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Assembly Bill A8246

2021-2022 Legislative Session

Exempts realtors from the prohibition against placing unsolicited telemarketing sales calls during a state of emergency or disaster emergency

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Archive: Last Bill Status - In Assembly Committee

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2021-A8246 (ACTIVE) - Details

Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
General Business Law
Laws Affected:
Amd §§399-z & 399-pp, Gen Bus L

2021-A8246 (ACTIVE) - Summary

Exempts realtors from the prohibition against placing unsolicited telemarketing sales calls during a state of emergency or disaster emergency; allows real estate brokers, associate real estate brokers, real estate salesmen, real estate saleswomen or office managers to knowingly make unsolicited telemarketing sales calls during a declared state of emergency or disaster emergency.

2021-A8246 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8246
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              August 25, 2021
                                ___________
 
 Introduced by M. of A. GOODELL, WALCZYK -- read once and referred to the
   Committee on Consumer Affairs and Protection
 
 AN ACT to amend the general business law, in relation to exempting real-
   tors  from  the  prohibition against placing unsolicited telemarketing
   sales calls during a state of emergency or disaster 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.  THIS SUBDIVISION SHALL NOT APPLY TO
 A REAL ESTATE BROKER, ASSOCIATE REAL ESTATE BROKER, REAL  ESTATE  SALES-
 MAN,  REAL  ESTATE  SALESWOMAN  OR OFFICE MANAGER, AS DEFINED IN SECTION
 FOUR HUNDRED FORTY OF THE REAL PROPERTY LAW, UNLESS THE  DECLARED  STATE
 OF EMERGENCY EXPRESSLY PROHIBITS SUCH TELEMARKETING SALES CALLS.
   §  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.  THIS SUBDIVISION SHALL NOT APPLY TO
 A REAL ESTATE BROKER, ASSOCIATE REAL ESTATE BROKER, REAL  ESTATE  SALES-
 MAN,  REAL  ESTATE  SALESWOMAN  OR OFFICE MANAGER, AS DEFINED IN SECTION
 FOUR HUNDRED FORTY OF THE REAL PROPERTY LAW, UNLESS THE  DECLARED  STATE
 OF EMERGENCY EXPRESSLY PROHIBITS SUCH TELEMARKETING SALES CALLS.
   § 3. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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