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.
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