senate Bill S458

Relates to the rebuttable presumption relating to identifying information on an unsolicited advertisement in cities with a population of one million or more

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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

  • 09 / Jan / 2013
    • REFERRED TO CONSUMER PROTECTION
  • 08 / Jan / 2014
    • REFERRED TO CONSUMER PROTECTION

Summary

Relates to the rebuttable presumption relating to identifying information on an unsolicited advertisement in cities with a population of one million or more; provides that such presumption shall apply if the advertising materials are placed at any one premise.

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Bill Details

See Assembly Version of this Bill:
A9136
Versions:
S458
Legislative Cycle:
2013-2014
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Amd ยง397-a, Gen Bus L
Versions Introduced in 2011-2012 Legislative Cycle:
S7195, S7195

Sponsor Memo

BILL NUMBER:S458

TITLE OF BILL:

An act
to amend the general business law, in relation to the rebuttable
presumption relating to identifying information on an unsolicited
advertisement in cities with a population of one million or more

PURPOSE OR GENERAL IDEA OF THE BILL:

The purpose of this legislation
is amend the "lawn litter law" rebuttable presumption provisions
which require that advertising materials be placed at "two or more
premises".

SUMMARY OF PROVISIONS:

Section 1 of the bill amends subdivision 3 or section 397-a of the
general business law, as amended by chapter 3 of the laws of 2008, to
repeal certain provisions of the "rebuttable presumption" section
that require advertising materials to be placed at "two or more
premises" for the presumption to be applicable.

Section 2 of the bill sets forth an immediate effective date.

JUSTIFICATION:

Under the current "lawn litter law", a rebuttable presumption of
liability is imposed on those persons whose name, telephone number or
other identifying information appears on any unsolicited advertising
materials that have been placed at two or more premises.

The New York City Department of Sanitation has stated that it cannot
enforce the law on the basis of a property owner's affidavit of
receiving unsolicited materials unless there are affidavits which
show that such materials were placed at two or more premises as
required by the law in order to trigger the "rebuttable presumption"
provision.

The requirement that such materials be "placed at two or more
premises" serves no legitimate purpose in triggering the "rebuttable
presumption" of liability for persons who place unsolicited
advertising materials on private property.

If a property owner has received unsolicited materials they should be
allowed to seek protection of the "lawn litter law" and its
rebuttable presumption provisions without first having to prove that
such materials were placed at more than one location.

LEGISLATIVE HISTORY:

2011-12: S.7195

FISCAL IMPLICATIONS:


None.

EFFECTIVE DATE:

This act shall take effect immediately.

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

                                   458

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  AVELLA -- 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 the  rebuttable
  presumption  relating  to  identifying  information  on an unsolicited
  advertisement in cities with a population of one million or more

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

  Section 1. Subdivision 3 of section 397-a of the general business law,
as  amended  by  chapter  3  of  the laws of 2008, is amended to read as
follows:
  3. There shall be a rebuttable presumption that the person whose name,
telephone number, or other identifying information appears on any  unso-
licited  advertising  materials  described  in  subdivision  one of this
section [and placed at two or more premises] shall  be  liable  for  any
violations of this section.
  S 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03407-01-3

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