Bill Text: NY S00412 | 2023-2024 | General Assembly | Introduced

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Bill Title: Prohibits unsolicited telemarketing sales calls during a declared state of emergency or disaster emergency where the declaration or proclamation of emergency includes a finding that unsolicited telemarketing sales calls would impair actions taken to limit, control, or mitigate the emergency; explains the basis of such finding; provides that such prohibition may not extend for a period of more than two weeks, subject to renewal for additional two-week periods by further findings of necessity made at the end of each two-week period.

Spectrum: Bipartisan Bill

Status: (Introduced) 2024-01-03 - REFERRED TO CONSUMER PROTECTION [S00412 Detail]

Download: New_York-2023-S00412-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           412

                               2023-2024 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 4, 2023
                                       ___________

        Introduced  by  Sens. THOMAS, ADDABBO, PALUMBO, SANDERS, SKOUFIS -- read
          twice and ordered printed, and when printed to  be  committed  to  the
          Committee on Consumer Protection

        AN  ACT  to  amend  the general business law, in relation to prohibiting
          unsolicited telemarketing sales calls during certain  declared  states
          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  this prohibition shall apply only where the declaration or  proclamation
    10  of  emergency  includes  a  finding that unsolicited telemarketing sales
    11  calls would impair actions taken to  limit,  control,  or  mitigate  the
    12  emergency  and  explains the basis of such finding; and provided further
    13  that such prohibition may not extend for  a  period  of  more  than  two
    14  weeks,  subject  to  renewal  for additional two-week periods by further
    15  findings of necessity made at the end of each two-week period.
    16    § 2. Paragraph f of subdivision 7 of section  399-pp  of  the  general
    17  business law, as added by chapter 680 of the laws of 2019, is amended to
    18  read as follows:
    19    f.  knowingly  make  an  unsolicited  telemarketing  sales call to any
    20  person in a county, city, town or village  under  a  declared  state  of
    21  emergency or disaster emergency as described in [sections] section twen-
    22  ty-four  or  twenty-eight  of the executive law; provided, however, that

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01899-01-3
        S. 412                              2

     1  this prohibition shall apply only where the declaration or  proclamation
     2  of  emergency  includes  a  finding that unsolicited telemarketing sales
     3  calls would impair actions taken to  limit,  control,  or  mitigate  the
     4  emergency  and  explains the basis of such finding; and provided further
     5  that such prohibition may not extend for  a  period  of  more  than  two
     6  weeks,  subject  to  renewal  for additional two-week periods by further
     7  findings of necessity made at the end of each two-week period.
     8    § 3. This act shall take effect immediately.