Senate Bill S3368

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3368
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 31, 2023
                                ___________
 
 Introduced  by Sens. SKOUFIS, ADDABBO -- read twice and ordered printed,
   and when printed to be committed to the Committee on Finance
 
 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05510-01-3
              

 S. 3368                             2
 
   (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.