NY State Senate Bill 2019-S4020

Senate Bill S4020

Signed By Governor

2019-2020 Legislative Session

Prohibits telemarketers from knowingly placing unsolicited telemarketing sales calls during a state of emergency or disaster emergency

download bill text pdf

Archive: Last Bill Status Via A117 - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 18, 2019	signed chap.680
Dec 10, 2019	delivered to governor
Jun 20, 2019	returned to assembly passed senate 3rd reading cal.549 substituted for s4020a
Jun 20, 2019	substituted by a117a
Jun 14, 2019	amended on third reading (t) 4020a
May 06, 2019	advanced to third reading
May 01, 2019	2nd report cal.
Apr 30, 2019	1st report cal.549
Feb 25, 2019	referred to consumer protection

Votes

- Jun 20, 2019 - Floor Vote
  A117
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 20, 2019
      
      aye (62)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Antonacci
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hoylman-Sigal
      
      Jackson
      
      Jacobs
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      O'Mara
      
      Ortt
      
      Parker
      
      Persaud
      
      Ramos
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Seward
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
  Apr 30, 2019 - Consumer Protection Committee Vote
  S4020
  
  7
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Consumer Protection Committee Vote: Apr 30, 2019
      
      aye (7)
      
      Comrie
      
      Jacobs
      
      Kavanagh
      
      Myrie
      
      Ramos
      
      Tedisco
      
      Thomas

Bill Amendments

Original

A (Active)

2019-S4020 - Details

Law Section:: General Business Law
Laws Affected:: Amd §§399-z & 399-pp, Gen Bus L

2019-S4020 - Summary

Prohibits telemarketers from knowingly placing unsolicited telemarketing sales calls during a state of emergency or disaster emergency.

2019-S4020 - Sponsor Memo

                                
 
BILL NUMBER: S4020

SPONSOR: THOMAS
 
TITLE OF BILL:

An act to amend the general business law, in relation to prohibiting
telemarketers from placing unsolicited telemarketing sales calls during
a state of emergency or disaster emergency

 
PURPOSE OR GENERAL IDEA OF BILL:

To make unlawful for any telemarketer to knowingly make an unsolicited
telemarketing sales call during a declared state of emergency

 
SUMMARY OF PROVISIONS:

Section 1 amends section 399-z of the General Business Law by adding a
new subdivision 5-a that makes it unlawful for a telemarketer to make an
unsolicited sales call during a declared state of emergency.

Section 2 amends subdivision 7 of section 399-p of the General Business

Law to reiterate the prohibition in section one.

Section 3 sets the effective date.

 
JUSTIFICATION:

During periods of states of emergency caused by natural or other disas-
ters, it is important for residents to have open lines of communication
to the outside world. Especially in situations where a resident has no
power, these lines of communication should remain open so that the resi-
dent can receive emergency notifications as well as calls from family.
Restricting telemarketing sales calls during these times will ensure
that someone is not bothered by such calls thereby keeping them alert
and focused on the immediate situation and keeping the lines of communi-
cation open. It should be noted that this legislation only affects tele-
marketing sales calls, not automated calls from utility companies
providing information rather than sales pitches.

 
FISCAL IMPLICATIONS:

None

 
IMPACT ON REGULATION OF BUSINESSES AND INDIVIDUALS:

Minimal impact on businesses engaged in telemarketing.

 
IMPACT ON FINES, TERMS OF IMPRISONMENT AND OTHER PENAL SANCTIONS:

None.

 
LEGISLATIVE HISTORY:

2018: A.11087 (Buchwald) - Referred to Consumer Affairs and Protection

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S4020 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4020
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 25, 2019
                                ___________
 
 Introduced  by  Sen.  THOMAS -- 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
   telemarketers  from  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:
 
   Section  1.  Section  399-z  of the general business law is amended by
 adding a new subdivision 5-a to read as follows:
   5-A. IT SHALL BE UNLAWFUL FOR ANY TELEMARKETER DOING BUSINESS IN  THIS
 STATE  TO  KNOWINGLY MAKE AN UNSOLICITED TELEMARKETING SALES CALL TO ANY
 PERSON IN A COUNTY, CITY, TOWN OR VILLAGE  UNDER  A  DECLARED  STATE  OF
 EMERGENCY  OR DISASTER EMERGENCY AS DESCRIBED IN SECTIONS TWENTY-FOUR OR
 TWENTY-EIGHT OF THE EXECUTIVE LAW.
   § 2. Subdivision 7 of section 399-pp of the general  business  law  is
 amended by adding a new paragraph f to read as follows:
   F.  MAKE  AN  UNSOLICITED  TELEMARKETING SALES CALL TO ANY PERSON IN A
 COUNTY, CITY, TOWN OR VILLAGE UNDER A DECLARED  STATE  OF  EMERGENCY  OR
 DISASTER  EMERGENCY AS DESCRIBED IN SECTIONS TWENTY-FOUR OR TWENTY-EIGHT
 OF THE EXECUTIVE LAW.
   § 3. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01070-01-9

