senate Bill S3297D

2019-2020 Legislative Session

Limits robocalls to state residents and requires telephone service providers to offer free call mitigation technology to telephone customers

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (19)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Dec 28, 2020 committed to rules
Jan 27, 2020 advanced to third reading
Jan 23, 2020 2nd report cal.
Jan 22, 2020 1st report cal.235
Jan 08, 2020 referred to energy and telecommunications
returned to senate
died in assembly
Jun 14, 2019 referred to corporations, authorities and commissions
delivered to assembly
passed senate
Jun 11, 2019 amended on third reading 3297d
Jun 04, 2019 amended on third reading (t) 3297c
May 15, 2019 amended on third reading 3297b
Mar 28, 2019 advanced to third reading
Mar 27, 2019 2nd report cal.
Mar 26, 2019 1st report cal.318
Mar 12, 2019 print number 3297a
Mar 12, 2019 amend (t) and recommit to energy and telecommunications
Feb 05, 2019 referred to energy and telecommunications

Votes

view votes

Jan 22, 2020 - Energy and Telecommunications committee Vote

S3297D
6
0
committee
6
Aye
0
Nay
3
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Energy and Telecommunications committee vote details

Energy and Telecommunications Committee Vote: Jan 22, 2020

aye wr (3)

Mar 26, 2019 - Energy and Telecommunications committee Vote

S3297A
6
2
committee
6
Aye
2
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: Mar 26, 2019

nay (2)
aye wr (1)

Co-Sponsors

view additional co-sponsors

S3297 - Details

See Assembly Version of this Bill:
A675
Current Committee:
Senate Rules
Law Section:
General Business Law
Laws Affected:
Amd §§399-p & 399-pp, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2017-2018: S8674, A10739
2021-2022: S68, A2047

S3297 - Summary

Limits robocalls to state residents and requires telephone service providers to offer free call mitigation technology to telephone customers.

S3297 - Sponsor Memo

S3297 - Bill Text download pdf

 
                     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

Co-Sponsors

view additional co-sponsors

S3297A - Details

See Assembly Version of this Bill:
A675
Current Committee:
Senate Rules
Law Section:
General Business Law
Laws Affected:
Amd §§399-p & 399-pp, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2017-2018: S8674, A10739
2021-2022: S68, A2047

S3297A - Summary

Limits robocalls to state residents and requires telephone service providers to offer free call mitigation technology to telephone customers.

S3297A - Sponsor Memo

S3297A - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3297--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 5, 2019
                                ___________
 
 Introduced by Sens. HOYLMAN, CARLUCCI, BAILEY, BIAGGI, COMRIE, KAMINSKY,
   KRUEGER, PARKER, PERSAUD, SANDERS, SEPULVEDA -- 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

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

Co-Sponsors

view additional co-sponsors

S3297B - Details

See Assembly Version of this Bill:
A675
Current Committee:
Senate Rules
Law Section:
General Business Law
Laws Affected:
Amd §§399-p & 399-pp, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2017-2018: S8674, A10739
2021-2022: S68, A2047

S3297B - Summary

Limits robocalls to state residents and requires telephone service providers to offer free call mitigation technology to telephone customers.

S3297B - Sponsor Memo

S3297B - Bill Text download pdf

 
                     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

Co-Sponsors

view additional co-sponsors

S3297C - Details

See Assembly Version of this Bill:
A675
Current Committee:
Senate Rules
Law Section:
General Business Law
Laws Affected:
Amd §§399-p & 399-pp, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2017-2018: S8674, A10739
2021-2022: S68, A2047

S3297C - Summary

Limits robocalls to state residents and requires telephone service providers to offer free call mitigation technology to telephone customers.

S3297C - Sponsor Memo

S3297C - Bill Text download pdf

 
                     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

Co-Sponsors

view additional co-sponsors

S3297D (ACTIVE) - Details

See Assembly Version of this Bill:
A675
Current Committee:
Senate Rules
Law Section:
General Business Law
Laws Affected:
Amd §§399-p & 399-pp, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2017-2018: S8674, A10739
2021-2022: S68, A2047

S3297D (ACTIVE) - Summary

Limits robocalls to state residents and requires telephone service providers to offer free call mitigation technology to telephone customers.

S3297D (ACTIVE) - Sponsor Memo

S3297D (ACTIVE) - Bill Text download pdf

 
                     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

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