Bill Text: NY S01826 | 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: Partisan Bill (Democrat 2-0)

Status: (Engrossed - Dead) 2022-05-23 - referred to governmental operations [S01826 Detail]

Download: New_York-2021-S01826-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         1826--B
            Cal. No. 248

                               2021-2022 Regular Sessions

                    IN SENATE

                                    January 16, 2021
                                       ___________

        Introduced  by Sens. SKOUFIS, ADDABBO -- read twice and ordered printed,
          and when printed to be  committed  to  the  Committee  on  Finance  --
          committee  discharged  and  said  bill  committed  to the Committee on
          Procurement and Contracts -- reported favorably from  said  committee,
          ordered  to first report, amended on first report, ordered to a second
          report and ordered reprinted, retaining its  place  in  the  order  of
          second  report  --  recommitted  to  the  Committee on Procurement and
          Contracts in accordance with Senate Rule 6, sec. 8 -- reported favora-
          bly from said committee, ordered to first and second  report,  ordered
          to  a  third  reading, passed by Senate and delivered to the Assembly,
          recalled, vote reconsidered, restored to third  reading,  amended  and
          ordered reprinted, retaining its place in the order of third reading

        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.
                                                                   LBD04063-05-2
        S. 1826--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.