Bill Text: NY S03368 | 2023-2024 | General Assembly | Introduced

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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: Slight Partisan Bill (Democrat 2-1)

Status: (Introduced - Dead) 2024-01-03 - REFERRED TO FINANCE [S03368 Detail]

Download: New_York-2023-S03368-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3368

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 31, 2023
                                       ___________

        Introduced  by Sens. SKOUFIS, ADDABBO -- read twice and ordered printed,
          and when printed to be committed to the Committee on Finance

        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
    22  number  of,  or  other  information regarding the origination of, a call
    23  made using a voice service. Such term includes  automatic  number  iden-
    24  tification services; and

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05510-01-3
        S. 3368                             2

     1    (d) "call-blocking service" means any service that (i) uses reasonable
     2  analytics  designed  to  identify  unwanted calls; and (ii) blocks calls
     3  identified by such analytics.
     4    2. Notwithstanding any other provision of law to the contrary, where a
     5  contract  that  includes  the  procurement  of  a voice service is to be
     6  awarded by a state agency, public authority or municipality, pursuant to
     7  a competitive bidding process or a request for  proposal  process,  such
     8  contract  shall require that any voice service furnished to the state or
     9  any of its political subdivisions shall include a call-blocking service.
    10    3. A voice service provider  that  provides  a  call-blocking  service
    11  pursuant  to  this section shall not be subject to any civil or criminal
    12  liability on the basis that such call-blocking service  blocked  a  call
    13  that was wanted or failed to block a call that was unwanted.
    14    §  2. This act shall take effect on the first of January next succeed-
    15  ing the date it shall have become a law.