S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3297
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 5, 2019
                                ___________
 
 Introduced  by Sens. HOYLMAN, CARLUCCI, BAILEY, COMRIE, KAMINSKY, KRUEG-
   ER, PARKER, PERSAUD, SANDERS, SEPULVEDA  --  read  twice  and  ordered
   printed,  and  when printed to be committed to the Committee on Energy
   and Telecommunications
 
 AN ACT to amend the public service law, in relation to  limiting  autod-
   ialed  telephone  calls  to  state  residents and to require telephone
   service providers to offer free call mitigation technologies to  tele-
   phone customers
 
   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  "telephone
 consumer privacy protection act".
   § 2. The public service law is amended by adding a new section 91-b to
 read as follows:
   § 91-B. AUTODIALED TELEPHONE CALLS. 1. AS USED IN THIS SECTION:
   (A) "AUTODIALED CALL" MEANS:
   (I) A CALL MADE USING EQUIPMENT THAT MAKES A SERIES OF CALLS TO STORED
 TELEPHONE  NUMBERS,  INCLUDING NUMBERS STORED ON A LIST, OR TO TELEPHONE
 NUMBERS PRODUCED USING A RANDOM OR SEQUENTIAL NUMBER  GENERATOR,  EXCEPT
 THAT THE TERM DOES NOT INCLUDE A CALL MADE USING ONLY EQUIPMENT THAT THE
 CALLER  DEMONSTRATES  REQUIRES SUBSTANTIAL ADDITIONAL HUMAN INTERVENTION
 TO DIAL OR PLACE A CALL AFTER A HUMAN INITIATES THE CALL  OR  SERIES  OF
 CALLS;
   (II) A CALL MADE USING AN ARTIFICIAL OR PRERECORDED VOICE MESSAGE; OR
   (III)  A  TEXT MESSAGE MADE USING EQUIPMENT THAT ISSUES TWENTY OR MORE
 TEXTS AT A TIME, OR SENDS A SERIES OF NEARLY IDENTICAL  TEXTS  TO  TELE-
 PHONE NUMBERS ON A LIST, OR TO TELEPHONE NUMBERS PRODUCED USING A RANDOM
 OR  SEQUENTIAL  NUMBER  GENERATOR, EXCEPT THAT THE TERM DOES NOT INCLUDE
 TEXTS THAT THE SENDER DEMONSTRATES WERE SENT TO  THE  SENDER'S  PERSONAL
 ACQUAINTANCES.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02262-01-9
              

 S. 3297                             2
 
   (B)  "CALL  MITIGATION TECHNOLOGY" MEANS TECHNOLOGY THAT IDENTIFIES AN
 INCOMING CALL OR TEXT MESSAGE AS BEING, OR AS PROBABLY BEING, AN  AUTOD-
 IALED CALL AND, ON THAT BASIS, BLOCKS THE CALL OR MESSAGE, DIVERTS IT TO
 THE  CALLED  PERSON'S  ANSWERING  SYSTEM,  OR OTHERWISE PREVENTS IT FROM
 BEING  COMPLETED  TO THE CALLED PERSON, EXCEPT THAT IT PERMITS A CALL OR
 TEXT SO IDENTIFIED TO BE COMPLETED WHEN IT IS IDENTIFIED AS  BEING  MADE
 BY  A  LAW ENFORCEMENT OR PUBLIC SAFETY ENTITY, OR WHEN IT IS IDENTIFIED
 AS ORIGINATING FROM A CALLER WITH RESPECT TO WHOM THE CALLED PERSON  HAS
 PROVIDED PRIOR EXPRESS CONSENT TO RECEIVE SUCH A CALL OR MESSAGE AND HAS
 NOT REVOKED THAT CONSENT.
   (C)  "PRIOR  EXPRESS  CONSENT"  MEANS  AGREEMENT  PROVIDED BY A CALLED
 PERSON TO ALLOW THE CALLER TO MAKE AN  AUTODIALED  CALL  TO  THE  CALLED
 PERSON'S TELEPHONE, IN RELATION TO THE SPECIFIC SUBJECT MATTER FOR WHICH
 THE CALL IS MADE.
   2.  IT  SHALL  BE UNLAWFUL FOR ANY PERSON OR ENTITY TO MAKE ANY AUTOD-
 IALED CALL (OTHER THAN A CALL MADE FOR EMERGENCY PURPOSES OR  MADE  WITH
 THE  PRIOR  EXPRESS CONSENT OF THE CALLED PARTY) TO ANY TELEPHONE NUMBER
 OWNED BY A PERSON OR ENTITY IN THE STATE.  A  CUSTOMER'S  PRIOR  EXPRESS
 CONSENT  CAN  BE  REVOKED  BY THE CUSTOMER AT ANY TIME IN ANY REASONABLE
 MANNER, REGARDLESS OF THE CONTEXT IN WHICH THE  OWNER  OR  USER  OF  THE
 TELEPHONE PROVIDED CONSENT.
   3. (A) A TELEPHONE SERVICE PROVIDER THAT PROVIDES TELEPHONE SERVICE TO
 CUSTOMERS  RESIDING  IN  THE STATE SHALL MAKE CALL MITIGATION TECHNOLOGY
 AVAILABLE TO ANY SUCH CUSTOMER,  UPON  REQUEST,  AND  AT  NO  ADDITIONAL
 CHARGE.  SUCH PROVIDER SHALL ALSO OFFER TO ANY SUCH CUSTOMER THE ABILITY
 TO HAVE THE PROVIDER PREVENT CALLS AND TEXT MESSAGES IDENTIFIED AS ORIG-
 INATING FROM A PARTICULAR PERSON FROM  BEING  COMPLETED  TO  THE  CALLED
 PERSON, UPON REQUEST, AND AT NO ADDITIONAL CHARGE.
   (B)  THE  COMMISSION  SHALL  PRESCRIBE  REGULATIONS  TO  IMPLEMENT THE
 REQUIREMENTS OF THIS SUBDIVISION, INCLUDING, IF APPROPRIATE,  A  REASON-
 ABLE  DELAY  IN REQUIRING IMPLEMENTATION AND OFFERING OF CALL MITIGATION
 TECHNOLOGY  IF  FOR  GOOD  CAUSE,  TAKING  INTO  ACCOUNT  THE   CONSUMER
 PROTECTION  PURPOSES  OF  THIS  SECTION,  AND  INCLUDING  PROCEDURES FOR
 ADDRESSING INCIDENTS IN WHICH A CALL WANTED BY THE CUSTOMER IS PREVENTED
 FROM REACHING THE CUSTOMER.
   4. (A) ANY PERSON HARMED BY A VIOLATION  OF  THE  PROVISIONS  OF  THIS
 SECTION, OR OF ANY REGULATIONS PROMULGATED BY THE COMMISSION RELATING TO
 THIS  SECTION,  MAY  BRING AN ACTION IN ANY COURT OF COMPETENT JURISDIC-
 TION:
   (I) TO ENJOIN SUCH VIOLATION; AND/OR
   (II) TO RECOVER FOR ACTUAL MONETARY LOSS FROM  SUCH  VIOLATION  OR  TO
 RECEIVE FIVE HUNDRED DOLLARS IN DAMAGES FOR SUCH VIOLATION, WHICHEVER IS
 GREATER.
   (B)  IF  THE  COURT  FINDS  THAT  THE DEFENDANT WILLFULLY OR KNOWINGLY
 VIOLATED THE PROVISIONS OF THIS SECTION OR  AND  REGULATIONS  PRESCRIBED
 HEREUNDER,  THE COURT MAY, IN ITS DISCRETION, INCREASE THE AMOUNT OF THE
 MONETARY AWARD TO AN AMOUNT EQUAL TO  NOT  MORE  THAN  THREE  TIMES  THE
 AMOUNT AVAILABLE PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION.
   (C)  NO ACTION TO RECOVER DAMAGES FOR A VIOLATION OF THE PROVISIONS OF
 THIS SECTION MAY BE BROUGHT MORE  THAN  FOUR  YEARS  AFTER  THE  ALLEGED
 VIOLATION OCCURRED.
   §  3.  This  act shall take effect on the thirtieth day after it shall
 have become a law.    Effective  immediately,  the  addition,  amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of this act on its effective date are authorized and directed to be made
 and completed on or before such effective date.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3297--B
     Cal. No. 318
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 5, 2019
                                ___________
 
