Exempts businesses and professional services from certain telemarketing restrictions during a state of emergency; allows such persons to make telemarking sales calls.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6756A
SPONSOR: Cusick TITLE OF BILL:
An act to amend the general business law, in relation to telemarketing
calls during a state of emergency
SUMMARY OF PROVISIONS:
Section one adds a new subdivision 5-b to section 399-z of the general
business law to clarify that any business or professional service deemed
essential by an executive order may continue certain business activities
during a state of emergency including telemarketing sales calls.
Section two adds a new subparagraph 1 to subdivision 7, paragraph f of
section 399-pp of the general business law to clarify that any business
or professional service deemed essential by an executive order may
continue certain business activities during a state of emergency includ-
ing telemarketing sales calls.
Section three sets forth an effective date of immediately.
JUSTIFICATION:
This legislation will allow any business or professional service deemed
essential by an executive order with the opportunity to provide services
and information to the public that are normally provided while not with-
in a state of emergency.
For example, during the COVID-19 pandemic, New York State recognized the
importance of a vibrant and open real estate market and as such, real
estate was classified as an essential activity early on. Yet the pandem-
ic has presented New Yorkers seeking to buy or sell real estate with
many challenges. Among those are current restrictions in place on licen-
sees' abilities to communicate with potential clients. Current law
diminishes New York's real estate licensee's ability to fully service
their buyer clients in their search for a home as the licensee cannot
contact current homeowners that may be willing to consider selling their
property. Absent the pandemic, real estate licensees would also be able
to market properties to potential buyers. Allowing licensees to communi-
cate with potential sellers will also result in more housing inventory
on the market, which is severely lacking right now.
LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
6756--A
2021-2022 Regular Sessions
IN ASSEMBLY
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:
1 Section 1. Subdivision 5-a of section 399-z of the general business
2 law, as added by chapter 680 of the laws of 2019, is amended to read as
3 follows:
4 5-a. It shall be unlawful for any telemarketer doing business in this
5 state to knowingly make an unsolicited telemarketing sales call to any
6 person in a county, city, town or village under a declared state of
7 emergency or disaster emergency as described in [sections] section twen-
8 ty-four or twenty-eight of the executive law; provided, however, that
9 the telemarketing restrictions pursuant to this section shall not apply
10 to any business or professional service that has been deemed essential
11 by an executive order.
12 § 2. Paragraph f of subdivision 7 of section 399-pp of the general
13 business law, as added by chapter 680 of the laws of 2019, is amended to
14 read as follows:
15 f. knowingly make an unsolicited telemarketing sales call to any
16 person in a county, city, town or village under a declared state of
17 emergency or disaster emergency as described in [sections] section twen-
18 ty-four or twenty-eight of the executive law; provided, however, that
19 the telemarketing restrictions pursuant to this section shall not apply
20 to any business or professional service that has been deemed essential
21 by an executive order.
22 § 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
