•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video/Transcript 

A01163 Summary:

BILL NOA01163
 
SAME ASSAME AS S04457
 
SPONSORSeawright
 
COSPNSR
 
MLTSPNSR
 
Amd §399-p, Gen Bus L
 
Relates to pre-recorded political messages; prohibits automatic dialing-announcing devices unless a live operator provides certain information in the first thirty seconds; requires registration; authorizes attorney general to investigate violations.
Go to top    

A01163 Actions:

BILL NOA01163
 
01/07/2021referred to consumer affairs and protection
01/05/2022referred to consumer affairs and protection
Go to top

A01163 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1163              Revised 6/28/2021
 
SPONSOR: Seawright
  TITLE OF BILL: An act to amend the general business law, in relation to pre-recorded political messages   PURPOSE OR GENERAL IDEA OF BILL: This bill would require before delivery of a pre-recorded political message, a live operator to name the candidate and/or organizations the person is calling on behalf of and who paid for the call, within thirty seconds of the call's start. In addition, the Attorney General is grant- ed the power to investigate violations including the power Subpoena records.   SUMMARY OF PROVISIONS: A new subdivision 7 is added to the General Business law to require before delivery of a pre-recorded political message, a live operator to name the candidate and/or organizations the person is calling on behalf of and who paid for the call, within thirty seconds of the call's start. The bill references the definition of political committee contained within Election Law Section 14-100. Copies of scripts and schedules of calls would be required to be filed with the New York State Board of Elections. Persons or political committees operating automatic dialing announcing devices or placing any consumer telephone calls pre-recorded political messages must register with the Secretary of State and NYS Board of Elections The State Attorney-General would also be given power to investigate potential violations including the power to subpoena records in further- ance of the investigation.   DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE): Amended version adds the requirement that persons and/or political committees must register with the Secretary of State and NYS Board of Elections. Amended version adds power to the Attorney General to investigate poten- tial violations with the ability to subpoena records. Requirement of consent is deleted from the amended version.   JUSTIFICATION: Telephone customers are receiving an ever increasing number robocalls of each year. The Federal Trade Commission now receives over 200,000 complaints about robocalls each month. However, neither federal nor state law provide adequate disclosure requirements regarding robocall initiators. This bill would regulate the business of robocalls that many candidates rely upon but which many constituents loath. Specifically, the bill would require companies to utilize a live operator to greet the consumer and within thirty seconds of the call to name the candidate and/or organizations the person is calling on behalf of and who paid for the call. Currently, fourteen states have regulated the business of robocalls. In addition, state courts as well as federal courts have found statutes such as this to be constitutional so long as they are not overly broad.   PRIOR LEGISLATIVE HISTORY: 2017-2018: A5488 (Seawright)/S4162 (Krueger) - Referred Assembly and Senate Committees on Consumer Affairs and Protection 2015-2016: A6026 (Seawright)/S2559 (Krueger) - Referred to Assembly and. Senate Committees of Consumer Affairs and Protection 2013-2014: 54581   FISCAL. IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: To be determined.   EFFECTIVE DATE: This act shall take effect immediately.
Go to top

A01163 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1163
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                     January 7, 2021
                                       ___________
 
        Introduced  by  M.  of  A.  SEAWRIGHT  --  read once and referred to the
          Committee on Consumer Affairs and Protection
 
        AN ACT to amend the general business law, in  relation  to  pre-recorded
          political messages
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Paragraphs (d) and (e) of subdivision 1 of section 399-p of
     2  the general business law, as amended by chapter 581 of the laws of 1992,
     3  are amended and two new paragraphs (f) and (g)  are  added  to  read  as
     4  follows:
     5    (d)  "consumer telephone call" means a call made to a telephone number
     6  by a telephone solicitor, whether  by  device,  live  operator,  or  any
     7  combination thereof, for the purpose of soliciting a sale of any consum-
     8  er  goods  or services for personal, family or household purposes to the
     9  consumer called, or for the purpose of soliciting an extension of credit
    10  for consumer goods or services  to  the  consumer  called,  or  for  the
    11  purpose of obtaining information that will or may be used for the direct
    12  solicitation  of  a  sale  of consumer goods or services to the consumer
    13  called or an extension of credit for such purposes;  provided,  however,
    14  that  "consumer telephone call" shall not include a call made by a tele-
    15  phone corporation, as defined by subdivision seventeen of section two of
    16  the public service law, in response to a specific inquiry initiated by a
    17  consumer regarding  that  consumer's  existing  or  requested  telephone
    18  service; [and]
    19    (e)  "telephone  solicitor"  means  a person who makes or causes to be
    20  made a consumer telephone call[.];
    21    (f) "political committee" shall have the same meaning  as  subdivision
    22  one of section 14-100 of the election law; and
    23    (g)  "pre-recorded  political message" shall mean a pre-recorded audio
    24  message delivered by telephone that is by:
    25    i. a candidate or political committee; or
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05641-01-1

        A. 1163                             2
 
     1    ii. any person when the content of the message expressly or implicitly
     2  advocates the success or defeat of any party, measure, or person at  any
     3  election, or contains information about any candidate or party.
     4    §  2. Subdivisions 7, 8 and 9 of section 399-p of the general business
     5  law are renumbered subdivisions 8, 9 and 10 and a new subdivision  7  is
     6  added to read as follows:
     7    7.  (a)  No  person  or political committee shall deliver or knowingly
     8  cause to be delivered using an  automatic  dialing-announcing  device  a
     9  pre-recorded  political  message unless a live operator provides, within
    10  the first thirty seconds of the message the following information:
    11    i. the name of the candidate or of any organization  or  organizations
    12  the person is calling on behalf of; and
    13    ii.  the name of the person or organization paying for the delivery of
    14  the message and the name of the treasurer of any such committee.
    15    (b) A copy of all such scripts and schedules of such  calls  shall  be
    16  filed  with  the  New  York state board of elections pursuant to article
    17  fourteen of the election law within  twenty-four  hours  of  such  calls
    18  being made.
    19    (c)  Any person or political committee operating an automatic dialing-
    20  announcing device or placing any consumer telephone calls or pre-record-
    21  ed political messages shall register with the secretary of state as well
    22  as the New York state board of elections.
    23    (d)  The  attorney  general  shall  have  the  power  to   investigate
    24  violations of this subdivision. Such power shall also include the abili-
    25  ty to subpoena records in furtherance of any such investigation.
    26    (e) Violations of this subdivision shall be punishable by a civil fine
    27  not to exceed two thousand dollars per occurrence.
    28    § 3. This act shall take effect immediately.
Go to top