 Introduced  by  Sens. HOYLMAN, CARLUCCI, BAILEY, BIAGGI, BROOKS, COMRIE,
   GAUGHRAN, GOUNARDES, HARCKHAM,  KAMINSKY,  KAPLAN,  KENNEDY,  KRUEGER,
   MAY,  MAYER,  PARKER,  PERSAUD,  RIVERA,  SALAZAR, SANDERS, SEPULVEDA,
   SERRANO, THOMAS -- read twice and ordered printed, and when printed to
   be committed to the Committee  on  Energy  and  Telecommunications  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee -- reported favorably from said  commit-
   tee,  ordered  to first and second report, ordered to a third reading,
   amended and ordered reprinted, retaining its place  in  the  order  of
   third reading
 
 AN  ACT  to  amend the public service law, in relation to limiting robo-
   calls to state residents and to require telephone service providers to
   offer free call mitigation technology to telephone customers
 
   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 "robocall
 prevention act".
   § 2. The public service law is amended by adding a new section 91-b to
 read as follows:
   § 91-B. ROBOCALLS. 1. AS USED IN THIS SECTION:
   (A) "ROBOCALL" MEANS A CALL MADE, INCLUDING A TEXT MESSAGE SENT:
   (I) USING EQUIPMENT THAT MAKES A SERIES OF CALLS TO  STORED  TELEPHONE
 NUMBERS,  INCLUDING  NUMBERS  STORED  ON A LIST, OR TO TELEPHONE NUMBERS
 PRODUCED USING A RANDOM OR SEQUENTIAL NUMBER  GENERATOR,  EXCEPT  FOR  A
 CALL  MADE  USING  ONLY  EQUIPMENT THAT THE CALLER DEMONSTRATES REQUIRES
 SUBSTANTIAL ADDITIONAL HUMAN INTERVENTION TO DIAL OR PLACE A CALL  AFTER
 A HUMAN INITIATES THE CALL OR SERIES OF CALLS; OR
   (II) USING AN ARTIFICIAL OR PRERECORDED VOICE.
   (B)  "CALL  MITIGATION TECHNOLOGY" MEANS TECHNOLOGY THAT IDENTIFIES AN
 INCOMING CALL OR TEXT MESSAGE AS BEING, OR AS PROBABLY BEING, A ROBOCALL
 AND, ON THAT BASIS, BLOCKS THE CALL OR MESSAGE, DIVERTS IT TO THE CALLED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD02262-08-9

 S. 3297--B                          2
 
 PERSON'S ANSWERING SYSTEM, OR OTHERWISE PREVENTS IT FROM BEING COMPLETED
 TO THE CALLED PERSON, EXCEPT THAT IT PERMITS A CALL OR TEXT  SO  IDENTI-
 FIED  TO  BE  COMPLETED  WHEN  IT  IS  IDENTIFIED AS BEING MADE BY A LAW
 ENFORCEMENT  OR PUBLIC SAFETY ENTITY, OR WHEN IT IS IDENTIFIED AS ORIGI-
 NATING FROM A CALLER WITH RESPECT TO WHOM THE CALLED PERSON HAS PROVIDED
 PRIOR EXPRESS CONSENT TO RECEIVE SUCH A CALL  OR  MESSAGE  AND  HAS  NOT
 REVOKED THAT CONSENT.
   (C)  "LABOR  ORGANIZATION"  MEANS  ANY  ORGANIZATION OF ANY KIND WHICH
 EXISTS FOR THE PURPOSE, IN WHOLE OR IN PART, OF  REPRESENTING  EMPLOYEES
 EMPLOYED  WITHIN  THE  STATE  OF NEW YORK IN   DEALING WITH EMPLOYERS OR
 EMPLOYER ORGANIZATIONS OR WITH A STATE GOVERNMENT, OR ANY  POLITICAL  OR
 CIVIL  SUBDIVISION  OR OTHER AGENCY THEREOF, CONCERNING TERMS AND CONDI-
 TIONS OF EMPLOYMENT, GRIEVANCES, LABOR DISPUTES, OR OTHER MATTERS  INCI-
 DENTAL TO THE EMPLOYMENT RELATIONSHIP. FOR THE PURPOSES OF THIS SECTION,
 EACH  LOCAL,  PARENT  NATIONAL OR PARENT INTERNATIONAL ORGANIZATION OF A
 STATEWIDE LABOR ORGANIZATION, AND EACH  STATEWIDE  FEDERATION  RECEIVING
 DUES FROM SUBSIDIARY LABOR ORGANIZATIONS, SHALL BE CONSIDERED A SEPARATE
 LABOR  ORGANIZATION.
   (D)  "PRIOR  EXPRESS CONSENT" FOR A CALL MEANS THAT THE PURPOSE OF THE
 CALL MUST BE CLOSELY RELATED TO THE  PURPOSE  FOR  WHICH  THE  TELEPHONE
 NUMBER WAS ORIGINALLY PROVIDED BY THE CALLED PARTY.
   2. (A) IT SHALL BE UNLAWFUL FOR ANY PERSON OR ENTITY TO MAKE ANY ROBO-
 CALL  OTHER  THAN  A  CALL  MADE FOR EMERGENCY PURPOSES OR MADE WITH THE
 PRIOR EXPRESS CONSENT OF THE CALLED PARTY, TO ANY TELEPHONE NUMBER OWNED
 BY A PERSON OR ENTITY IN THE STATE. A CUSTOMER'S PRIOR  EXPRESS  CONSENT
 CAN  BE  REVOKED  BY  THE CUSTOMER AT ANY TIME IN ANY REASONABLE MANNER,
 REGARDLESS OF THE CONTEXT IN WHICH THE OWNER OR USER  OF  THE  TELEPHONE
 PROVIDED CONSENT.
   (B)  THE  COMMISSION  SHALL  PRESCRIBE  REGULATIONS  TO  IMPLEMENT THE
 PROVISIONS OF THIS SUBDIVISION, AND MAY EXEMPT FROM THE REQUIREMENTS  OF
 THIS  SUBDIVISION,  SUBJECT  TO  SUCH  CONDITIONS  AS THE COMMISSION MAY
 PRESCRIBE, CALLS MADE TO A RESIDENTIAL TELEPHONE LINE THAT ARE NOT  MADE
 FOR A COMMERCIAL PURPOSE.
   (C)  THE  PROVISIONS  OF  PARAGRAPH  (A) OF THIS SUBDIVISION SHALL NOT
 APPLY TO ANY COMMUNICATIONS MADE BY A LABOR ORGANIZATION, OR BY  A  NON-
 PROFIT ORGANIZATION WHICH IS  FEDERALLY TAX-EXEMPT PURSUANT TO 26 U.S.C.
 501(C),  TO  SUCH  ORGANIZATION'S  MEMBERS  OR TO THE HOUSEHOLDS OF SUCH
 MEMBERS.
   3. (A) A TELEPHONE SERVICE PROVIDER THAT PROVIDES TELEPHONE SERVICE TO
 CUSTOMERS RESIDING IN THE STATE SHALL MAKE  CALL  MITIGATION  TECHNOLOGY
 AVAILABLE  TO  ANY  SUCH  CUSTOMER,  UPON  REQUEST, AND AT NO ADDITIONAL
 CHARGE. SUCH PROVIDER SHALL ALSO OFFER TO ANY SUCH CUSTOMER THE  ABILITY
 TO HAVE THE PROVIDER PREVENT CALLS AND TEXT MESSAGES IDENTIFIED AS ORIG-
 INATING  FROM  A  PARTICULAR  PERSON  FROM BEING COMPLETED TO THE CALLED
 PERSON, UPON REQUEST, AND AT NO ADDITIONAL CHARGE.
   (B) THE  COMMISSION  SHALL  PRESCRIBE  REGULATIONS  TO  IMPLEMENT  THE
 REQUIREMENTS  OF  THIS SUBDIVISION, INCLUDING, IF APPROPRIATE, A REASON-
 ABLE DELAY IN REQUIRING IMPLEMENTATION AND OFFERING OF  CALL  MITIGATION
 TECHNOLOGY   IF  FOR  GOOD  CAUSE,  TAKING  INTO  ACCOUNT  THE  CONSUMER
 PROTECTION PURPOSES  OF  THIS  SECTION,  AND  INCLUDING  PROCEDURES  FOR
 ADDRESSING INCIDENTS IN WHICH A CALL WANTED BY THE CUSTOMER IS PREVENTED
 FROM REACHING THE CUSTOMER.
   4.  (A) WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLI-
 CATION MAY BE MADE BY THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE  OF
 THE STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION TO ISSUE
 AN  INJUNCTION,  AND  UPON NOTICE TO THE DEFENDANT OF NOT LESS THAN FIVE

