Exempts realtors from the prohibition against placing unsolicited telemarketing sales calls during a state of emergency or disaster emergency; allows real estate brokers, associate real estate brokers, real estate salesmen, real estate saleswomen or office managers to knowingly make unsolicited telemarketing sales calls during a declared state of emergency or disaster emergency.
STATE OF NEW YORK
________________________________________________________________________
8246
2021-2022 Regular Sessions
IN ASSEMBLY
August 25, 2021
___________
Introduced by M. of A. GOODELL, WALCZYK -- read once and referred to the
Committee on Consumer Affairs and Protection
AN ACT to amend the general business law, in relation to exempting real-
tors from the prohibition against 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. 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. This subdivision shall not apply to
9 a real estate broker, associate real estate broker, real estate sales-
10 man, real estate saleswoman or office manager, as defined in section
11 four hundred forty of the real property law, unless the declared state
12 of emergency expressly prohibits such telemarketing sales calls.
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. This subdivision shall not apply to
20 a real estate broker, associate real estate broker, real estate sales-
21 man, real estate saleswoman or office manager, as defined in section
22 four hundred forty of the real property law, unless the declared state
23 of emergency expressly prohibits such telemarketing sales calls.
24 § 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11973-02-1
