Senate Bill S3751

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

                                 3751--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 13, 2013
                               ___________

Introduced  by  Sens.  DeFRANCISCO,  BOYLE, CARLUCCI, LARKIN, MARTINS --
  read twice and ordered printed, and when printed to  be  committed  to
  the  Committee  on  Consumer  Protection -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

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 OR OPPOSE 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 CALLS MADE
BY A DEVICE ONLY WITH NO LIVE OPERATOR PRESENT AT ANY  TIME  DURING  THE
DURATION  OF THE CALL, FOR THE PURPOSE OF PROMOTING OR OPPOSING A CANDI-
DATE FOR PUBLIC  OFFICE,  OR  A  POLITICAL  POSITION,  ISSUE  OR  CAUSE;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07813-04-3
              

S. 3751--A                          2

provided,  however,  that  "consumer telephone call" shall not include a
call made by a telephone corporation, as defined by  subdivision  seven-
teen of section two of the public service law, in response 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 OR OPPOSE 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
CALLS  MADE  BY  ANY  OUTBOUND TELEPHONE CALLING TECHNOLOGY ONLY WITH NO
LIVE OPERATOR PRESENT AT ANY TIME DURING THE DURATION OF THE  CALL,  FOR
THE PURPOSE OF PROMOTING OR OPPOSING A CANDIDATE FOR PUBLIC OFFICE, OR A
POLITICAL POSITION, ISSUE OR CAUSE;
  S 4. This act shall take effect immediately.