 S. 3297--B                          3
 
 DAYS, TO ENJOIN AND RESTRAIN THE CONTINUANCE OF SUCH VIOLATIONS; AND  IF
 IT  SHALL  APPEAR  TO THE SATISFACTION OF THE COURT OR JUSTICE, THAT THE
 DEFENDANT HAS, IN FACT, VIOLATED  THIS  SECTION  AN  INJUNCTION  MAY  BE
 ISSUED  BY  SUCH  COURT OR JUSTICE ENJOINING AND RESTRAINING ANY FURTHER
 VIOLATION, WITHOUT REQUIRING PROOF THAT ANY PERSON HAS,  IN  FACT,  BEEN
 INJURED  OR  DAMAGED THEREBY. IN ANY SUCH PROCEEDING, THE COURT MAY MAKE
 ALLOWANCES TO THE ATTORNEY GENERAL  AS  PROVIDED  IN  PARAGRAPH  SIX  OF
 SUBDIVISION (A) OF SECTION EIGHTY-THREE HUNDRED THREE OF THE CIVIL PRAC-
 TICE  LAW  AND  RULES,  AND DIRECT RESTITUTION. WHENEVER THE COURT SHALL
 DETERMINE THAT A VIOLATION  OF  SUBDIVISION  TWO  OF  THIS  SECTION  HAS
 OCCURRED,  THE  COURT  MAY  IMPOSE  A CIVIL PENALTY OF NOT MORE THAN TWO
 THOUSAND DOLLARS PER CALL, UP TO A TOTAL OF NOT MORE THAN  TWENTY  THOU-
 SAND DOLLARS, FOR CALLS PLACED IN VIOLATION OF SUCH SUBDIVISION WITHIN A
 CONTINUOUS SEVENTY-TWO HOUR PERIOD. IN CONNECTION WITH ANY SUCH PROPOSED
 APPLICATION, THE ATTORNEY GENERAL IS AUTHORIZED TO TAKE PROOF AND MAKE A
 DETERMINATION OF THE RELEVANT FACTS AND TO ISSUE SUBPOENAS IN ACCORDANCE
 WITH THE CIVIL PRACTICE LAW AND RULES.
   (B) IN ADDITION TO THE RIGHT OF ACTION GRANTED TO THE ATTORNEY GENERAL
 PURSUANT  TO  THIS  SECTION,  ANY  PERSON  HARMED  BY A VIOLATION OF THE
 PROVISIONS OF SUBDIVISION TWO OF THIS SECTION,  OR  OF  ANY  REGULATIONS
 PROMULGATED  BY  THE  COMMISSION  RELATING TO THIS SECTION, MAY BRING AN
 ACTION IN ANY COURT OF COMPETENT JURISDICTION:
   (I) TO ENJOIN SUCH VIOLATION; AND/OR
   (II) TO RECOVER FOR ACTUAL MONETARY LOSS FROM  SUCH  VIOLATION  OR  TO
 RECEIVE FIVE HUNDRED DOLLARS IN DAMAGES FOR SUCH VIOLATION, WHICHEVER IS
 GREATER.
   (C)  IF  THE  COURT  FINDS  THAT  THE DEFENDANT WILLFULLY OR KNOWINGLY
 VIOLATED THE PROVISIONS OF SUBDIVISION TWO OF THIS SECTION OR ANY  REGU-
 LATIONS PRESCRIBED HEREUNDER, THE COURT MAY, IN ITS DISCRETION, INCREASE
 THE  AMOUNT  OF  THE  MONETARY AWARD TO AN AMOUNT EQUAL TO NOT MORE THAN
 THREE TIMES THE AMOUNT AVAILABLE  PURSUANT  TO  PARAGRAPH  (B)  OF  THIS
 SUBDIVISION.
   (D)  NO ACTION TO RECOVER DAMAGES FOR A VIOLATION OF THE PROVISIONS OF
 THIS SECTION MAY BE BROUGHT MORE  THAN  FOUR  YEARS  AFTER  THE  ALLEGED
 VIOLATION OCCURRED.
   § 3. If any provision of this act, or any application of any provision
 of  this act, is  held to be invalid, that shall not affect the validity
 or effectiveness of any other provision of this act,  or  of  any  other
 application  of  any  provision  of  this act, which can be given effect
 without that provision or application; and to that end,  the  provisions
 and applications of this act are severable.
   §  4.  This  act shall take effect on the thirtieth day after it shall
 have become a law.    Effective  immediately,  the  addition,  amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of this act on its effective date are authorized and directed to be made
 and completed on or before such effective date.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3297--C
     Cal. No. 318
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 5, 2019
                                ___________
 
 Introduced  by  Sens. HOYLMAN, CARLUCCI, BAILEY, BIAGGI, BROOKS, COMRIE,
   GAUGHRAN, GOUNARDES, HARCKHAM,  KAMINSKY,  KAPLAN,  KENNEDY,  KRUEGER,
   MAY,  MAYER,  PARKER,  PERSAUD,  RIVERA,  SALAZAR, SANDERS, SEPULVEDA,
   SERRANO, THOMAS -- read twice and ordered printed, and when printed to
   be committed to the Committee  on  Energy  and  Telecommunications  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee -- reported favorably from said  commit-
   tee,  ordered  to first and second report, ordered to a third reading,
   amended and ordered reprinted, retaining its place  in  the  order  of
   third  reading  --  again amended and ordered reprinted, retaining its
   place in the order of third reading
 
 AN ACT to amend the general business law, in relation to limiting  robo-
   calls to state residents and to require telephone service providers to
   offer free call mitigation technology to telephone customers
 
   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  "robocall
 prevention act".
   §  2. Section 399-p of the general business law, as amended by chapter
 581 of the laws of 1992, subdivision 6 as amended by chapter 546 of  the
 laws  of  2000, subdivision 6-a as added and subdivision 8 as amended by
 chapter 176 of the laws of 1998, is amended to read as follows:
   § 399-p. [Telemarketing; use] USE  of  automatic  [dialing-announcing]
 DIALING devices and placement of ROBOCALLS AND consumer telephone calls.
 1.  Definitions. As used in this section, the following terms shall have
 the following meanings:
   (a) "automatic [dialing-announcing] DIALING device" means  [any  auto-
 matic  equipment  which  incorporates  a storage capability of telephone
 numbers to be called and is used, working alone or in  conjunction  with
 other  equipment,  to disseminate a prerecorded message to the telephone
 number called without the use of an operator]  EQUIPMENT  THAT  MAKES  A
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD02262-17-9

