New York State Assembly

 
•  Summary 
 
•  Actions 
 
•  Committee Votes 
 
•  Floor Votes 
 
•  Memo 
 
•  Text 
 
•  LFIN 
 
•  Chamber Video/Transcript 

A01250 Summary:

A01250 Actions:

A01250 Committee Votes:

Committee:CONSUMER AFFAIRS AND PROTECTION   Chair:Rozic      
DATE:05/06/2025AYE/NAY:16/0  Action: Favorable refer to committee Codes        
Rozic
Aye
Mikulin
Aye
Fall
Aye
Miller
Aye
Gallagher
Aye
Blumencranz
Aye
Rajkumar
Aye
Durso
Aye
Forrest
Aye
Bologna
Aye
Bores
Aye
Lee
Aye
Alvarez
Aye
Cunningham
Aye
Torres
Aye
Carroll
Aye

Committee:CODES   Chair:Dinowitz      
DATE:06/05/2025AYE/NAY:21/0  Action: Favorable refer to committee Rules        
Dinowitz
Aye
Morinello
Aye
Cook
Aye
Reilly
Aye
Lavine
Aye
Mikulin
Aye
Weprin
Aye
Tannousis
Aye
Hevesi
Aye
Angelino
Aye
Seawright
Aye
Molitor
Aye
Rosenthal
Aye
Walker
Aye
Vanel
Excused
Cruz
Aye
Epstein
Aye
Bores
Aye
Reyes
Aye
Lasher
Aye
Romero
Aye
Alvarez
Aye

Committee:RULES   Chair:Glick      
DATE:06/09/2025AYE/NAY:25/0  Action: Favorable         
Heastie
Excused
Barclay
Aye
Pretlow
Aye
Hawley
Aye
Cook
Aye
Blankenbush
Aye
Glick
Aye
Ra
Aye
Dinowitz
Aye
Brabenec
Aye
Colton
Aye
Palmesano
Aye
Magnarelli
Excused
Reilly
Excused
Paulin
Aye
Smith
Aye
Peoples-Stokes
Aye
Jensen
Aye
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Braunstein
Aye
Davila
Excused
Hyndman
Excused
Rozic
Aye
Bronson
Aye
Hevesi
Aye
Hunter
Aye
Taylor
Aye
Cruz
Aye
Vanel
Excused

A01250 Floor Votes:

A01250 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A1250
 
SPONSOR: Paulin

 
TITLE OF BILL:
 
An act to amend the general business law, in relation to prohibiting
unsolicited telemarketing sales calls during certain declared states of
emergency
 
 
PURPOSE:
 
To clarify that the prohibition on knowingly making an unsolicited tele-
marketing call applies only when the declaration of a state of emergency
includes a finding that .unsolicited calls would impair actions taken to
limit, control, or mitigate the emergency.
 
 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends section 399-z of the general business law
to clarify that the prohibition on knowingly making an, unsolicited.
telemarketing call applies only when the declaration of a state of emer-
gency includes a finding that unsolicited telemarketing calls would
impair actions taken to limit, control, or mitigate the emergency; Any
prohibition on unsolicited telemarketing calls is valid for a period of
two weeks and can be renewed for additional two-week periods upon
further findings that unsolicited telemarketing calls would impair
actions taken to limit, control, or mitigate the emergency.
 
Section 2 amends section 399-pp of the general business law to clarify
that the prohibition on knowingly making an unsolicited telemarketing
call applies only when the declaration of a state of emergency includes
a finding that unsolicited telemarketing calls would impair actions
taken to limit, control, or mitigate the emergency. Any prohibition on
unsolicited telemarketing calls is valid for a period of two weeks and
can be renewed for additional two-week periods upon further findings
that unsolicited telemarketing calls would impair actions taken to
limit, control, or mitigate the emergency.
 
Section 3 of the bill states the effective date.
 
 
JUSTIFICATION:
 
Currently, General Business Law Section 399-z (5-a) prohibits telemar-
keting calls from being made to New Yorkers who reside in locations
affected by a state of emergency declared by the Governor.  As a result,
this law has prohibited telemarketing from taking place anywhere in the
State since March 2020, because the Governor declared a statewide emer-
gency due to the Covid-19 pandemic as well as successive subsequent
statewide emergencies related to other matters.
 
When Subdivision (5-a) was enacted in 2019, it was intended to take a
targeted approach to restricting telemarketing activities during a
declared emergency, as traditionally, state of emergency disasters are
short term and geographically limited to areas that experience a public
emergency, such as a storm or public safety event, a civil disturbance
or terrorism-related activity. With respect to Covid-19 and the ensuing
gun violence emergency declaration, these states of emergency pronounce-
ments have encompassed the.entire state and have been longterm events.
 
An unforeseen consequence of this law is that an important tool utilized
by legitimate businesses to reach customers to help educate them regard-
ing products or services that may be valuable to their businesses,
employees or their own families, has been eliminated.  This bill would
correct the unanticipated consequences unleashed by the current law's
enactment by limiting the telemarketing prohibition to only emergency
declarations where it is determined that unsolicited telemarketing sales
calls would impair actions taken to limit, control, or mitigate the
emergency and explains the basis of such finding. In the event the State
determines telemarketing calls would impair such actions, this bill
would mandate such prohibition be in place for a period of two weeks.
 
The two-week review period allows businesses to move forward with their
normal business-related functions, including those encompassing telemar-
keting activities, in circumstances under which a declared state of
emergency extends beyond two weeks but problems or impairments from
unsolicited telemarketing calls have been resolved within a shortened "
period. This serves the binary goals of avoiding an unnecessary
disruption of essential business activities, while keeping a broader
state of emergency in place, if necessary.
 
 
LEGISLATIVE HISTORY:
 
A6680 of 2023 and 2024, passed assembly / S412 of 2023 and 2024,
referred to consumer protection
 
A.8662 (Cusick) of 2022, referred to consumer affairs and protection.
Same as S.7656, referred to consumer protection.
 
 
FISCAL IMPLICATIONS:
 
None to the state.
 
 
EFFECTIVE DATE:
This act shall take effect immediately.

A01250 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1250
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                     January 9, 2025
                                       ___________
 
        Introduced  by M. of A. PAULIN, WOERNER, LUPARDO, SIMPSON, WALSH, SIMON,
          STIRPE, BEEPHAN, BUTTENSCHON, OTIS, MILLER, McDONOUGH, LUNSFORD, McMA-
          HON, PIROZZOLO, LEMONDES, GALLAHAN, HAWLEY -- read once  and  referred
          to the Committee on Consumer Affairs and 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.
                                                                   LBD03732-01-5
        A. 1250                             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.