co-Sponsors

2019-S4020A (ACTIVE) - Details

Law Section:: General Business Law
Laws Affected:: Amd §§399-z & 399-pp, Gen Bus L

2019-S4020A (ACTIVE) - Summary

Prohibits telemarketers from knowingly placing unsolicited telemarketing sales calls during a state of emergency or disaster emergency.

2019-S4020A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4020A

SPONSOR: THOMAS
 
TITLE OF BILL:

An act to amend the general business law, in relation to prohibiting
telemarketers from knowingly placing unsolicited telemarketing sales
calls during a state of emergency or disaster emergency

 
PURPOSE OR GENERAL IDEA OF BILL:

To make unlawful for any telemarketer to knowingly make an unsolicited
telemarketing sales call during a declared state of emergency

 
SUMMARY OF PROVISIONS:

Section 1 amends section 399-z of the General Business Law by adding a
new subdivision 5-a that makes it unlawful for a telemarketer to know-
ingly make an unsolicited sales call during a declared state of emergen-
cy.

Section 2 amends subdivision 7 of section 399-p of the General Business
Law to reiterate the prohibition in section one.

Section 3 provides the effective date.

 
JUSTIFICATION:

During periods of states of emergency caused by natural or other disas-
ters, it is important for residents to have open lines of communication
to the outside world. Especially in situations where a resident has no
power, these lines of communication should remain open so that the resi-
dent can receive emergency notifications as well as calls from family.
Restricting telemarketing sales calls during these times will ensure
that someone is not bothered by such calls thereby keeping them alert
and focused on the immediate situation and keeping the lines of communi-
cation open. It should be noted that this legislation only affects tele-
marketing sales calls, not automated calls from utility companies
providing information rather than sales pitches.

 
FISCAL IMPLICATIONS:

None

 
IMPACT ON REGULATION OF BUSINESSES AND INDIVIDUALS:

Minimal impact on businesses engaged in telemarketing.

 
IMPACT ON FINES, TERMS OF IMPRISONMENT AND OTHER PENAL SANCTIONS:

None.

 
LEGISLATIVE HISTORY:

2018: A.11087 (Buchwald) - Referred to Consumer Affairs and Protection

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S4020A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4020--A
     Cal. No. 549
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 25, 2019
                                ___________
 
 Introduced  by  Sen.  THOMAS -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Consumer  Protection  --
   reported  favorably  from  said committee, ordered to first and second
   report, ordered to a third reading,  amended  and  ordered  reprinted,
   retaining its place in the order of third reading
 
 AN  ACT  to  amend  the general business law, in relation to prohibiting
   telemarketers from knowingly 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:
 
   Section 1. Section 399-z of the general business  law  is  amended  by
 adding a new subdivision 5-a to read as follows:
   5-A.  IT SHALL BE UNLAWFUL FOR ANY TELEMARKETER DOING BUSINESS IN THIS
 STATE TO KNOWINGLY MAKE AN UNSOLICITED TELEMARKETING SALES CALL  TO  ANY
 PERSON  IN  A  COUNTY,  CITY,  TOWN OR VILLAGE UNDER A DECLARED STATE OF
 EMERGENCY OR DISASTER EMERGENCY AS DESCRIBED IN SECTIONS TWENTY-FOUR  OR
 TWENTY-EIGHT OF THE EXECUTIVE LAW.
   §  2.  Subdivision  7 of section 399-pp of the general business law is
 amended by adding a new paragraph f to read as follows:
   F. KNOWINGLY MAKE AN  UNSOLICITED  TELEMARKETING  SALES  CALL  TO  ANY
 PERSON  IN  A  COUNTY,  CITY,  TOWN OR VILLAGE UNDER A DECLARED STATE OF
 EMERGENCY OR DISASTER EMERGENCY AS DESCRIBED IN SECTIONS TWENTY-FOUR  OR
 TWENTY-EIGHT OF THE EXECUTIVE LAW.
   § 3. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01070-03-9

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