 S. 3297--C                          2
 
 SERIES OF CALLS TO STORED TELEPHONE NUMBERS, INCLUDING NUMBERS STORED ON
 A LIST, EXCEPT FOR EQUIPMENT THAT REQUIRES A HUMAN TO DIAL OR PLACE EACH
 INDIVIDUAL  CALL  AND PARTICIPATE IN THE CALL AFTER SUCH HUMAN INITIATES
 THE CALL OR SERIES OF CALLS;
   (b)  "person"  means  any natural person, firm, organization, partner-
 ship, association or corporation, or other entity, whether for-profit or
 not-for-profit;
   (c) "consumer" means a natural person who is  solicited  to  purchase,
 lease  or  receive  a  good or service for personal, family or household
 use;
   (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; provided, however,
 that "consumer telephone call" shall not include a call made by a  tele-
 phone corporation, as defined by subdivision seventeen 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]
   (e) "telephone solicitor" means a person who makes  or  causes  to  be
 made a consumer telephone call;
   (F) "ROBOCALL" MEANS A CALL MADE, INCLUDING A TEXT MESSAGE SENT:
   (1) USING AN AUTOMATIC DIALING DEVICE; OR
   (2) USING AN ARTIFICIAL OR PRERECORDED VOICE;
   (G)  "CALL  MITIGATION TECHNOLOGY" MEANS TECHNOLOGY THAT IDENTIFIES AN
 INCOMING CALL OR TEXT  MESSAGE  AS  BEING,  OR  AS  PROBABLY  BEING,  AN
 UNWANTED  ROBOCALL,  AND,  ON  THAT  BASIS,  BLOCKS THE CALL OR MESSAGE,
 DIVERTS IT  TO  THE  CALLED  PERSON'S  ANSWERING  SYSTEM,  OR  OTHERWISE
 PREVENTS  IT  FROM  BEING COMPLETED TO THE CALLED PERSON, EXCEPT THAT IT
 PERMITS A CALL OR TEXT SO IDENTIFIED TO BE COMPLETED WHEN IT IS  IDENTI-
 FIED AS BEING MADE BY A LAW ENFORCEMENT OR PUBLIC SAFETY ENTITY;
   (H)  "PRIOR  EXPRESS CONSENT" FOR A CALL MEANS THAT THE PURPOSE OF THE
 CALL MUST BE CLOSELY RELATED TO THE  PURPOSE  FOR  WHICH  THE  TELEPHONE
 NUMBER WAS ORIGINALLY PROVIDED BY THE CALLED PARTY. A CALL BY A NON-PRO-
 FIT  ORGANIZATION  WHICH  IS  FEDERALLY TAX EXEMPT PURSUANT TO 26 U.S.C.
 501(C), TO A MEMBER WHO HAD JOINED SUCH ORGANIZATION OR TO THE HOUSEHOLD
 OF SUCH A MEMBER, IS PRESUMED TO BE CLOSELY RELATED. A CUSTOMER'S  PRIOR
 EXPRESS  CONSENT  CAN  BE  REVOKED  BY  THE  CUSTOMER AT ANY TIME IN ANY
 REASONABLE MANNER, REGARDLESS OF THE CONTEXT IN WHICH THE OWNER OR  USER
 OF THE TELEPHONE PROVIDED CONSENT;
   (I) "TELEPHONE SERVICE PROVIDER" MEANS ANY COMPANY THAT PROVIDES VOICE
 SERVICE UTILIZING ANY TECHNOLOGY, REGARDLESS OF WHETHER SUCH PROVIDER IS
 REGULATED PURSUANT TO THE PUBLIC SERVICE LAW;
   (J)  "LABOR  ORGANIZATION"  MEANS  ANY  ORGANIZATION OF ANY KIND WHICH
 EXISTS FOR THE PURPOSE, IN WHOLE OR IN PART, OF  REPRESENTING  EMPLOYEES
 EMPLOYED  WITHIN  THE  STATE  OF  NEW  YORK IN DEALING WITH EMPLOYERS OR
 EMPLOYER ORGANIZATIONS OR WITH A STATE GOVERNMENT, OR ANY  POLITICAL  OR
 CIVIL  SUBDIVISION  OR OTHER AGENCY THEREOF, CONCERNING TERMS AND CONDI-
 TIONS OF EMPLOYMENT, GRIEVANCES, LABOR DISPUTES, OR OTHER MATTERS  INCI-
 DENTAL TO THE EMPLOYMENT RELATIONSHIP. FOR THE PURPOSES OF THIS SECTION,
 EACH  LOCAL,  PARENT  NATIONAL OR PARENT INTERNATIONAL ORGANIZATION OF A

 S. 3297--C                          3
 
 STATEWIDE LABOR ORGANIZATION, AND EACH  STATEWIDE  FEDERATION  RECEIVING
 DUES FROM SUBSIDIARY LABOR ORGANIZATIONS, SHALL BE CONSIDERED A SEPARATE
 LABOR ORGANIZATION; AND
   (K) "DEPARTMENT" MEANS THE DEPARTMENT OF STATE.
   2.  No  person  shall [operate an automatic dialing-announcing device]
 MAKE ANY ROBOCALL, nor place any  consumer  telephone  call,  except  in
 accordance  with the provisions of this section. [The use of such device
 by any person, either individually or acting as an  officer,  agent,  or
 employee  of a person operating automatic dialing-announcing devices, is
 subject to the provisions of this section.]
   2-A. (A) A PERSON SHALL BE PERMITTED TO MAKE A ROBOCALL ONLY WHEN SUCH
 ROBOCALL IS:
   (1) MADE FOR EMERGENCY PURPOSES, PURSUANT TO SUBDIVISION SEVEN OF THIS
 SECTION;
   (2) MADE WITH THE PRIOR EXPRESS CONSENT OF THE CALLED PARTY;
   (3) MADE BY A LABOR ORGANIZATION TO SUCH ORGANIZATION'S MEMBERS OR  TO
 THE HOUSEHOLD OF SUCH MEMBERS; OR
   (4)  AUTHORIZED  BY REGULATIONS PROMULGATED BY THE DEPARTMENT PURSUANT
 TO PARAGRAPH (B) OF THIS SUBDIVISION.
   (B) THE DEPARTMENT, IN CONSULTATION  WITH  THE  DEPARTMENT  OF  PUBLIC
 SERVICE,  SHALL  PROMULGATE  REGULATIONS  TO IMPLEMENT THE PROVISIONS OF
 THIS SUBDIVISION, AND MAY PERMIT, SUBJECT  TO  SUCH  CONDITIONS  AS  THE
 DEPARTMENT  MAY  PRESCRIBE,  ROBOCALLS TO BE MADE TO A RESIDENTIAL TELE-
 PHONE LINE WITHOUT PRIOR EXPRESS CONSENT IF SUCH CALLS ARE NOT MADE  FOR
 A COMMERCIAL PURPOSE.
   3. [Whenever telephone calls are placed through the use of an automat-
 ic dialing-announcing device, such device shall do all of the following]
 IN ADDITION TO THE PROVISIONS OF SUBDIVISION TWO-A OF THIS SECTION:
   (a) IF A ROBOCALL OR CONSUMER TELEPHONE CALL PERMITTED BY THIS SECTION
 USES  AN  ARTIFICIAL  OR PRERECORDED VOICE, SUCH CALL SHALL state at the
 beginning of the call the nature of the call and the name of the  person
 or  on  whose  behalf the message is being transmitted and at the end of
 such message the address, and telephone number of the  person  on  whose
 behalf  the  message  is  transmitted, provided such disclosures are not
 otherwise prohibited or restricted by any federal, state or  local  law;
 and
   (b) IF A ROBOCALL PERMITTED BY THIS SECTION IS MADE USING AN AUTOMATIC
 DIALING  DEVICE, SUCH DEVICE SHALL disconnect [the automatic dialing-an-
 nouncing device] from the telephone line upon  the  termination  of  the
 call by either the person calling or the person called.
   4.  No  person shall operate an automatic [dialing-announcing] DIALING
 device which uses a random or sequential number generator to  produce  a
 number to be called.
   4-A.  (A) NO PERSON MAKING A ROBOCALL SHALL KNOWINGLY CAUSE ANY CALLER
 IDENTIFICATION SERVICE TO  TRANSMIT  MISLEADING,  INACCURATE,  OR  FALSE
 CALLER  IDENTIFICATION  INFORMATION  WITH  THE  INTENT TO DEFRAUD, CAUSE
 HARM, OR WRONGFULLY OBTAIN ANYTHING OF VALUE.
   (B) THIS SUBDIVISION DOES NOT PROHIBIT:
   (1) ANY AUTHORIZED ACTIVITY OF A LAW ENFORCEMENT AGENCY; OR
   (2) ANY ACTIVITY PURSUANT TO A COURT ORDER THAT  SPECIFICALLY  AUTHOR-
 IZES THE USE OF CALLER IDENTIFICATION MANIPULATION.
   4-B.  (A) A TELEPHONE SERVICE PROVIDER THAT PROVIDES TELEPHONE SERVICE
 TO CUSTOMERS RESIDING IN THE STATE SHALL MAKE CALL MITIGATION TECHNOLOGY
 AVAILABLE TO ANY SUCH CUSTOMER,  UPON  REQUEST,  AND  AT  NO  ADDITIONAL
 CHARGE.  SUCH PROVIDER SHALL ALSO OFFER TO ANY SUCH CUSTOMER THE ABILITY
 TO HAVE THE PROVIDER PREVENT CALLS AND TEXT MESSAGES IDENTIFIED AS ORIG-

