Assembly Bill A4174

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

                                  4174

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 30, 2009
                               ___________

Introduced  by  M.  of A. GALEF, REILLY, DINOWITZ, KOON, SPANO -- Multi-
  Sponsored by -- M. of A.  BURLING, CALHOUN, CHRISTENSEN, DUPREY, ERRI-
  GO, FINCH, JOHN, KOLB, LATIMER, MILLER, MOLINARO, SAYWARD,  SCHIMMING-
  ER, WALKER -- read once and referred to the Committee on Election Law

AN  ACT  to  amend  the  election law, in relation to political campaign
  robocalls

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

  Section  1. The election law is amended by adding a new section 17-107
to read as follows:
  S 17-107. POLITICAL  CAMPAIGN  ROBOCALLS.  1.  FOR  PURPOSES  OF  THIS
SECTION,  THE TERM "POLITICAL CAMPAIGN ROBOCALL" SHALL MEAN AN AUTOMATED
TELEPHONE CALL WHICH USES BOTH A COMPUTERIZED AUTODIALER AND A  RECORDED
MESSAGE TO DELIVER A CAMPAIGN MESSAGE BY ELECTRONIC MEANS.
  2.  NO  CANDIDATE  FOR OFFICE, PERSON, COMMITTEE OR OTHER ENTITY SHALL
CAUSE TO BE MADE ON BEHALF OF ANY CANDIDATE, A POLITICAL CAMPAIGN  ROBO-
CALL UNLESS SUCH CALL:
  A.  IS MADE WITHIN THIRTY DAYS PRIOR TO THE PRIMARY ELECTION OR WITHIN
THIRTY DAYS PRIOR TO THE GENERAL ELECTION;
  B. IS MADE BETWEEN THE HOURS OF 9:00 A.M. AND 9:00 P.M.;
  C. IS TRANSMITTED IN SUCH A  MANNER  THAT  THE  CALLER  IDENTIFICATION
NUMBER  AND ANY OTHER CALLER IDENTIFICATION INFORMATION MAY BE VIEWED BY
THE RECIPIENT OF SUCH CALL;
  D. IDENTIFIES SUCH CALL  AS  PRE-RECORDED  AT  THE  BEGINNING  OF  THE
MESSAGE DELIVERED BY SUCH CALL; AND
  E.  IDENTIFIES THE NAME OF THE CANDIDATE AND THE NAME OF THE COMMITTEE
CAUSING SUCH CALL TO BE MADE AT THE BEGINNING OF THE  MESSAGE  DELIVERED
BY SUCH CALL.
  3.  NO  CANDIDATE  FOR OFFICE, PERSON, COMMITTEE OR OTHER ENTITY SHALL
CAUSE TO BE MADE ON BEHALF OF ANY CANDIDATE,  MORE  THAN  TWO  POLITICAL
CAMPAIGN ROBOCALLS PER DAY TO THE SAME TELEPHONE NUMBER.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01707-01-9
              

A. 4174                             2

  4.  ANY  PERSON  WHO  KNOWINGLY VIOLATES ANY PROVISION OF THIS SECTION
SHALL BE SUBJECT TO A CIVIL FINE IN THE AMOUNT OF TWO  THOUSAND  DOLLARS
FOR EACH VIOLATION.
  5.  AN  ORDER  TO  CEASE  AND  DESIST MAY BE BROUGHT BY ANY PERSON WHO
RECEIVED A POLITICAL CAMPAIGN ROBOCALL IN VIOLATION OF THIS SECTION.
  6. A REQUEST FOR PAYMENT OF COURT COSTS FOR CIVIL LITIGATION  RELATING
TO  A  VIOLATION  OF  THIS  SECTION,  MAY BE MADE OF THE VIOLATOR BY ANY
PERSON WHO RECEIVED A POLITICAL CAMPAIGN ROBOCALL IN VIOLATION  OF  THIS
SECTION.
  7.  A  PERSON  SHALL  NOT  BE  IN  VIOLATION OF THE PROVISIONS OF THIS
SECTION, IF SUCH PERSON EMPLOYS THE USE OF PHONE BANKS OR VOLUNTEERS  TO
MAKE PHONE CALLS ON BEHALF OF A CANDIDATE.
  S  2.  This  act shall take effect on the thirtieth day after it shall
have become a law.