S T A T E O F N E W Y O R K
________________________________________________________________________
3481
2019-2020 Regular Sessions
I N A S S E M B L Y
January 29, 2019
___________
Introduced by M. of A. STECK -- read once and referred to the Committee
on Governmental Operations
AN ACT to amend the state finance law, in relation to requiring software
that blocks automated calls to be provided in state contracts that
include information and communication technologies
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The state finance law is amended by adding a new section
148 to read as follows:
§ 148. AUTOMATED CALL SOFTWARE. 1. AS USED IN THIS SECTION:
A. "INFORMATION AND COMMUNICATION TECHNOLOGIES" INCLUDES, BUT SHALL
NOT BE LIMITED TO, ANY COMMUNICATION DEVICE OR APPLICATION INCLUDING
RADIO, TELEVISION, CELLULAR PHONES, COMPUTER AND NETWORK HARDWARE AND
SOFTWARE, AND SATELLITE SYSTEMS AS WELL AS THE VARIOUS SERVICES AND
APPLICATIONS ASSOCIATED WITH THEM, SUCH AS VIDEOCONFERENCING AND
DISTANCE LEARNING;
B. "CALLER IDENTIFICATION INFORMATION" MEANS INFORMATION PROVIDED TO
AN END USER BY A CALLER IDENTIFICATION SERVICE REGARDING THE TELEPHONE
NUMBER OF, OR OTHER INFORMATION REGARDING THE ORIGINATION OF, A CALL
MADE USING A TELECOMMUNICATIONS SERVICE OR VOIP SERVICE;
C. "CALLER IDENTIFICATION SERVICE" MEANS ANY SERVICE OR DEVICE
DESIGNED TO PROVIDE THE USER OF THE SERVICE OR DEVICE WITH THE TELEPHONE
NUMBER OF, OR OTHER INFORMATION REGARDING THE ORIGINATION OF, A CALL
MADE USING A TELECOMMUNICATIONS SERVICE OR VOIP SERVICE. SUCH TERM
INCLUDES AUTOMATIC NUMBER IDENTIFICATION SERVICES; AND
D. "VOIP SERVICE" MEANS ANY SERVICE THAT: ENABLES REAL TIME, TWO-WAY
VOICE COMMUNICATION ORIGINATING FROM OR TERMINATING AT THE USER'S
LOCATION IN INTERNET PROTOCOL OR A SUCCESSOR PROTOCOL; UTILIZES A BROAD-
BAND CONNECTION AT THE USER'S LOCATION; AND PERMITS A USER TO RECEIVE A
CALL THAT ORIGINATES ON THE PUBLIC SWITCHED TELEPHONE NETWORK AND TO
TERMINATE A CALL TO THE PUBLIC SWITCHED TELEPHONE NETWORK.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06066-01-9
A. 3481 2
2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, WHERE A
CONTRACT THAT INCLUDES INFORMATION AND COMMUNICATION TECHNOLOGIES IS TO
BE AWARDED BY A STATE AGENCY, PUBLIC AUTHORITY OR MUNICIPALITY PURSUANT
TO A COMPETITIVE BIDDING PROCESS OR A REQUEST FOR PROPOSAL PROCESS, SUCH
COMPETITIVE BIDDING PROCESS OR REQUEST FOR PROPOSAL AND THE SUBSEQUENT
AWARDED CONTRACT SHALL REQUIRE THAT SUCH INFORMATION AND COMMUNICATION
TECHNOLOGIES SHALL MAKE AVAILABLE SOFTWARE THAT BLOCKS AUTOMATED CALLS
AND CALLS THAT CAUSE A CALLER IDENTIFICATION SERVICE TO TRANSMIT FALSE
CALLER IDENTIFICATION INFORMATION TO ALL TELEPHONE AND WIRELESS CELL
PHONE CUSTOMERS. SUCH SOFTWARE SHALL BE PROVIDED FREE OF CHARGE.
§ 2. This act shall take effect on the first of January next succeed-
ing the date it shall have become a law.