 S. 3297--C                          4
 
 INATING FROM A PARTICULAR PERSON FROM  BEING  COMPLETED  TO  THE  CALLED
 PERSON, UPON REQUEST, AND AT NO ADDITIONAL CHARGE.
   (B)  THE  DEPARTMENT,  IN  CONSULTATION  WITH THE DEPARTMENT OF PUBLIC
 SERVICE, SHALL PROMULGATE REGULATIONS TO IMPLEMENT THE  REQUIREMENTS  OF
 THIS  SUBDIVISION,  INCLUDING,  IF  APPROPRIATE,  A  REASONABLE DELAY IN
 REQUIRING IMPLEMENTATION AND OFFERING OF CALL MITIGATION  TECHNOLOGY  IF
 FOR  GOOD CAUSE, TAKING INTO ACCOUNT THE CONSUMER PROTECTION PURPOSES OF
 THIS SECTION, AND INCLUDING PROCEDURES FOR ADDRESSING INCIDENTS IN WHICH
 A CALL WANTED BY THE CUSTOMER IS PREVENTED FROM REACHING  THE  CUSTOMER.
 THE DEPARTMENT MAY ALSO PROMULGATE REGULATIONS ALLOWING FOR THE REQUIRE-
 MENTS  OF  THIS SUBDIVISION TO BE WAIVED FOR EXISTING NETWORK FACILITIES
 IN INSTANCES WHERE THE TELEPHONE SERVICE PROVIDER CAN REASONABLY  DEMON-
 STRATE THAT CALL MITIGATION TECHNOLOGY CANNOT FEASIBLY BE IMPLEMENTED ON
 SUCH  FACILITIES DUE TO TECHNOLOGICAL LIMITATIONS, UNTIL SUCH TIME AS IT
 CAN BE FEASIBLY IMPLEMENTED.
   5. No [automatic dialing-announcing device shall be used to  call  and
 no]  ROBOCALL OR consumer telephone call shall be placed to an emergency
 telephone line including but not limited to any 911 or  E-911  line,  or
 any emergency line of any volunteer fire company or fire department; any
 emergency   medical  service,  ambulance  service,  voluntary  ambulance
 service or hospital ambulance service as defined in section three  thou-
 sand  one of the public health law; any hospital, nursing home, or resi-
 dential health care facility as defined in section twenty-eight  hundred
 one  of  the  public  health  law; any adult care facility as defined in
 section two of the social services law; or any law enforcement agency or
 to the telephone line of any guest room or patient room of any hospital,
 nursing home, or residential health care facility as defined in  section
 two  thousand  eight  hundred one of the public health law, or any adult
 care facility as defined by section two of the social services  law.  It
 shall  not  constitute a violation of this subdivision if the person who
 places such a call can affirmatively establish that the call was  placed
 inadvertently  despite  good faith efforts on the part of such person to
 comply with the provisions of this section and such  person  has  imple-
 mented  a  procedure  to prevent subsequent calls from being placed to a
 particular prohibited telephone number.
   6. A telephone solicitor shall not make a consumer telephone call to a
 consumer unless the telephone solicitor conforms with  subparagraph  one
 of  paragraph b of subdivision six of section three hundred ninety-nine-
 pp of this article. Nothing contained herein shall be deemed  to  limit,
 annul,  alter,  or  affect  the  provisions of subdivision three of this
 section.
   6-a. No telephone solicitor or person who places  any  consumer  tele-
 phone  call  or  [who  operates  an automatic dialing-announcing device]
 ROBOCALL and no employer of any such telephone solicitor or person shall
 intentionally cause to be installed, or shall intentionally utilize, any
 blocking device or service to prevent the name and/or  telephone  number
 of  such solicitor or person, or the name and/or telephone number of his
 or her employer, from being displayed on a caller identification  device
 of  the  recipient  of  any such consumer telephone call. A violation of
 this subdivision shall be subject to the provisions of subdivision eight
 of this section.
   7. (a) Federal, state or  local  municipalities,  or  any  subdivision
 thereof,  [using  an automatic dialing-announcing device] MAKING A ROBO-
 CALL for emergency purposes shall be exempted  from  the  provisions  of
 this section.

 S. 3297--C                          5
 
   (b)  Notwithstanding  the provisions of paragraph (a) of this subdivi-
 sion, any entity  [which  operates]  MAKING  A  ROBOCALL  FOR  EMERGENCY
 PURPOSES  THROUGH  THE  OPERATION OF a telephone warning or alert system
 [which utilizes any such device for emergency purposes]  shall  also  be
 exempted from the provisions of this section.
   8.  Whenever  there  shall  be  a violation OF SUBDIVISION TWO, THREE,
 FOUR, FOUR-A, FIVE, SIX, OR SIX-A of this section, an application may be
 made by the attorney general in the name of the people of the  state  of
 New  York  to a court or justice having jurisdiction to issue an injunc-
 tion, and upon notice to the defendant of not less than  five  days,  to
 enjoin  and restrain the continuance of such violations; and if it shall
 appear to the satisfaction of the court or justice, that  the  defendant
 has,  in fact, violated SUBDIVISION TWO, THREE, FOUR, FOUR-A, FIVE, SIX,
 OR SIX-A OF this section an injunction may be issued by  such  court  or
 justice enjoining and restraining any further violation, without requir-
 ing proof that any person has, in fact, been injured or damaged thereby.
 In  any  such  proceeding, the court may make allowances to the attorney
 general as provided in paragraph  six  of  subdivision  (a)  of  section
 eighty-three  hundred  three  of  the  civil practice law and rules, and
 direct restitution. Whenever the court shall determine that a  violation
 of  subdivision  TWO, three, four, or five of this section has occurred,
 the court may impose a civil penalty  of  not  more  than  two  thousand
 dollars  per  call,  up  to  a  total  of  not more than twenty thousand
 dollars, for calls placed in violation of  such  subdivisions  within  a
 continuous  seventy-two  hour period. WHENEVER THE COURT SHALL DETERMINE
 THAT A VIOLATION OF SUBDIVISION FOUR-A OF THIS SECTION HAS OCCURRED, THE
 COURT MAY IMPOSE A CIVIL PENALTY OF NOT LESS THAN FIVE THOUSAND  DOLLARS
 NOR  MORE  THAN  TEN  THOUSAND  DOLLARS FOR EACH VIOLATION. Whenever the
 court shall determine that  a  violation  of  subdivision  six  of  this
 section,  or  a  violation  of  subdivision  six-a  of this section, has
 occurred, the court may impose a civil penalty  of  not  more  than  two
 thousand  dollars. In connection with any such proposed application, the
 attorney general is authorized to take proof and make a determination of
 the relevant facts and to issue subpoenas in accordance with  the  civil
 practice law and rules.
   9.  In addition to the right of action granted to the attorney general
 pursuant to this section, any person who has received a  telephone  call
 in  violation  of  subdivision  TWO, three, four, FOUR-A or five of this
 section may bring:
   (A) an action in his OR HER own name to enjoin such  unlawful  act  or
 practice[,];
   (B)  an  action  to  recover his OR HER actual damages or [fifty] FIVE
 HUNDRED dollars, whichever is greater[,]; or
   (C) both such actions. The court may, in its discretion, increase  the
 award  of  damages  to  an  amount not to exceed three times the [actual
 damages up to one thousand dollars] AMOUNT AVAILABLE UNDER PARAGRAPH (B)
 OF THIS SUBDIVISION, if the court finds the defendant willfully or know-
 ingly violated such subdivisions. The court [may] SHALL award reasonable
 attorney's fees to  a  prevailing  plaintiff.  ANY  DAMAGES  RECOVERABLE
 PURSUANT  TO  THIS  SECTION MAY BE RECOVERED IN ANY ACTION WHICH A COURT
 MAY AUTHORIZE TO BE BROUGHT AS A CLASS ACTION PURSUANT TO  ARTICLE  NINE
 OF THE CIVIL PRACTICE LAW AND RULES.
   10.  (A) THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF PUBLIC
 SERVICE, SHALL REPORT ON ISSUES RELATED TO  ILLEGAL  ROBOCALLS  MADE  TO
 TELEPHONE  NUMBERS OWNED BY A PERSON OR ENTITY IN THIS STATE, AND ON THE
 STATUS OF THE IMPLEMENTATION AND OFFERING OF CALL MITIGATION  TECHNOLOGY

