S T A T E O F N E W Y O R K
________________________________________________________________________
6967
2021-2022 Regular Sessions
I N S E N A T E
May 20, 2021
___________
Introduced by Sen. GAUGHRAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Consumer Protection
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.
LBD11607-02-1