senate Bill S451

2013-2014 Legislative Session

Relates to the distribution of circular advertisements; establishes the do not circulate registry

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Sponsored By

Archive: Last Bill Status -


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

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to consumer protection
Jan 09, 2013 referred to consumer protection

S451 - Details

Law Section:
General Business Law
Laws Affected:
Add ยง397-b, Gen Bus L
Versions Introduced in 2011-2012 Legislative Session:
S7179

S451 - Summary

Relates to the distribution of circular advertisements; establishes the do not circulate registry.

S451 - Sponsor Memo

S451 - Bill Text download pdf

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

                                   451

                       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  distrib-
  ution of circular advertisements

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

  Section 1. The general business law is amended by adding a new section
397-b to read as follows:
  S 397-B. DISTRIBUTION OF  CIRCULARS.  1.  FOR  THE  PURPOSES  OF  THIS
SECTION:
  A. "CONSUMER" SHALL MEAN ANY NATURAL PERSON WHO MAY BE REQUIRED TO PAY
FOR  OR TO EXCHANGE CONSIDERATION FOR GOODS AND SERVICES OFFERED THROUGH
CIRCULAR ADVERTISEMENTS.
  B. "CIRCULAR ADVERTISEMENT" SHALL MEAN ANY PAMPHLET, FORM, DOCUMENT OR
COMMERCIAL ADVERTISEMENT PRINTED ON ANY FORM OF  MEDIA,  INCLUDING,  BUT
NOT  LIMITED  TO  LEAFLETS,  LETTERS,  PAMPHLETS  AND  MENUS, THEREAFTER
DISTRIBUTED TO TWO OR MORE CONSUMERS THROUGH A PLAN, PROGRAM OR CAMPAIGN
CONDUCTED TO INDUCE PAYMENT OR THE EXCHANGE OF ANY  OTHER  CONSIDERATION
FOR  ANY  GOODS OR SERVICES, OR TO PROMOTE SOME PRODUCT OR SERVICE. THIS
DEFINITION SHALL NOT INCLUDE ADVERTISEMENTS DISTRIBUTED  BY  THE  UNITED
STATES  POSTAL  SERVICE  OR THOSE ADVERTISEMENTS REGULARLY INCLUDED WITH
ANY OTHER MEDIA SUBSCRIPTION, INCLUDING, BUT NOT LIMITED TO, NEWSPAPERS,
PERIODICALS AND MAGAZINES.
  C. "PERSON" SHALL MEAN ANY NATURAL PERSON,  ASSOCIATION,  PARTNERSHIP,
FIRM, CORPORATION OR OTHER BUSINESS ENTITY.
  D.  "ADVERTISER"  SHALL MEAN ANY NATURAL PERSON, ASSOCIATION, PARTNER-
SHIP, FIRM, CORPORATION OR OTHER BUSINESS ENTITY THAT DELIVERS  CIRCULAR
ADVERTISEMENTS TO A CONSUMER FOR A COMMERCIAL PURPOSE.
  E. "COMMERCIAL PURPOSE" SHALL MEAN HAVING THE GOAL OR END OF BUYING OR
SELLING OF A GOOD OR SERVICE FOR THE PURPOSE OF MAKING A PROFIT.

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

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