 S. 3297--C                          6
 
 BY TELEPHONE SERVICE PROVIDERS THAT PROVIDE TELEPHONE SERVICE TO CUSTOM-
 ERS  RESIDING IN THE STATE. SUCH REPORT SHALL BE DELIVERED NO LATER THAN
 DECEMBER FIRST, TWO THOUSAND TWENTY, AND  ANNUALLY  THEREAFTER,  TO  THE
 GOVERNOR,  THE  TEMPORARY  PRESIDENT  OF  THE SENATE, THE SPEAKER OF THE
 ASSEMBLY, THE MINORITY LEADER OF THE SENATE, AND THE MINORITY LEADER  OF
 THE ASSEMBLY.
   (B) SUCH REPORT SHALL INCLUDE:
   (1) A LIST OF TELEPHONE SERVICE PROVIDERS OPERATING IN THIS STATE, AND
 THE STATUS OF THEIR IMPLEMENTATION AND OFFERING OF CALL MITIGATION TECH-
 NOLOGY;
   (2) INFORMATION REGARDING DELAYS IN THE IMPLEMENTATION AND OFFERING OF
 CALL MITIGATION TECHNOLOGY, AND THE REASONS FOR SUCH DELAYS;
   (3)  RECOMMENDATIONS FOR ADDITIONAL MEASURES TO PROTECT CUSTOMERS FROM
 ILLEGAL ROBOCALLS;
   (4) THE NUMBER OF ILLEGAL ROBOCALLS MADE TO TELEPHONE NUMBERS OWNED BY
 A PERSON OR ENTITY IN THIS STATE, TO THE EXTENT THAT SUCH INFORMATION IS
 KNOWN; AND
   (5) ANY OTHER INFORMATION OR RECOMMENDATIONS RELATING TO THE ISSUE  OF
 ROBOCALLS THAT THE DEPARTMENT JUDGES TO BE PERTINENT OR NECESSARY.
   §  3.  Paragraph  b of subdivision 11 of section 399-pp of the general
 business law, as added by chapter 546 of the laws of 2000, is amended to
 read as follows:
   b. In every case where the court shall determine that a  violation  of
 this  section  has  occurred,  it may impose a civil penalty of not less
 than one thousand dollars nor more than two thousand  dollars  for  each
 violation,  PROVIDED THAT FOR A VIOLATION OF SUBDIVISION SEVEN-A OF THIS
 SECTION, THE COURT MAY IMPOSE A CIVIL PENALTY  OF  NOT  LESS  THAN  FIVE
 THOUSAND  DOLLARS NOR MORE THAN TEN THOUSAND DOLLARS FOR EACH VIOLATION.
 Such penalty shall be in addition  to  the  denial  of  registration  or
 renewal,  suspension  of  registration  or revocation of registration or
 assessment of a fine authorized by subdivision five of this section.
   § 4. If any provision of this act, or any application of any provision
 of this act, is  held to be invalid, that shall not affect the  validity
 or  effectiveness  of  any  other provision of this act, or of any other
 application of any provision of this act,  which  can  be  given  effect
 without  that  provision or application; and to that end, the provisions
 and applications of this act are severable.
   § 5. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a  law.    Effective  immediately, the addition, amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of this act on its effective date are authorized and directed to be made
 and completed on or before such effective date.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3297--D
     Cal. No. 318
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 5, 2019
                                ___________
 
 Introduced by Sens. HOYLMAN, CARLUCCI, ADDABBO, BAILEY, BIAGGI, BRESLIN,
   BROOKS,  COMRIE,  GAUGHRAN,  GOUNARDES,  HARCKHAM,  JACKSON, KAMINSKY,
   KAPLAN, KAVANAGH, KENNEDY, KRUEGER,  MAY,  MAYER,  MONTGOMERY,  MYRIE,
   PARKER,  PERSAUD, RAMOS, RIVERA, SALAZAR, SANDERS, SEPULVEDA, SERRANO,
   STAVISKY, THOMAS -- read twice and ordered printed, and  when  printed
   to  be  committed to the Committee on Energy and Telecommunications --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted  to said committee -- reported favorably from said commit-
   tee, ordered to first and second report, ordered to a  third  reading,
   amended  and  ordered  reprinted,  retaining its place in the order of
   third reading -- again amended and ordered  reprinted,  retaining  its
   place  in  the  order  of  third  reading -- again amended and ordered
   reprinted, retaining its place in the order of third reading
 
 AN ACT to amend the general business law, in relation to limiting  robo-
   calls to state residents and to require telephone service providers to
   offer free call mitigation technology to telephone customers

   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  "robocall
 prevention act".
   §  2. Section 399-p of the general business law, as amended by chapter
 581 of the laws of 1992, subdivision 6 as amended by chapter 546 of  the
 laws  of  2000, subdivision 6-a as added and subdivision 8 as amended by
 chapter 176 of the laws of 1998, is amended to read as follows:
   § 399-p. [Telemarketing; use] USE  of  automatic  [dialing-announcing]
 DIALING devices and placement of ROBOCALLS AND consumer telephone calls.
 1.  Definitions. As used in this section, the following terms shall have
 the following meanings:
   (a) "automatic [dialing-announcing] DIALING device" means  [any  auto-
 matic  equipment  which  incorporates  a storage capability of telephone
 numbers to be called and is used, working alone or in  conjunction  with

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD02262-26-9

 S. 3297--D                          2

 other  equipment,  to disseminate a prerecorded message to the telephone
 number called without the use of an operator]  EQUIPMENT  THAT  MAKES  A
 SERIES OF CALLS TO STORED TELEPHONE NUMBERS, INCLUDING NUMBERS STORED ON
 A LIST, EXCEPT FOR EQUIPMENT THAT REQUIRES A HUMAN TO DIAL OR PLACE EACH
 INDIVIDUAL  CALL  ONE  CALL  AT  A TIME, AND REQUIRES SUCH HUMAN TO THEN
 REMAIN ON EACH CALL;
   (b) "person" means any natural person,  firm,  organization,  partner-
 ship, association or corporation, or other entity, whether for-profit or
 not-for-profit;
   (c)  "consumer"  means  a natural person who is solicited to purchase,
 lease or receive a good or service for  personal,  family  or  household
 use;
   (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;  provided,  however,
 that  "consumer telephone call" shall not include a call made by a tele-
 phone corporation, as defined by subdivision seventeen 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]
   (e)  "telephone  solicitor"  means  a person who makes or causes to be
 made a consumer telephone call;
   (F) "ROBOCALL" MEANS A CALL MADE, INCLUDING A TEXT  MESSAGE  SENT,  TO
 ANY TELEPHONE NUMBER OWNED BY A PERSON OR ENTITY IN THE STATE:
   (1) USING AN AUTOMATIC DIALING DEVICE; OR
   (2) USING AN ARTIFICIAL OR PRERECORDED VOICE;
   (G)  "CALL  MITIGATION TECHNOLOGY" MEANS TECHNOLOGY THAT IDENTIFIES AN
 INCOMING CALL OR TEXT  MESSAGE  AS  BEING,  OR  AS  PROBABLY  BEING,  AN
 UNWANTED  ROBOCALL,  AND,  ON  THAT  BASIS,  BLOCKS THE CALL OR MESSAGE,
 DIVERTS IT  TO  THE  CALLED  PERSON'S  ANSWERING  SYSTEM,  OR  OTHERWISE
 PREVENTS  IT  FROM  BEING COMPLETED TO THE CALLED PERSON, EXCEPT THAT IT
 PERMITS A CALL OR TEXT SO IDENTIFIED TO BE COMPLETED WHEN IT IS  IDENTI-
 FIED AS BEING MADE BY A LAW ENFORCEMENT OR PUBLIC SAFETY ENTITY;
   (H)  "PRIOR  EXPRESS CONSENT" FOR A CALL MEANS THAT THE PURPOSE OF THE
 CALL MUST BE CLOSELY RELATED TO THE  PURPOSE  FOR  WHICH  THE  TELEPHONE
 NUMBER WAS ORIGINALLY PROVIDED BY THE CALLED PARTY. A CALL BY A NON-PRO-
 FIT  ORGANIZATION  WHICH  IS  FEDERALLY TAX EXEMPT PURSUANT TO 26 U.S.C.
 501(C), TO A MEMBER WHO HAD JOINED SUCH ORGANIZATION OR TO THE HOUSEHOLD
 OF SUCH A MEMBER, IS PRESUMED TO BE CLOSELY RELATED. A CUSTOMER'S  PRIOR
 EXPRESS  CONSENT  CAN  BE  REVOKED  BY  THE  CUSTOMER AT ANY TIME IN ANY
 REASONABLE MANNER, REGARDLESS OF THE CONTEXT IN WHICH THE OWNER OR  USER
 OF THE TELEPHONE PROVIDED CONSENT;
   (I) "TELEPHONE SERVICE PROVIDER" MEANS ANY COMPANY THAT PROVIDES VOICE
 SERVICE UTILIZING ANY TECHNOLOGY, REGARDLESS OF WHETHER SUCH PROVIDER IS
 REGULATED PURSUANT TO THE PUBLIC SERVICE LAW;
   (J)  "LABOR  ORGANIZATION"  MEANS  ANY  ORGANIZATION OF ANY KIND WHICH
 EXISTS FOR THE PURPOSE, IN WHOLE OR IN PART, OF  REPRESENTING  EMPLOYEES
 EMPLOYED  WITHIN  THE  STATE  OF  NEW  YORK IN DEALING WITH EMPLOYERS OR
 EMPLOYER ORGANIZATIONS OR WITH A STATE GOVERNMENT, OR ANY  POLITICAL  OR
 CIVIL  SUBDIVISION  OR OTHER AGENCY THEREOF, CONCERNING TERMS AND CONDI-

