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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4371
SPONSOR: Steck 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
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 forth the effective date.
PURPOSE AND JUSTIFICATION:
We all get them - calls from businesses, individuals and enterprises
attempting to solicit you by phone even if your technology that trans-
mits false caller ID information as well as automated call systems that
dial thousands of numbers all day long. Not only are these calls annoy-
ing 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 legiti-
mate 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.
EXISTING LAW:
None.
PRIOR LEGISLATIVE HISTORY:
2019/20: A3481 referred to governmental operations
2021/22: A590B referred to governmental operations passed Senate
returned to assembly and referred to governmental operations amended and
referred to governmental operations repassed Senate
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
4371
2023-2024 Regular Sessions
IN ASSEMBLY
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:
1 Section 1. The state finance law is amended by adding a new section
2 149 to read as follows:
3 § 149. Automated call software. 1. As used in this section:
4 (a) "voice service" (i) means any service that is interconnected with
5 the public switched telephone network and that furnishes voice communi-
6 cations to an end user using resources from the North American Numbering
7 Plan or any successor to the North American Numbering Plan adopted by
8 the commission under section 251(e)(1) of the federal Communications Act
9 of 1934, as amended; and (ii) includes (A) transmissions from a tele-
10 phone facsimile machine, computer, or other device to a telephone
11 facsimile machine; and (B) without limitation, any service that enables
12 real-time, two-way voice communications, including any service that
13 requires internet protocol-compatible customer premises equipment and
14 permits out-bound calling, whether or not such service is one-way or
15 two-way voice over internet protocol;
16 (b) "caller identification information" means information provided to
17 an end user by a caller identification service regarding the telephone
18 number of, or other information regarding the origination of, a call
19 made using a voice service;
20 (c) "caller identification service" means any service or device
21 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
1 number of, or other information regarding the origination of, a call
2 made using a voice service. Such term includes automatic number iden-
3 tification services; and
4 (d) "call-blocking service" means any service that (i) uses reasonable
5 analytics designed to identify unwanted calls; and (ii) blocks calls
6 identified by such analytics.
7 2. Notwithstanding any other provision of law to the contrary, where a
8 contract that includes the procurement of a voice service is to be
9 awarded by a state agency, public authority or municipality, pursuant to
10 a competitive bidding process or a request for proposal process, such
11 contract shall require that any voice service furnished to the state or
12 any of its political subdivisions shall include a call-blocking service.
13 3. A voice service provider that provides a call-blocking service
14 pursuant to this section shall not be subject to any civil or criminal
15 liability on the basis that such call-blocking service blocked a call
16 that was wanted or failed to block a call that was unwanted.
17 § 2. This act shall take effect on the first of January next succeed-
18 ing the date it shall have become a law.
