Bill Text: NY A00590 | 2021-2022 | General Assembly | Amended

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Bill Title: 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.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2022-05-10 - print number 590b [A00590 Detail]

Download: New_York-2021-A00590-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         590--B

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                       (Prefiled)

                                     January 6, 2021
                                       ___________

        Introduced  by  M. of A. STECK, BLANKENBUSH, BUTTENSCHON, BYRNE, COLTON,
          CRUZ, DeSTEFANO, DINOWITZ,  ENGLEBRIGHT,  FRONTUS,  GALEF,  GOTTFRIED,
          GRIFFIN,  HAWLEY, HYNDMAN, MANKTELOW, McDONOUGH, MONTESANO, MORINELLO,
          NORRIS, RA, REYES, ROZIC, SALKA, SANTABARBARA, SAYEGH, SIMON, SMULLEN,
          STIRPE, WALCZYK, WALSH, WEPRIN  --  read  once  and  referred  to  the
          Committee  on  Governmental  Operations  -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee  --  recommitted  to  the  Committee on Governmental Operations in
          accordance with Assembly Rule 3, sec. 2 -- committee discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee

        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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04063-04-2
        A. 590--B                           2

     1  permits out-bound calling, whether or not such  service  is  one-way  or
     2  two-way voice over internet protocol;
     3    (b)  "caller identification information" means information provided to
     4  an end user by a caller identification service regarding  the  telephone
     5  number  of,  or  other  information regarding the origination of, a call
     6  made using a voice service;
     7    (c) "caller  identification  service"  means  any  service  or  device
     8  designed to provide the user of the service or device with the telephone
     9  number  of,  or  other  information regarding the origination of, a call
    10  made using a voice service. Such term includes  automatic  number  iden-
    11  tification services; and
    12    (d) "call-blocking service" means any service that (i) uses reasonable
    13  analytics  designed  to  identify  unwanted calls; and (ii) blocks calls
    14  identified by such analytics.
    15    2. Notwithstanding any other provision of law to the contrary, where a
    16  contract that includes the procurement of  a  voice  service  is  to  be
    17  awarded by a state agency, public authority or municipality, pursuant to
    18  a  competitive  bidding  process or a request for proposal process, such
    19  contract shall require that any voice service furnished to the state  or
    20  any of its political subdivisions shall include a call-blocking service.
    21    3.  A  voice  service  provider  that provides a call-blocking service
    22  pursuant to this section shall not be subject to any civil  or  criminal
    23  liability  on  the  basis that such call-blocking service blocked a call
    24  that was wanted or failed to block a call that was unwanted.
    25    § 2. This act shall take effect on the first of January next  succeed-
    26  ing the date it shall have become a law.