 S. 3297--D                          3
 
 TIONS OF EMPLOYMENT, GRIEVANCES, LABOR DISPUTES, OR OTHER MATTERS  INCI-
 DENTAL TO THE EMPLOYMENT RELATIONSHIP. FOR THE PURPOSES OF THIS SECTION,
 EACH  LOCAL,  PARENT  NATIONAL OR PARENT INTERNATIONAL ORGANIZATION OF A
 STATEWIDE  LABOR  ORGANIZATION,  AND EACH STATEWIDE FEDERATION RECEIVING
 DUES FROM SUBSIDIARY LABOR ORGANIZATIONS, SHALL BE CONSIDERED A SEPARATE
 LABOR ORGANIZATION; AND
   (K) "DEPARTMENT" MEANS THE DEPARTMENT OF STATE.
   2. No person shall [operate an  automatic  dialing-announcing  device]
 MAKE  ANY  ROBOCALL,  nor  place  any consumer telephone call, except in
 accordance with the provisions of this section. The [use of such device]
 MAKING OF A ROBOCALL by any person, either individually or acting as  an
 officer, agent, or employee of a person [operating automatic dialing-an-
 nouncing  devices]  MAKING  A  ROBOCALL, is subject to the provisions of
 this section.
   2-A. (A) A PERSON SHALL BE PERMITTED TO MAKE A ROBOCALL ONLY WHEN SUCH
 ROBOCALL IS:
   (1) MADE FOR EMERGENCY PURPOSES, PURSUANT TO SUBDIVISION SEVEN OF THIS
 SECTION;
   (2) MADE WITH THE PRIOR EXPRESS CONSENT OF THE CALLED PARTY;
   (3) MADE BY A LABOR ORGANIZATION TO SUCH ORGANIZATION'S MEMBERS OR  TO
 THE HOUSEHOLD OF SUCH MEMBERS; OR
   (4)  AUTHORIZED  BY REGULATIONS PROMULGATED BY THE DEPARTMENT PURSUANT
 TO PARAGRAPH (B) OF THIS SUBDIVISION.
   (B) THE DEPARTMENT, IN CONSULTATION  WITH  THE  DEPARTMENT  OF  PUBLIC
 SERVICE,  SHALL  PROMULGATE  REGULATIONS  TO IMPLEMENT THE PROVISIONS OF
 THIS SUBDIVISION, AND MAY PERMIT, SUBJECT  TO  SUCH  CONDITIONS  AS  THE
 DEPARTMENT  MAY  PRESCRIBE,  ROBOCALLS TO BE MADE TO A RESIDENTIAL TELE-
 PHONE LINE WITHOUT PRIOR EXPRESS CONSENT IF SUCH CALLS ARE NOT MADE  FOR
 A COMMERCIAL PURPOSE.
   3. [Whenever telephone calls are placed through the use of an automat-
 ic dialing-announcing device, such device shall do all of the following]
 IN ADDITION TO THE PROVISIONS OF SUBDIVISION TWO-A OF THIS SECTION:
   (a) IF A ROBOCALL OR CONSUMER TELEPHONE CALL PERMITTED BY THIS SECTION
 USES  A PRERECORDED VOICE, SUCH CALL SHALL state at the beginning of the
 call the nature of the call and the name  of  the  person  or  on  whose
 behalf  the  message is being transmitted and at the end of such message
 the address, and telephone number of the  person  on  whose  behalf  the
 message  is  transmitted,  provided  such  disclosures are not otherwise
 prohibited or restricted by any federal, state or local law; and
   (b) IF A ROBOCALL PERMITTED BY THIS SECTION IS MADE USING AN AUTOMATIC
 DIALING DEVICE, SUCH DEVICE SHALL disconnect [the automatic  dialing-an-
 nouncing  device]  from  the  telephone line upon the termination of the
 call by either the person calling or the person called.
   4. No person shall operate an automatic  [dialing-announcing]  DIALING
 device  which  uses a random or sequential number generator to produce a
 number to be called.
   4-A. (A) NO PERSON MAKING A ROBOCALL SHALL KNOWINGLY CAUSE ANY  CALLER
 IDENTIFICATION  SERVICE  TO  TRANSMIT  MISLEADING,  INACCURATE, OR FALSE
 CALLER IDENTIFICATION INFORMATION WITH  THE  INTENT  TO  DEFRAUD,  CAUSE
 HARM, OR WRONGFULLY OBTAIN ANYTHING OF VALUE.
   (B) THIS SUBDIVISION DOES NOT PROHIBIT:
   (1) ANY AUTHORIZED ACTIVITY OF A LAW ENFORCEMENT AGENCY; OR
   (2)  ANY  ACTIVITY PURSUANT TO A COURT ORDER THAT SPECIFICALLY AUTHOR-
 IZES THE USE OF CALLER IDENTIFICATION MANIPULATION.
   4-B. (A) A TELEPHONE SERVICE PROVIDER THAT PROVIDES TELEPHONE  SERVICE
 TO CUSTOMERS RESIDING IN THE STATE SHALL MAKE CALL MITIGATION TECHNOLOGY

 S. 3297--D                          4
 
 AVAILABLE  TO  ANY  SUCH  CUSTOMER,  UPON  REQUEST, AND AT NO ADDITIONAL
 CHARGE. SUCH PROVIDER SHALL ALSO OFFER TO ANY SUCH CUSTOMER THE  ABILITY
 TO HAVE THE PROVIDER PREVENT CALLS AND TEXT MESSAGES IDENTIFIED AS ORIG-
 INATING  FROM  A  PARTICULAR  PERSON  FROM BEING COMPLETED TO THE CALLED
 PERSON, UPON REQUEST, AND AT NO ADDITIONAL CHARGE.
   (B) THE DEPARTMENT, IN CONSULTATION  WITH  THE  DEPARTMENT  OF  PUBLIC
 SERVICE,  SHALL  PROMULGATE REGULATIONS TO IMPLEMENT THE REQUIREMENTS OF
 THIS SUBDIVISION, INCLUDING,  IF  APPROPRIATE,  A  REASONABLE  DELAY  IN
 REQUIRING  IMPLEMENTATION  AND OFFERING OF CALL MITIGATION TECHNOLOGY IF
 FOR GOOD CAUSE, TAKING INTO ACCOUNT THE CONSUMER PROTECTION PURPOSES  OF
 THIS SECTION, AND INCLUDING PROCEDURES FOR ADDRESSING INCIDENTS IN WHICH
 A  CALL  WANTED BY THE CUSTOMER IS PREVENTED FROM REACHING THE CUSTOMER.
 THE DEPARTMENT MAY ALSO PROMULGATE REGULATIONS ALLOWING FOR THE REQUIRE-
 MENTS OF THIS SUBDIVISION TO BE WAIVED FOR EXISTING  NETWORK  FACILITIES
 IN  INSTANCES WHERE THE TELEPHONE SERVICE PROVIDER CAN REASONABLY DEMON-
 STRATE THAT CALL MITIGATION TECHNOLOGY CANNOT FEASIBLY BE IMPLEMENTED ON
 SUCH FACILITIES DUE TO TECHNOLOGICAL LIMITATIONS, UNTIL SUCH TIME AS  IT
 CAN BE FEASIBLY IMPLEMENTED.
   5.  No  [automatic dialing-announcing device shall be used to call and
 no] ROBOCALL OR consumer telephone call shall be placed to an  emergency
 telephone  line  including  but not limited to any 911 or E-911 line, or
 any emergency line of any volunteer fire company or fire department; any
 emergency  medical  service,  ambulance  service,  voluntary   ambulance
 service  or hospital ambulance service as defined in section three thou-
 sand one of the public health law; any hospital, nursing home, or  resi-
 dential  health care facility as defined in section twenty-eight hundred
 one of the public health law; any adult  care  facility  as  defined  in
 section two of the social services law; or any law enforcement agency or
 to the telephone line of any guest room or patient room of any hospital,
 nursing  home, or residential health care facility as defined in section
 two thousand eight hundred one of the public health law,  or  any  adult
 care  facility  as defined by section two of the social services law. It
 shall not constitute a violation of this subdivision if the  person  who
 places  such a call can affirmatively establish that the call was placed
 inadvertently despite good faith efforts on the part of such  person  to
 comply  with  the  provisions of this section and such person has imple-
 mented a procedure to prevent subsequent calls from being  placed  to  a
 particular prohibited telephone number.
   6. A telephone solicitor shall not make a consumer telephone call to a
 consumer  unless  the telephone solicitor conforms with subparagraph one
 of paragraph b of subdivision six of section three hundred  ninety-nine-
 pp  of  this article. Nothing contained herein shall be deemed to limit,
 annul, alter, or affect the provisions  of  subdivision  three  of  this
 section.
   6-a.  No  telephone  solicitor or person who places any consumer tele-
 phone call or [who  operates  an  automatic  dialing-announcing  device]
 ROBOCALL and no employer of any such telephone solicitor or person shall
 intentionally cause to be installed, or shall intentionally utilize, any
 blocking  device  or service to prevent the name and/or telephone number
 of such solicitor or person, or the name and/or telephone number of  his
 or  her employer, from being displayed on a caller identification device
 of the recipient of any such consumer telephone  call.  A  violation  of
 this subdivision shall be subject to the provisions of subdivision eight
 of this section.
   7.  (a)  Federal,  state  or  local municipalities, or any subdivision
 thereof, [using an automatic dialing-announcing device] MAKING  A  ROBO-

