A06756 Summary:

BILL NOA06756A
 
SAME ASSAME AS S06967
 
SPONSORCusick
 
COSPNSRWalsh, Palmesano, Griffin, Simpson, Lupardo, Lawler, Lavine
 
MLTSPNSR
 
Amd §§399-z & 399-pp, Gen Bus L
 
Exempts businesses and professional services from certain telemarketing restrictions during a state of emergency; allows such persons to make telemarking sales calls.
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A06756 Actions:

BILL NOA06756A
 
03/29/2021referred to consumer affairs and protection
05/20/2021amend (t) and recommit to consumer affairs and protection
05/20/2021print number 6756a
01/05/2022referred to consumer affairs and protection
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A06756 Committee Votes:

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A06756 Floor Votes:

There are no votes for this bill in this legislative session.
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A06756 Memo:

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.
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A06756 Text:



 
                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
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