S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4371
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 14, 2023
                                ___________
 
 Introduced  by M. of A. STECK, BLANKENBUSH, BUTTENSCHON, BYRNES, COLTON,
   CRUZ, DeSTEFANO,  DINOWITZ,  HAWLEY,  HYNDMAN,  MANKTELOW,  McDONOUGH,
   MORINELLO,  NORRIS,  RA,  REYES,  ROZIC,  SANTABARBARA, SAYEGH, SIMON,
   SMULLEN, STIRPE, WALSH, WEPRIN  --  read  once  and  referred  to  the
   Committee on Governmental Operations

 AN  ACT to amend the state finance law, in relation to requiring a call-
   blocking service to  be  provided  in  state  contracts  that  include
   procurement if a voice service
 
   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
 149 to read as follows:
   § 149. AUTOMATED CALL SOFTWARE. 1. AS USED IN THIS SECTION:
   (A)  "VOICE SERVICE" (I) MEANS ANY SERVICE THAT IS INTERCONNECTED WITH
 THE PUBLIC SWITCHED TELEPHONE NETWORK AND THAT FURNISHES VOICE  COMMUNI-
 CATIONS TO AN END USER USING RESOURCES FROM THE NORTH AMERICAN NUMBERING
 PLAN  OR  ANY  SUCCESSOR TO THE NORTH AMERICAN NUMBERING PLAN ADOPTED BY
 THE COMMISSION UNDER SECTION 251(E)(1) OF THE FEDERAL COMMUNICATIONS ACT
 OF 1934, AS AMENDED; AND (II) INCLUDES (A) TRANSMISSIONS  FROM  A  TELE-
 PHONE  FACSIMILE  MACHINE,  COMPUTER,  OR  OTHER  DEVICE  TO A TELEPHONE
 FACSIMILE MACHINE; AND (B) WITHOUT LIMITATION, ANY SERVICE THAT  ENABLES
 REAL-TIME,  TWO-WAY  VOICE  COMMUNICATIONS,  INCLUDING  ANY SERVICE THAT
 REQUIRES INTERNET PROTOCOL-COMPATIBLE CUSTOMER  PREMISES  EQUIPMENT  AND
 PERMITS  OUT-BOUND  CALLING,  WHETHER  OR NOT SUCH SERVICE IS ONE-WAY OR
 TWO-WAY VOICE OVER INTERNET PROTOCOL;
   (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 VOICE SERVICE;
   (C)  "CALLER  IDENTIFICATION  SERVICE"  MEANS  ANY  SERVICE  OR DEVICE
 DESIGNED TO PROVIDE THE USER OF THE SERVICE OR DEVICE WITH THE TELEPHONE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05510-01-3
              

 A. 4371                             2
 
 NUMBER OF, OR OTHER INFORMATION REGARDING THE  ORIGINATION  OF,  A  CALL
 MADE  USING  A  VOICE SERVICE. SUCH TERM INCLUDES AUTOMATIC NUMBER IDEN-
 TIFICATION SERVICES; AND
   (D) "CALL-BLOCKING SERVICE" MEANS ANY SERVICE THAT (I) USES REASONABLE
 ANALYTICS  DESIGNED  TO  IDENTIFY  UNWANTED CALLS; AND (II) BLOCKS CALLS
 IDENTIFIED BY SUCH ANALYTICS.
   2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, WHERE A
 CONTRACT THAT INCLUDES THE PROCUREMENT OF  A  VOICE  SERVICE  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
 CONTRACT SHALL REQUIRE THAT ANY VOICE SERVICE FURNISHED TO THE STATE  OR
 ANY OF ITS POLITICAL SUBDIVISIONS SHALL INCLUDE A CALL-BLOCKING SERVICE.
   3.  A  VOICE  SERVICE  PROVIDER  THAT PROVIDES A CALL-BLOCKING SERVICE
 PURSUANT TO THIS SECTION SHALL NOT BE SUBJECT TO ANY CIVIL  OR  CRIMINAL
 LIABILITY  ON  THE  BASIS THAT SUCH CALL-BLOCKING SERVICE BLOCKED A CALL
 THAT WAS WANTED OR FAILED TO BLOCK A CALL THAT WAS UNWANTED.
   § 2. This act shall take effect on the first of January next  succeed-
 ing the date it shall have become a law.