 S. 3297--D                          5
 
 CALL  for  emergency  purposes  shall be exempted from the provisions of
 this section.
   (b)  Notwithstanding  the provisions of paragraph (a) of this subdivi-
 sion, any entity  [which  operates]  MAKING  A  ROBOCALL  FOR  EMERGENCY
 PURPOSES  THROUGH  THE  OPERATION OF a telephone warning or alert system
 [which utilizes any such device for emergency purposes]  shall  also  be
 exempted from the provisions of this section.
   8.  Whenever  there  shall  be  a violation OF SUBDIVISION TWO, THREE,
 FOUR, FOUR-A, FIVE, SIX, OR SIX-A of this section, an application may be
 made by the attorney general in the name of the people of the  state  of
 New  York  to a court or justice having jurisdiction to issue an injunc-
 tion, and upon notice to the defendant of not less than  five  days,  to
 enjoin  and restrain the continuance of such violations; and if it shall
 appear to the satisfaction of the court or justice, that  the  defendant
 has,  in fact, violated SUBDIVISION TWO, THREE, FOUR, FOUR-A, FIVE, SIX,
 OR SIX-A OF this section an injunction may be issued by  such  court  or
 justice enjoining and restraining any further violation, without requir-
 ing proof that any person has, in fact, been injured or damaged thereby.
 In  any  such  proceeding, the court may make allowances to the attorney
 general as provided in paragraph  six  of  subdivision  (a)  of  section
 eighty-three  hundred  three  of  the  civil practice law and rules, and
 direct restitution. Whenever the court shall determine that a  violation
 of  subdivision  TWO, three, four, or five of this section has occurred,
 the court may impose a civil penalty  of  not  more  than  two  thousand
 dollars  per  call,  up  to  a  total  of  not more than twenty thousand
 dollars, for calls placed in violation of  such  subdivisions  within  a
 continuous  seventy-two  hour period. WHENEVER THE COURT SHALL DETERMINE
 THAT A VIOLATION OF SUBDIVISION FOUR-A OF THIS SECTION HAS OCCURRED, THE
 COURT MAY IMPOSE A CIVIL PENALTY OF NOT LESS THAN FIVE THOUSAND  DOLLARS
 NOR  MORE  THAN  TEN  THOUSAND  DOLLARS FOR EACH VIOLATION. Whenever the
 court shall determine that  a  violation  of  subdivision  six  of  this
 section,  or  a  violation  of  subdivision  six-a  of this section, has
 occurred, the court may impose a civil penalty  of  not  more  than  two
 thousand  dollars. In connection with any such proposed application, the
 attorney general is authorized to take proof and make a determination of
 the relevant facts and to issue subpoenas in accordance with  the  civil
 practice law and rules.
   9.  In addition to the right of action granted to the attorney general
 pursuant to this section, any person who has received a  telephone  call
 in  violation  of  subdivision  TWO, three, four, FOUR-A or five of this
 section may bring:
   (A) an action in his OR HER own name to enjoin such  unlawful  act  or
 practice[,];
   (B)  an  action  to  recover his OR HER actual damages or [fifty] FIVE
 HUNDRED dollars, whichever is greater[,]; or
   (C) both such actions. The court may, in its discretion, increase  the
 award  of  damages  to  an  amount not to exceed three times the [actual
 damages up to one thousand dollars] AMOUNT AVAILABLE UNDER PARAGRAPH (B)
 OF THIS SUBDIVISION, if the court finds the defendant willfully or know-
 ingly violated such subdivisions. The court [may] SHALL award reasonable
 attorney's fees to  a  prevailing  plaintiff.  ANY  DAMAGES  RECOVERABLE
 PURSUANT  TO  THIS  SECTION MAY BE RECOVERED IN ANY ACTION WHICH A COURT
 MAY AUTHORIZE TO BE BROUGHT AS A CLASS ACTION PURSUANT TO  ARTICLE  NINE
 OF THE CIVIL PRACTICE LAW AND RULES.
   10.  (A) THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF PUBLIC
 SERVICE, SHALL REPORT ON ISSUES RELATED TO  ILLEGAL  ROBOCALLS  MADE  TO

 S. 3297--D                          6
 
 TELEPHONE  NUMBERS OWNED BY A PERSON OR ENTITY IN THIS STATE, AND ON THE
 STATUS OF THE IMPLEMENTATION AND OFFERING OF CALL MITIGATION  TECHNOLOGY
 BY TELEPHONE SERVICE PROVIDERS THAT PROVIDE TELEPHONE SERVICE TO CUSTOM-
 ERS  RESIDING IN THE STATE. SUCH REPORT SHALL BE DELIVERED NO LATER THAN
 DECEMBER FIRST, TWO THOUSAND TWENTY, AND  ANNUALLY  THEREAFTER,  TO  THE
 GOVERNOR,  THE  TEMPORARY  PRESIDENT  OF  THE SENATE, THE SPEAKER OF THE
 ASSEMBLY, THE MINORITY LEADER OF THE SENATE, AND THE MINORITY LEADER  OF
 THE ASSEMBLY.
   (B) SUCH REPORT SHALL INCLUDE:
   (1) A LIST OF TELEPHONE SERVICE PROVIDERS OPERATING IN THIS STATE, AND
 THE STATUS OF THEIR IMPLEMENTATION AND OFFERING OF CALL MITIGATION TECH-
 NOLOGY;
   (2) INFORMATION REGARDING DELAYS IN THE IMPLEMENTATION AND OFFERING OF
 CALL MITIGATION TECHNOLOGY, AND THE REASONS FOR SUCH DELAYS;
   (3)  RECOMMENDATIONS FOR ADDITIONAL MEASURES TO PROTECT CUSTOMERS FROM
 ILLEGAL ROBOCALLS;
   (4) THE NUMBER OF ILLEGAL ROBOCALLS MADE TO TELEPHONE NUMBERS OWNED BY
 A PERSON OR ENTITY IN THIS STATE, TO THE EXTENT THAT SUCH INFORMATION IS
 KNOWN; AND
   (5) ANY OTHER INFORMATION OR RECOMMENDATIONS RELATING TO THE ISSUE  OF
 ROBOCALLS THAT THE DEPARTMENT JUDGES TO BE PERTINENT OR NECESSARY.
   §  3.  Paragraph  b of subdivision 11 of section 399-pp of the general
 business law, as added by chapter 546 of the laws of 2000, is amended to
 read as follows:
   b. In every case where the court shall determine that a  violation  of
 this  section  has  occurred,  it may impose a civil penalty of not less
 than one thousand dollars nor more than two thousand  dollars  for  each
 violation,  PROVIDED THAT FOR A VIOLATION OF SUBDIVISION SEVEN-A OF THIS
 SECTION, THE COURT MAY IMPOSE A CIVIL PENALTY  OF  NOT  LESS  THAN  FIVE
 THOUSAND  DOLLARS NOR MORE THAN TEN THOUSAND DOLLARS FOR EACH VIOLATION.
 Such penalty shall be in addition  to  the  denial  of  registration  or
 renewal,  suspension  of  registration  or revocation of registration or
 assessment of a fine authorized by subdivision five of this section.
   § 4. If any provision of this act, or any application of any provision
 of this act, is  held to be invalid, that shall not affect the  validity
 or  effectiveness  of  any  other provision of this act, or of any other
 application of any provision of this act,  which  can  be  given  effect
 without  that  provision or application; and to that end, the provisions
 and applications of this act are severable.
   § 5. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a  law.    Effective  immediately, the addition, amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of this act on its effective date are authorized and directed to be made
 and completed on or before such effective date.