |
Jun 07, 2016 |
reported and committed to rules |
May 24, 2016 |
reported and committed to finance |
Jan 06, 2016 |
referred to consumer protection returned to senate died in assembly |
Jun 10, 2015 |
referred to consumer affairs and protection delivered to assembly passed senate |
Jun 09, 2015 |
ordered to third reading cal.1347 reported and committed to rules |
May 28, 2015 |
reported and committed to finance |
Jan 07, 2015 |
referred to consumer protection |
Senate Bill S434
2015-2016 Legislative Session
Provides that a business entity may not alter caller identification information with the intent to defraud or harass a third party or the recipient of the call
download bill text pdfSponsored By
(R, C) 60th Senate District
Archive: Last Bill Status - In Assembly Committee
- Introduced
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- In Committee Assembly
- In Committee Senate
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- On Floor Calendar Assembly
- On Floor Calendar Senate
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- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
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Floor Vote: Jun 14, 2016
aye (61)- Addabbo Jr.
- Akshar
- Amedore
- Avella
- Bonacic
- Boyle
- Breslin
- Carlucci
- Comrie
- Croci
- DeFrancisco
- Dilan
- Espaillat
- Farley
- Felder
- Flanagan
- Funke
- Gallivan
- Gianaris
- Golden
- Griffo
- Hamilton
- Hannon
- Hassell-Thompson
- Hoylman-Sigal
- Kaminsky
- Kennedy
- Klein
- Krueger
- LaValle
- Lanza
- Larkin
- Latimer
- Little
- Marcellino
- Marchione
- Martins
- Montgomery
- Murphy
- Nozzolio
- O'Mara
- Ortt
- Panepinto
- Peralta
- Perkins
- Persaud
- Ranzenhofer
- Ritchie
- Rivera
- Robach
- Sanders Jr.
- Savino
- Serino
- Serrano
- Seward
- Squadron
- Stavisky
- Stewart-Cousins
- Valesky
- Venditto
- Young
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Floor Vote: Jun 10, 2015
aye (61)- Addabbo Jr.
- Amedore
- Avella
- Bonacic
- Boyle
- Breslin
- Carlucci
- Comrie
- Croci
- DeFrancisco
- Diaz
- Dilan
- Espaillat
- Farley
- Felder
- Flanagan
- Funke
- Gallivan
- Gianaris
- Golden
- Griffo
- Hamilton
- Hannon
- Hassell-Thompson
- Hoylman-Sigal
- Kennedy
- Klein
- Krueger
- LaValle
- Lanza
- Larkin
- Latimer
- Little
- Marcellino
- Marchione
- Martins
- Montgomery
- Murphy
- Nozzolio
- O'Mara
- Ortt
- Panepinto
- Parker
- Peralta
- Ranzenhofer
- Ritchie
- Rivera
- Robach
- Sampson
- Sanders Jr.
- Savino
- Serino
- Serrano
- Seward
- Skelos
- Squadron
- Stavisky
- Stewart-Cousins
- Valesky
- Venditto
- Young
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Jun 8, 2016 - Rules Committee Vote
S43424Aye0Nay0Aye with Reservations0Absent1Excused0Abstained-
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Rules Committee Vote: Jun 8, 2016
aye (24)excused (1)
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Jun 9, 2015 - Rules Committee Vote
S43425Aye0Nay0Aye with Reservations0Absent0Excused0Abstained-
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Rules Committee Vote: Jun 9, 2015
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Jun 7, 2016 - Finance Committee Vote
S43436Aye0Nay0Aye with Reservations0Absent1Excused0Abstained-
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Finance Committee Vote: Jun 7, 2016
aye (36)excused (1)
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Jun 9, 2015 - Finance Committee Vote
S43436Aye0Nay0Aye with Reservations0Absent0Excused0Abstained-
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Finance Committee Vote: Jun 9, 2015
aye (36)
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May 24, 2016 - Consumer Protection Committee Vote
