S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1452
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 15, 2019
                                ___________
 
 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:
   §  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06337-01-9

 S. 1452                             2
 
 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
 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.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.