senate Bill S2746A

Establishes registry in New York city for residents who do not want circulars or other printed material or samples of a commercial nature left at residence

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 23 / Jan / 2013
    • REFERRED TO CITIES
  • 27 / Mar / 2013
    • AMEND AND RECOMMIT TO CITIES
  • 27 / Mar / 2013
    • PRINT NUMBER 2746A
  • 30 / May / 2013
    • 1ST REPORT CAL.925
  • 03 / Jun / 2013
    • 2ND REPORT CAL.
  • 04 / Jun / 2013
    • ADVANCED TO THIRD READING
  • 21 / Jun / 2013
    • COMMITTED TO RULES
  • 08 / Jan / 2014
    • REFERRED TO CITIES
  • 06 / May / 2014
    • 1ST REPORT CAL.540
  • 07 / May / 2014
    • 2ND REPORT CAL.
  • 12 / May / 2014
    • ADVANCED TO THIRD READING
  • 20 / Jun / 2014
    • COMMITTED TO RULES

Summary

Establishes registry in New York City for residents who do not want circulars or other printed material or samples of a commercial nature left at residence.

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Bill Details

See Assembly Version of this Bill:
A7850
Versions:
S2746
S2746A
Legislative Cycle:
2013-2014
Current Committee:
Senate Rules
Law Section:
New York City Administrative Code
Laws Affected:
Add ยง10-121.2, NYC Ad Cd
Versions Introduced in Previous Legislative Cycles:
2011-2012: S2183, S2183
2009-2010: S2115, S2115

Votes

6
0
6
Aye
0
Nay
0
aye with reservations
0
absent
0
excused
0
abstained
show Cities committee vote details

Sponsor Memo

BILL NUMBER:S2746A

TITLE OF BILL: An act to amend the administrative code of the city of
New York, in relation to the regulation of unsolicited circulars

PURPOSE:

To reduce litter and improve the quality of life for New York City
residents, they may opt-out of receiving handbills, circulars and
other printed materials that are of a commercial or business nature.

SUMMARY OF PROVISIONS:

Section one of the bill amends the Administrative Code of the City of
New York by adding new section 10-212.2.

Subsection 1 requires the Commissioner of the City of New York
Department of Sanitation to establish a city-wide directory for
residents who wish to opt-out of receiving handbills, circulars and
other printed materials that are of a commercial or business nature
other than a telephone directory or a book that provides telephone and
directory information.

Subsection 2 requires all distributors of opt-out of receiving
handbills, circulars and other printed materials that are of a
commercial or business nature to provide the Commissioner with
accurate contact information. Every six weeks, the Commissioner will
provide the distributors with a list of residents who do not want
distributions. Distributors have six weeks to update their
distribution lists and discontinue distribution.

Subsection 3 provides penalties for violations. The penalty for the
first violation is a fine in an amount between $100 and $250. The
penalty for each subsequent violation is an amount between $250 and
$500.

Subsection 4 defines the term "Commissioner".

Subsection 5 provides that if any part of new section 10-212.2 is
declared to be unconstitutional, the remainder of the section shall
not be affected by such a declaration.

Section two of the bill requires the Commissioner to promulgate
regulations necessary to carry out the provisions of this section.

Section three of the bill provides that this act shall take effect
immediately.

EXISTING LAW:

New Law

JUSTIFICATION:

Circulars are helpful to some, but a menace and unsightly to others,
creating inconvenience and work in having to clean up afterwards.
Irrespective of how circulars are viewed by individuals, all circulars


have one thing in common: they are provided without the consent of the
people receiving them- The purpose of this bill is to create a system
that allows individuals to refuse to receive the circulars; in this
sense, the new system is similar to the current system that allows
individuals to refuse to receive marketing calls.