S43411Aye0Nay0Aye with Reservations0Absent0Excused0Abstained -
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co-Sponsors
(D) 14th Senate District
(D) Senate District
2015-S434 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A7158
- Current Committee:
- Assembly Consumer Affairs And Protection
- Law Section:
- General Business Law
- Laws Affected:
- Add §399-ppp, Gen Bus L; amd §8303, CPLR
- Versions Introduced in Other Legislative Sessions:
-
2009-2010:
S7713
2011-2012: S2909, A52
2013-2014: S2497, A496
2017-2018: S1982, A1950
2019-2020: A7532
2021-2022: A3595
2023-2024: A2581
2015-S434 (ACTIVE) - Sponsor Memo
BILL NUMBER: S434 REVISED 6/1/15 TITLE OF BILL : An act to amend the general business law and the civil practice law and rules, in relation to prohibiting business entities from transmitting false caller identification information with the intent to defraud or harass any person PURPOSE : This legislation would ban business entities from "spoofing." Spoofing is the transmission of false caller identification information with the intent to defraud or harass any person. SUMMARY OF PROVISIONS : Section one amends the general business law by adding a new section 399-ppp. Subdivision I of section 399-ppp provides that it shall be unlawful for any business entity, in connection with any telecommunications service or VoIP service, to cause any caller identification service to transmit false caller identification information when making a call to any person within the state with the intent to defraud or harass. Subdivision 2 of section 399-ppp provides definitions of "business identity," "caller identification information," "caller identification service," and "VoIP service." Subdivision 3 of section 399-ppp provides that whenever there is a violation of this section, the attorney general may make an application to a court or justice having jurisdiction to issue an
2015-S434 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 434 2015-2016 Regular Sessions I N S E N A T E (PREFILED) January 7, 2015 ___________ Introduced by Sen. GALLIVAN -- 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 and the civil practice law and rules, in relation to prohibiting business entities from transmitting false caller identification information with the intent to defraud or harass any person 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-ppp to read as follows: S 399-PPP. PROHIBITION ON PROVISION OF DECEPTIVE CALLER IDENTIFICATION INFORMATION. 1. IT SHALL BE UNLAWFUL FOR ANY BUSINESS ENTITY, IN CONNECTION WITH ANY TELECOMMUNICATIONS SERVICE OR VOIP SERVICE, TO CAUSE ANY CALLER IDENTIFICATION SERVICE TO TRANSMIT FALSE CALLER IDENTIFICA- TION INFORMATION, WITH THE INTENT TO DEFRAUD OR HARASS, WHEN MAKING A CALL TO ANY PERSON WITHIN THE STATE. 2. FOR PURPOSES OF THIS SECTION: (A) "BUSINESS ENTITY" MEANS A CORPORATION, ASSOCIATION, PARTNERSHIP, LIMITED LIABILITY COMPANY, LIMITED LIABILITY PARTNERSHIP OR OTHER LEGAL ENTITY. (B) "CALLER IDENTIFICATION INFORMATION" MEANS INFORMATION PROVIDED TO AN END USER BY A CALLER IDENTIFICATION SERVICE REGARDING THE TELEPHONE NUMBER OF, OR OTHER INFORMATION REGARDING THE ORIGINATION OF, A CALL MADE USING A TELECOMMUNICATIONS SERVICE OR VOIP SERVICE. (C) "CALLER IDENTIFICATION SERVICE" MEANS ANY SERVICE OR DEVICE DESIGNED TO PROVIDE THE USER OF THE SERVICE OR DEVICE WITH THE TELEPHONE NUMBER OF, OR OTHER INFORMATION REGARDING THE ORIGINATION OF, A CALL MADE USING A TELECOMMUNICATIONS SERVICE OR VOIP SERVICE. SUCH TERM INCLUDES AUTOMATIC NUMBER IDENTIFICATION SERVICES. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00375-02-5
