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A5343Assembly2019-2020 SessionSame asS3981

Regulate Political Robocalls

Official title

“Relates to pre-recorded political messages”

Sponsor Rebecca SeawrightAD-76Affects Public Safety & Consumer Affairs
Status
In Assembly Committee
Consumer Affairs And Protection
Impact
6/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Consumer Affairs And Protection

What's happening

This bill regulates pre-recorded political phone messages, requiring disclosure, registration, and filing, with penalties for violations.

Why it matters

  1. Increases transparency for voters. The bill requires that pre-recorded political phone messages clearly disclose who is calling, on whose behalf, and who is paying for the message, within the first 30 seconds. This helps recipients know the source and intent of political communications.

  2. Creates a public record of political messaging. By mandating that scripts and call schedules be filed with the state Board of Elections within 24 hours, the bill allows for greater public scrutiny of political messaging tactics, timing, and content.

  3. Strengthens oversight and accountability. The legislation gives the Attorney General explicit investigative powers, including subpoena authority, to pursue violations, and establishes significant financial penalties for non-compliance, aiming to deter misuse and ensure adherence.

  4. Expands regulation to all entities conducting outreach. The requirement for registration with both the Secretary of State and Board of Elections means any individual or group using automated calling for political purposes must be officially recorded, helping to prevent anonymous or shadow campaigns.

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Who cares

Headline styles

Regulate Political Robocalls

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Rebecca Seawright

Assembly Member · Assembly District 76

Chair, Aging

No co-sponsors yet.

History

  1. Referred to consumer affairs and protection
  2. Print number 5343a
  3. Amend (t) and recommit to consumer affairs and protection
  4. Referred to consumer affairs and protection

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

S3981Senate

Regulate Robocall Political Messages

In Senate Committee · Consumer Protection · Sponsor Liz Krueger

Impact 6 · Moderate0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

5343--A

2019-2020 Regular Sessions

IN ASSEMBLY

February 11, 2019

Introduced by M. of A. SEAWRIGHT -- read once and referred to the Committee on Consumer Affairs and Protection -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee

AN ACT to amend the general business law, in relation to pre-recorded political messages

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Paragraphs (d) and (e) of subdivision 1 of section 399-p of the general business law, as amended by chapter 581 of the laws of 1992, are amended and two new paragraphs (f) and (g) are added to read as follows:

(d) "consumer telephone call" means a call made to a telephone number by a telephone solicitor, whether by device, live operator, or any combination thereof, for the purpose of soliciting a sale of any consumer goods or services for personal, family or household purposes to the consumer called, or for the purpose of soliciting an extension of credit for consumer goods or services to the consumer called, or for the purpose of obtaining information that will or may be used for the direct solicitation of a sale of consumer goods or services to the consumer called or an extension of credit for such purposes; provided, however, that "consumer telephone call" shall not include a call made by a telephone corporation, as defined by subdivision seventeen of section two of the public service law, in response to a specific inquiry initiated by a consumer regarding that consumer's existing or requested telephone service; [and]

(e) "telephone solicitor" means a person who makes or causes to be made a consumer telephone call[.];

(f) "political committee" shall have the same meaning as subdivision one of section 14-100 of the election law; and

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD06741-02-9

A. 5343--A 2

(g) "pre-recorded political message" shall mean a pre-recorded audio message delivered by telephone that is by:

i. a candidate or political committee; or

ii. any person when the content of the message expressly or implicitly advocates the success or defeat of any party, measure, or person at any election, or contains information about any candidate or party.

§ 2. Subdivisions 7, 8 and 9 of section 399-p of the general business law are renumbered subdivisions 8, 9 and 10 and a new subdivision 7 is added to read as follows:

7. (a) No person or political committee shall deliver or knowingly cause to be delivered using an automatic dialing-announcing device a pre-recorded political message unless a live operator provides, within the first thirty seconds of the message the following information:

i. the name of the candidate or of any organization or organizations the person is calling on behalf of; and

ii. the name of the person or organization paying for the delivery of the message and the name of the treasurer of any such committee.

(b) A copy of all such scripts and schedules of such calls shall be filed with the New York state board of elections pursuant to article fourteen of the election law within twenty-four hours of such calls being made.

(c) Any person or political committee operating an automatic dialingannouncing device or placing any consumer telephone calls or pre-recorded political messages shall register with the secretary of state as well as the New York state board of elections.

(d) The attorney general shall have the power to investigate violations of this subdivision. Such power shall also include the ability to subpoena records in furtherance of any such investigation.

(e) Violations of this subdivision shall be punishable by a civil fine not to exceed two thousand dollars per occurrence.

§ 3. This act shall take effect immediately.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.