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Assembly Bill A6756A

2021-2022 Legislative Session

Relates to telemarketing restrictions during a state of emergency

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

co-Sponsors

2021-A6756 - Details

See Senate Version of this Bill:
S6967
Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
General Business Law
Laws Affected:
Amd §§399-z & 399-pp, Gen Bus L

2021-A6756 - Summary

Exempts businesses and professional services from certain telemarketing restrictions during a state of emergency; allows such persons to make telemarking sales calls.

2021-A6756 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6756
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 29, 2021
                                ___________
 
 Introduced by M. of A. CUSICK -- read once and referred to the Committee
   on Consumer Affairs and Protection
 
 AN  ACT  to amend the general business law, in relation to telemarketing
   calls made by real estate licensees during a state of emergency
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.   Subdivision 5-a of section 399-z of the general business
 law, as added by chapter 680 of the laws of 2019, is amended to read  as
 follows:
   5-a.  It shall be unlawful for any telemarketer doing business in this
 state to knowingly make an unsolicited telemarketing sales call  to  any
 person  in  a  county,  city,  town or village under a declared state of
 emergency or disaster emergency as described in sections twenty-four  or
 twenty-eight  of  the  executive  law;  PROVIDED, HOWEVER, THAT A PERSON
 SHALL NOT BE HELD LIABLE FOR VIOLATING THIS SUBDIVISION IF THE PERSON IS
 A LICENSED REAL ESTATE BROKER, ASSOCIATE  REAL  ESTATE  BROKER  OR  REAL
 ESTATE  SALESPERSON  PURSUANT  TO SECTION FOUR HUNDRED FORTY OF THE REAL
 PROPERTY LAW AND IS PERFORMING A LICENSED REAL ESTATE ACTIVITY.
   § 2. Paragraph f of subdivision 7 of section  399-pp  of  the  general
 business law, as added by chapter 680 of the laws of 2019, is amended to
 read as follows:
   f.  knowingly  make  an  unsolicited  telemarketing  sales call to any
 person in a county, city, town or village  under  a  declared  state  of
 emergency  or disaster emergency as described in sections twenty-four or
 twenty-eight of the executive law;  PROVIDED,  HOWEVER,  THAT  A  PERSON
 SHALL NOT BE HELD LIABLE FOR VIOLATING THIS PARAGRAPH IF THE PERSON IS A
 LICENSED REAL ESTATE BROKER, ASSOCIATE REAL ESTATE BROKER OR REAL ESTATE
 SALESPERSON  PURSUANT TO SECTION FOUR HUNDRED FORTY OF THE REAL PROPERTY
 LAW AND IS PERFORMING A LICENSED REAL ESTATE ACTIVITY.
   § 3. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10571-01-1

co-Sponsors

2021-A6756A (ACTIVE) - Details

See Senate Version of this Bill:
S6967
Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
General Business Law
Laws Affected:
Amd §§399-z & 399-pp, Gen Bus L

2021-A6756A (ACTIVE) - Summary

Exempts businesses and professional services from certain telemarketing restrictions during a state of emergency; allows such persons to make telemarking sales calls.

2021-A6756A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6756--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 29, 2021
                                ___________
 
 Introduced  by  M.  of  A. CUSICK, WALSH, PALMESANO, GRIFFIN, SIMPSON --
   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 telemarketing
   calls during a state of emergency
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  5-a of section 399-z of the general business
 law, as added by chapter 680 of the laws of 2019, is amended to read  as
 follows:
   5-a.  It shall be unlawful for any telemarketer doing business in this
 state to knowingly make an unsolicited telemarketing sales call  to  any
 person  in  a  county,  city,  town or village under a declared state of
 emergency or disaster emergency as described in [sections] SECTION twen-
 ty-four or twenty-eight of the executive law;   PROVIDED, HOWEVER,  THAT
 THE  TELEMARKETING RESTRICTIONS PURSUANT TO THIS SECTION SHALL NOT APPLY
 TO ANY BUSINESS OR PROFESSIONAL SERVICE THAT HAS BEEN  DEEMED  ESSENTIAL
 BY AN EXECUTIVE ORDER.
   §  2.  Paragraph  f  of subdivision 7 of section 399-pp of the general
 business law, as added by chapter 680 of the laws of 2019, is amended to
 read as follows:
   f. knowingly make an  unsolicited  telemarketing  sales  call  to  any
 person  in  a  county,  city,  town or village under a declared state of
 emergency or disaster emergency as described in [sections] SECTION twen-
 ty-four or twenty-eight of the executive law;  PROVIDED,  HOWEVER,  THAT
 THE  TELEMARKETING RESTRICTIONS PURSUANT TO THIS SECTION SHALL NOT APPLY
 TO ANY BUSINESS OR PROFESSIONAL SERVICE THAT HAS BEEN  DEEMED  ESSENTIAL
 BY AN EXECUTIVE ORDER.
   § 3. This act shall take effect immediately.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10571-02-1

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