Senate Bill S6543

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

                                  6543

                            I N  S E N A T E

                            January 22, 2016
                               ___________

Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Elections

AN ACT to amend the election law, in  relation  to  prohibiting  certain
  unsolicited political telephone calls

  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  1-108
to read as follows:
  S  1-108.  POLITICAL NO CALL LIST. 1. FOR PURPOSES OF THIS SECTION THE
FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (A) "STATE BOARD" SHALL MEAN THE NEW YORK STATE BOARD OF ELECTIONS;
  (B) "NO POLITICAL CALL LIST" OR "NO CALL LIST" SHALL MEAN  A  LIST  OF
PERSONS  IN  THIS STATE WHO DO NOT WISH TO RECEIVE UNSOLICITED POLITICAL
CALLS;
  (C) "POLITICAL CANDIDATE" SHALL MEAN AN INDIVIDUAL SEEKING ELECTION TO
A PUBLIC OFFICE OF THE STATE OR OF A  COUNTY,  MUNICIPALITY,  OR  SCHOOL
DISTRICT AT AN ELECTION IN THIS STATE;
  (D)  "POLITICAL ORGANIZATION" SHALL MEAN ANY "COMMITTEE" AS DEFINED BY
SUBDIVISION SIX OF SECTION 1-104 OF THIS CHAPTER;
  (E) "PUBLIC SOLICITATION" SHALL MEAN ANY  REQUEST  OR  APPEAL,  EITHER
ORAL  OR  WRITTEN,  OR  ANY ENDEAVOR TO OBTAIN, SEEK OR PLEAD FOR FUNDS,
PROPERTY, FINANCIAL ASSISTANCE OR OTHER THING OF  VALUE,  INCLUDING  THE
PROMISE OR GRANT OF ANY MONEY OR PROPERTY OF ANY KIND OR VALUE; AND
  (F)  "UNSOLICITED  POLITICAL CALL" SHALL MEAN A TELEPHONE CALL MADE BY
OR ON BEHALF OF A POLITICAL CANDIDATE OR  POLITICAL  ORGANIZATION  TO  A
PERSON  IN  THIS STATE FOR THE PURPOSE OF INDUCING A PUBLIC SOLICITATION
OR FOR THE PURPOSE OF ENCOURAGING DONATIONS OF VOLUNTEER TIME  OR  OTHER
CONSIDERATION TO A POLITICAL ORGANIZATION OR POLITICAL CANDIDATE.
  2.  THE  STATE  BOARD SHALL ESTABLISH AND MAINTAIN A NO POLITICAL CALL
LIST. THE STATE BOARD SHALL PROVIDE NOTICE TO THE GENERAL PUBLIC OF  THE
ESTABLISHMENT  OF A NO POLITICAL CALL LIST. ANY PERSON IN THIS STATE WHO
DESIRES TO BE INCLUDED ON THE NO POLITICAL CALL LIST  SHALL  NOTIFY  THE
STATE  BOARD  BY CALLING A TOLL-FREE NUMBER PROVIDED BY THE STATE BOARD,
BY TRANSMITTING A REQUEST VIA ELECTRONIC MAIL, UNITED STATES MAIL, OR IN

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

                                                           LBD13496-01-6

S. 6543                             2

ANY OTHER MANNER AS THE STATE BOARD MAY PRESCRIBE. A PERSON INCLUDED  ON
THE  NO POLITICAL CALL LIST SHALL BE DELETED FROM THE LIST WITHIN THIRTY
DAYS OF RECEIPT OF A WRITTEN REQUEST TO THE STATE BOARD FROM THE  PERSON
TO  MAKE  THE  DELETION.  THE STATE BOARD SHALL UPDATE THE LIST NOT LESS
THAN MONTHLY AND SHALL MAKE THE NO  POLITICAL  CALL  LIST  AVAILABLE  TO
POLITICAL  ORGANIZATIONS AND POLITICAL CANDIDATES AND OTHER PERSONS UPON
REQUEST.
  3. A POLITICAL ORGANIZATION OR POLITICAL CANDIDATE SHALL NOT  MAKE  OR
CAUSE  TO  BE  MADE  AN UNSOLICITED POLITICAL CALL TO ANY PERSON IN THIS
STATE WHOSE NAME AND TELEPHONE NUMBER APPEAR ON THE MOST RECENT  MONTHLY
NO  POLITICAL  CALL  LIST  MADE AVAILABLE BY THE STATE BOARD PURSUANT TO
SUBDIVISION TWO OF THIS SECTION.
  4. A VIOLATION OF ANY PROVISION OF THIS SECTION SHALL BE  AN  UNLAWFUL
PRACTICE  EXCEPT  THAT  A  POLITICAL ORGANIZATION OR POLITICAL CANDIDATE
SHALL NOT BE LIABLE FOR A CALL MADE IN VIOLATION OF SUBDIVISION THREE OF
THIS SECTION IF THE ORGANIZATION OR CANDIDATE DEMONSTRATES THAT:
  (A) THE ORGANIZATION OR CANDIDATE ESTABLISHED AND IMPLEMENTED  WRITTEN
PROCEDURES  AND  TRAINED  ITS  EMPLOYEES  TO  FOLLOW THOSE PROCEDURES TO
COMPLY WITH SUBDIVISION THREE OF THIS SECTION; AND
  (B) THE CALL WAS AN ISOLATED CALL, MADE NO MORE THAN  ONE  TIME  IN  A
TWELVE MONTH PERIOD AND WAS MADE INADVERTENTLY.
  5. THE STATE BOARD SHALL PROMULGATE RULES AND REGULATIONS NECESSARY TO
IMPLEMENT THIS SECTION.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.