NY State Senate Bill 2023-S3368

Senate Bill S3368

2023-2024 Legislative Session

Requires a call-blocking service to be provided in state contracts that include procurement of a voice service

download bill text pdf

Current Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to finance
Jan 31, 2023	referred to finance

co-Sponsors

2023-S3368 (ACTIVE) - Details

See Assembly Version of this Bill:: A4371
Current Committee:: Senate Finance
Law Section:: State Finance Law
Laws Affected:: Add §149, St Fin L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A9932
2019-2020: S3434, A3481, A3482
2021-2022: S1826, A590, A3615

2023-S3368 (ACTIVE) - Summary

Requires a call-blocking service to be provided in state contracts that include procurement of a voice service; provides that a voice service provider shall not be subject to civil or criminal liability for failure of a call-blocking service to block a call, or mistakenly blocking a call that should not have been blocked.

2023-S3368 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3368

SPONSOR: SKOUFIS
 
TITLE OF BILL:

An act to amend the state finance law, in relation to requiring a call-
blocking service to be provided in state contracts that include procure-
ment if a voice service

 
PURPOSE:

This bill helps consumers by requiring phone service providers to make
technology available that would block automated robo-solicitation calls
and calls that use fake caller IDs to trick people into answering.

 
SUMMARY OF PROVISIONS:

Section 1: The state finance law is amended by adding a new section 14
to read as follows:

1.(a)-(d) Definitions

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 pursu-
ant 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.

Section 2: Sets effective date

 
JUSTIFICATION:

We all get them - calls from businesses, individuals and enterprises
attempting to solicit you by phone even if your number is registered
with the Do Not Call Registry. They use technology that transmits false
caller ID information as well as automated call systems that dial thou-
sands of numbers all day long. Not only are these calls annoying and
cause one to screen even their legitimate calls, sometimes these calls
are from criminals attempting to scam the unsuspecting, and others
attempting to harass or threaten.

Simply, these calls are not a legitimate use of telecommunication
services and we should not be receiving them.

New York State and its political subdivisions contract with numerous
telecommunication companies. Currently technology is available that can
prevent over 80% of these calls from being transmitted to your landline
or wireless phone. Telecommunications companies have a responsibility to
not allow their product to be utilized for illegal purposes. This legis-
lation, if passed, will prohibit any telecommunication company from
contracting with New York State or any of its political subdivisions
unless they provide automated call blocking technology free of charge to
all their landline or wireless telephone customers in New York State.
 
LEGISLATIVE HISTORY:

Senate

2020 -S3434, Referred to Finance

2021-2022- S1826B, Passed Senate

Assembly

2020 - A3481, Referred to Governmental Operations

2021-2022- A590B, Referred to Governmental Operations

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act takes effect on the first January next succeeding the date it
shall have become law.

2023-S3368 (ACTIVE) - Bill Text download pdf

                             
                     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.

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Senate Bill S3368

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Sponsored By

James Skoufis