| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Jan 06, 2010 |
referred to consumer protection |
| Apr 27, 2009 |
referred to consumer protection |
Senate Bill S4973
2009-2010 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Consumer Protection Committee
Actions
2009-S4973 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A10273
- Current Committee:
- Senate Consumer Protection
- Law Section:
- General Business Law
- Laws Affected:
- Amd ยง397-a, Gen Bus L
- Versions Introduced in Other Legislative Sessions:
-
2011-2012:
S3893, A200
2013-2014: S6897, A2344
2015-2016: S1128, A246
2017-2018: S1892, A1336
2019-2020: S3618, A3787
2021-2022: S4212
2009-S4973 (ACTIVE) - Sponsor Memo
BILL NUMBER: S4973
TITLE OF BILL : An act to amend the general business law, in
relation to distributing unsolicited advertising on private property
in cities with a population of one million or more
PURPOSE : The subject legislation amends Section 397-a of the
General Business Law to delete the necessity of lawn litter being
placed on two or more premises to constitute a violation of this
section.
SUMMARY OF PROVISIONS : Each violation of the General Business Law,
Section 397-a shall be returnable to the environmental control board
and a civil penalty of not less than $250 nor more than $100 shall be
imposed for each violation. Any civil penalties collected shall be
paid into the general fund of the City.
In addition, any person who has material placed on his or her property
on three separate occasions by the same person may bring an action in
a court competent jurisdiction to enjoin such practice, an action for
damages or $500 whichever is greater, or both.
JUSTIFICATION : New York City residents are being deluged with
unwanted advertisement and solicitations callously dumped on their
doorsteps, in their lobbies and in their vestibules, despite signs
that they don't want these items placed on their property, residents
2009-S4973 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
S. 4973 A. 7862
2009-2010 Regular Sessions
S E N A T E - A S S E M B L Y
April 27, 2009
___________
IN SENATE -- Introduced by Sen. PADAVAN -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Consumer
Protection
IN ASSEMBLY -- Introduced by M. of A. WEPRIN, LANCMAN -- read once and
referred to the Committee on Consumer Affairs and Protection
AN ACT to amend the general business law, in relation to distributing
unsolicited advertising on private property in cities with a popu-
lation 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.
LBD11503-01-9
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