LEGISLATIVE HISTORY:

2011-2: S.2183 - Referred to Cities both years
2009-10: S.2115 - Referred to Cities both years
2007-8: S.5782 - Referred to Cities

FISCAL IMPLICATIONS:

None to the State EFFECTIVE DATE:

This act shall take immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2746--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 23, 2013
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Cities  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend  the  administrative code of the city of New York, in
  relation to the regulation of unsolicited circulars

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. The administrative code of the city of New York is amended
by adding a new section 10-121.2 to read as follows:
  S 10-121.2 REGULATION OF UNSOLICITED CIRCULARS. A. IN THE INTEREST  OF
FURTHER  ELIMINATING  LITTER  AND IMPROVING THE QUALITY OF LIFE FOR CITY
RESIDENTS, THE COMMISSIONER SHALL  ESTABLISH  A  CITYWIDE  REGISTRY  FOR
RESIDENTS  WHO  WISH TO REFUSE THE DELIVERY OF ANY HANDBILL, CIRCULAR OR
OTHER PRINTED MATTER OF A COMMERCIAL OR BUSINESS  NATURE  OTHER  THAN  A
TELEPHONE DIRECTORY OR BOOK THAT PROVIDES TELEPHONE AND DIRECTORY INFOR-
MATION  TO THEIR RESIDENCE. THE COMMISSIONER SHALL ENTER THE NAME OF THE
REQUESTING RESIDENT IN SUCH REGISTRY. SUCH REQUESTS  SHALL  BE  MADE  IN
WRITING  TO THE COMMISSIONER, BY PHONE AT A DESIGNATED NUMBER OR NUMBERS
OR BY ELECTRONIC COMMUNICATION AT A DESIGNATED ELECTRONIC  MAIL  ADDRESS
OR WEBSITE.
  B.  IN  ORDER TO CONTINUE DISTRIBUTION IN NEW YORK CITY, ALL DISTRIBU-
TORS OF SUCH HANDBILLS, CIRCULARS OR OTHER  LIKE  PRINTED  MATTER  SHALL
PROVIDE THE COMMISSIONER WITH ACCURATE CONTACT INFORMATION, INCLUDING AN
ADDRESS  AND PHONE NUMBER.  FAILURE TO PROVIDE ACCURATE CONTACT INFORMA-
TION OR DISCONTINUE DISTRIBUTION SHALL CONSTITUTE  A  VIOLATION  OF  THE
PROVISIONS  OF  THIS  SECTION AND SHALL SUBJECT THE VIOLATOR TO FINES AS
PROVIDED IN SUBDIVISION  C  OF  THIS  SECTION.  IF  THE  DISTRIBUTOR  IN
VIOLATION  CANNOT  BE LOCATED, THE COMPANY OR COMPANIES DOING THE ADVER-
TISING WILL BE SUBJECT TO THE SAME FINES.  EVERY SIX WEEKS  THE  COMMIS-
SIONER  SHALL PROVIDE DISTRIBUTORS WITH AN UPDATED LIST OF ALL RESIDENTS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07390-02-3

S. 2746--A                          2

WHO DO NOT WANT DISTRIBUTION.   DISTRIBUTORS  THEN  HAVE  SIX  WEEKS  TO
UPDATE THEIR LISTS AND DISCONTINUE DISTRIBUTION.
  C.  VIOLATORS  OF THE PROVISIONS OF THIS SECTION SHALL BE SUBJECT TO A
CIVIL PENALTY OF NOT LESS THAN ONE HUNDRED DOLLARS AND NOT MORE THAN TWO
HUNDRED FIFTY DOLLARS FOR A FIRST VIOLATION. THE CIVIL PENALTY SHALL  BE
NOT  LESS  THAN TWO HUNDRED FIFTY DOLLARS AND NOT MORE THAN FIVE HUNDRED
DOLLARS FOR A SECOND VIOLATION AND EACH VIOLATION THEREAFTER.
  D. FOR THE PURPOSES OF THIS SECTION,  "COMMISSIONER"  SHALL  MEAN  THE
COMMISSIONER OF THE CITY OF NEW YORK DEPARTMENT OF SANITATION.
  E.  IF ANY CLAUSE, SENTENCE OR PROVISION OF THIS SECTION SHALL BE HELD
TO BE UNCONSTITUTIONAL BY A COURT OF COMPETENT JURISDICTION, THE REMAIN-
DER OF THIS SECTION SHALL NOT BE AFFECTED THEREBY.
  S 2. The commissioner of the sanitation department of the city of  New
York  shall  promulgate rules and regulations necessary to carry out the
provisions of section 10-121.2 of the administrative code of the city of
New York.
  S 3. This act shall take effect immediately.

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