S. 434 2 (D) "VOIP SERVICE" MEANS ANY SERVICE THAT: ENABLES REAL TIME, TWO-WAY VOICE COMMUNICATION ORIGINATING FROM OR TERMINATING AT THE USER'S LOCATION IN INTERNET PROTOCOL OR A SUCCESSOR PROTOCOL; UTILIZES A BROAD- BAND CONNECTION AT THE USER'S LOCATION; AND PERMITS A USER TO RECEIVE A CALL THAT ORIGINATES ON THE PUBLIC SWITCHED TELEPHONE NETWORK AND TO TERMINATE A CALL TO THE PUBLIC SWITCHED TELEPHONE NETWORK. 3. WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLICATION MAY BE MADE BY THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF THE STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION TO ISSUE AN INJUNCTION, AND UPON NOTICE TO THE DEFENDANT, TO IMMEDIATELY ENJOIN AND RESTRAIN THE CONTINUANCE OF SUCH VIOLATIONS; AND IF IT SHALL APPEAR TO THE SATISFACTION OF THE COURT OR JUSTICE, BY A PREPONDERANCE OF THE EVIDENCE, THAT THE DEFENDANT HAS, IN FACT, VIOLATED THIS SECTION AN INJUNCTION MAY BE ISSUED BY SUCH COURT OR JUSTICE ENJOINING AND RESTRAINING ANY FURTHER VIOLATION, WITHOUT REQUIRING PROOF THAT ANY PERSON HAS, IN FACT, BEEN INJURED OR DAMAGED THEREBY. THE COURT MAY MAKE ALLOWANCES TO THE ATTORNEY GENERAL AS PROVIDED IN PARAGRAPH SIX OF SUBDIVISION (A) OF SECTION EIGHTY-THREE HUNDRED THREE OF THE CIVIL PRAC- TICE LAW AND RULES. IN ADDITION TO ANY SUCH ALLOWANCES, THE COURT MAY DIRECT RESTITUTION TO ANY VICTIM UPON A SHOWING OF DAMAGES BY A PREPON- DERANCE OF THE EVIDENCE. IN ADDITION TO ANY SUCH RESTITUTION, WHENEVER THE COURT SHALL DETERMINE THAT A VIOLATION OF THIS SECTION HAS OCCURRED, THE COURT MAY IMPOSE A CIVIL PENALTY OF NOT MORE THAN TWO THOUSAND DOLLARS PER CALL, UP TO A TOTAL AGGREGATE AMOUNT OF NOT MORE THAN ONE HUNDRED THOUSAND DOLLARS, FOR ALL CALLS PLACED IN VIOLATION OF THIS SECTION WITHIN A CONTINUOUS SEVENTY-TWO HOUR PERIOD. IN CONNECTION WITH ANY SUCH PROPOSED APPLICATION, THE ATTORNEY GENERAL IS AUTHORIZED TO TAKE PROOF AND MAKE A DETERMINATION OF THE RELEVANT FACTS AND TO ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES. 4. SUBDIVISION THREE OF THIS SECTION DOES NOT CREATE, AND IS NOT INTENDED TO CREATE, ANY RIGHT OF ACTION AGAINST A TELECOMMUNICATIONS SERVICE PROVIDER OR VOIP SERVICE PROVIDER WHOSE SERVICE, INCLUDING CALL- ER IDENTIFICATION SERVICE, IS USED BY A BUSINESS ENTITY TO TRANSMIT OR DISPLAY FALSE CALLER IDENTIFICATION INFORMATION IN VIOLATION OF THIS SECTION. 5. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY MEMBER OF A LAW ENFORCEMENT UNIT ACTING WITHIN THE SCOPE OF HIS OR HER ASSIGNED DUTIES OR TO A COURT ORDER THAT SPECIFICALLY AUTHORIZES THE USE OF CALL- ER IDENTIFICATION MANIPULATION. S 2. Paragraph 6 of subdivision (a) of section 8303 of the civil prac- tice law and rules, as amended by chapter 530 of the laws of 2002, is amended to read as follows: 6. to the plaintiffs in an action or proceeding brought by the [attor- ney-general] ATTORNEY GENERAL under [articles] ARTICLE twenty-two, twen- ty-two-A, twenty-three-A or thirty-three or section three hundred nine- ty-one-b, THREE HUNDRED NINETY-NINE-PPP, or five hundred twenty-a of the general business law, or under subdivision twelve of section sixty-three of the executive law, or under article twenty-three of the arts and cultural affairs law, or in an action or proceeding brought by the [attorney-general] ATTORNEY GENERAL under applicable statutes to dissolve a corporation or for usurpation of public office, or unlawful exercise of franchise or of corporate right, a sum not exceeding two thousand dollars against each defendant. S 3. This act shall take effect on the sixtieth day after it shall have become a law.
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