What's happening
This bill requires pre-recorded political phone messages to disclose sponsor information, register with authorities, and file scripts, with penalties for violations.
Why it matters
Increases transparency and accountability. by requiring political committees and individuals to clearly identify themselves, their sponsors, and funding sources at the beginning of pre-recorded political calls, helping recipients understand who is behind political messaging.
Creates new oversight mechanisms. by mandating that scripts and call schedules for pre-recorded political messages be filed with the State Board of Elections within 24 hours, providing a paper trail for regulators, journalists, and watchdog groups to scrutinize.
Expands regulatory reach. by obligating anyone operating automatic dialing devices for political messaging to register with both the Secretary of State and the State Board of Elections, potentially deterring anonymous or untraceable political robocalls.
Introduces enforceable penalties. by empowering the Attorney General to investigate violations, subpoena records, and impose civil fines up to $2,000 per violation, signaling a significant increase in the potential consequences for noncompliance.
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Who cares
Headline styles
Regulate Robocall Political Messages
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to consumer protection
- Referred to consumer 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.
Regulate Political Robocalls
In Assembly Committee · Consumer Affairs And Protection · Sponsor Rebecca Seawright
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3981
2019-2020 Regular Sessions
IN SENATE
February 22, 2019
Introduced by Sens. KRUEGER, LIU -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection
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
(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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08596-01-9
S. 3981 2
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.
Sponsor's memo
Title of bill
An act to amend the general business law, in relation to pre-recorded political messages
Purpose of bill
This bill would require companies that are in the business of placing robocalls to ask via a live operator whether the consumer would like to listen to the pre-recorded message. In addition, the Attorney-General would be given jurisdiction to investigate companies in this business.
Summary of provisions of bill
A new subdivision 7 is added to the General Business law prohibiting a person or political committee from delivering via an automatic dialing- announcing device a pre-recorded political message unless a live opera- tor has first received the consent of the caller to actually listen to said message.
The bill references the definition of political committee contained within the election law as well as the definition of automatic dialing- announcing device currently in the GBL.
In addition, companies engaging in this business would be required to file a copy of any script as well as schedules with the New York State Board of Elections.
The State Attorney-General would also be given jurisdiction to investi- gate potential violations.
Justification
Telephone customers are receiving an ever increasing number of robocalls each year. The Federal Trade Commission now receives over 200,000 complaints about robocalls each month. However, neither federal or state law have adequate disclosure requirements regarding robocall initiators.
This bill would regulate the business of robocalls that many candidates rely upon but which many consumers loathe. Specifically, the bill would require companies to utilize a live operator to greet the consumer and ask if he or she would like to listen to the pre-recorded message. If the voter acquiesces then the caller would be connected to the message.
Currently, fourteen states have regulated the business of robocalls. In addition, state courts as well as federal courts have found statutes such as this to be constitutional so long as they are not overly broad.
Legislative history
2017-2018- S.5606 No Same As- died in Consumer Protection 2015-2016- S.2733 No Same As- died in Consumer Protection 2013-2014- S.4581 No Same As- died in Consumer Protection
Fiscal implications for state and local governments
None to the State or local municipalities.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.