S T A T E   O F   N E W   Y O R K
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    S. 755                                                   A. 2285

                       2009-2010 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            January 15, 2009
                               ___________

IN SENATE -- Introduced by Sen. BRESLIN -- read twice and ordered print-
  ed,  and  when  printed  to  be committed to the Committee on Consumer
  Protection

IN ASSEMBLY -- Introduced by  M.  of  A.  McENENY,  REILLY,  MILLMAN  --
  Multi-Sponsored  by  --  M.  of A.   CHRISTENSEN, FIELDS, GALEF, JOHN,
  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-zz to read as follows:
  S 399-ZZ. POLITICAL SOLICITATION; ESTABLISHMENT OF NO POLITICAL SOLIC-
ITATION 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05582-01-9

              

S. 755                              2                            A. 2285

  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
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-ZZ of the general business law and article ten-B of
the personal property law, as such provisions relate to  the  rights  of

S. 755                              3                            A. 2285

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:
  S  97-www.  CONSUMER  PROTECTION  ACCOUNT.  1.  [Consumer   protection
account.]  There is hereby established in the joint custody of the state
comptroller and the commissioner 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-ZZ  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-ZZ 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, 2009; 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.