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A00117 Summary:

BILL NOA00117A
 
SAME ASSAME AS S04020-A
 
SPONSORBuchwald
 
COSPNSRWeprin, Galef
 
MLTSPNSR
 
Amd §§399-z & 399-pp, Gen Bus L
 
Prohibits telemarketers from knowingly placing unsolicited telemarketing sales calls during a state of emergency or disaster emergency.
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A00117 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A117A
 
SPONSOR: Buchwald
  TITLE OF BILL: An act to amend the general business law, in relation to prohibiting telemarketers from knowingly placing unsolicited telemar- keting sales calls during a state of emergency or disaster emergency   PURPOSE OR GENERAL IDEA OF BILL: To make unlawful for any telemarketer to knowingly make an unsolicited telemarketing sales call during a declared state of emergency.   SUMMARY OF PROVISIONS: Section 1 amends section 399-z of the General Business Law by adding a new subdivision 5-a that makes it unlawful for a telemarketer to make an unsolicited sales call during a declared state of emergency. Section 2 amends subdivision 7 of section 399-p of the General Business Law to reiterate the prohibition in section one. Section 3 sets the effective date.   JUSTIFICATION: During periods of states of emergency caused by natural or other disasters, it is important for residents to have open lines of communication to the outside world. Especially in situations where a resident has no power, these lines of communication should remain open so that the resident can receive emergency notifications as well as calls from family. Restricting telemarketing sales calls during these times will ensure that someone is not bothered by such calls thereby keeping them alert and focused on the immediate situation and keeping the lines of communication open. It should be noted that this legislation only affects telemarketing sales calls, not automated calls from utility companies providing information rather than sales pitches.   FISCAL IMPLICATIONS: None.   IMPACT ON REGULATION OF BUSINESSES AND INDIVIDUALS: Minimal impact on businesses engaged in telemarketing. IMPACT ON FINES, TERMS OF IMPRISONMENT AND OTHER PENAL SANCTIONS: None.   LEGISLATIVE HISTORY: 2018: A.11087 (Buchwald) - Referred to Consumer Affairs and Protection   EFFECTIVE DATE: This act shall take effect immediately.   EXPLANATION OF THE AMENDMENT: The amendment adds the word "knowingly" to Section 2, line 10, of the legislative language.
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A00117 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         117--A
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 9, 2019
                                       ___________
 
        Introduced by M. of A. BUCHWALD -- read once and referred to the Commit-
          tee on Consumer Affairs and Protection -- reported and referred to the
          Committee  on  Codes  --  committee  discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee

        AN ACT to amend the general business law,  in  relation  to  prohibiting
          telemarketers  from  knowingly 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:
 
     1    Section  1.  Section  399-z  of the general business law is amended by
     2  adding a new subdivision 5-a to read as follows:
     3    5-a. It shall be unlawful for any telemarketer doing business in  this
     4  state  to  knowingly make an unsolicited telemarketing sales call to any
     5  person in a county, city, town or village  under  a  declared  state  of
     6  emergency  or disaster emergency as described in sections twenty-four or
     7  twenty-eight of the executive law.
     8    § 2. Subdivision 7 of section 399-pp of the general  business  law  is
     9  amended by adding a new paragraph f to read as follows:
    10    f.  knowingly  make  an  unsolicited  telemarketing  sales call to any
    11  person in a county, city, town or village  under  a  declared  state  of
    12  emergency  or disaster emergency as described in sections twenty-four or
    13  twenty-eight of the executive law.
    14    § 3. This act shall take effect immediately.
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01070-02-9
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