Bill Text: NY A06756 | 2021-2022 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Exempts businesses and professional services from certain telemarketing restrictions during a state of emergency; allows such persons to make telemarking sales calls.

Spectrum: Bipartisan Bill

Status: (Introduced) 2021-05-20 - print number 6756a [A06756 Detail]

Download: New_York-2021-A06756-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          6756

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                     March 29, 2021
                                       ___________

        Introduced by M. of A. CUSICK -- read once and referred to the Committee
          on Consumer Affairs and Protection

        AN  ACT  to amend the general business law, in relation to telemarketing
          calls made by real estate licensees 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 twenty-four  or
     8  twenty-eight  of  the  executive  law;  provided, however, that a person
     9  shall not be held liable for violating this subdivision if the person is
    10  a licensed real estate broker, associate  real  estate  broker  or  real
    11  estate  salesperson  pursuant  to section four hundred forty of the real
    12  property law and is performing a licensed real estate activity.
    13    § 2. Paragraph f of subdivision 7 of section  399-pp  of  the  general
    14  business law, as added by chapter 680 of the laws of 2019, is amended to
    15  read as follows:
    16    f.  knowingly  make  an  unsolicited  telemarketing  sales call to any
    17  person in a county, city, town or village  under  a  declared  state  of
    18  emergency  or disaster emergency as described in sections twenty-four or
    19  twenty-eight of the executive law;  provided,  however,  that  a  person
    20  shall not be held liable for violating this paragraph if the person is a
    21  licensed real estate broker, associate real estate broker or real estate
    22  salesperson  pursuant to section four hundred forty of the real property
    23  law and is performing a licensed real estate activity.
    24    § 3. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10571-01-1
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