senate Bill S451

2013-2014 Legislative Session

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

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Archive: Last Bill Status - In Committee


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

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to consumer protection
Jan 09, 2013 referred to consumer protection

S451 - Bill Details

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

S451 - Bill Texts

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

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BILL NUMBER:S451

TITLE OF BILL:
An act
to amend the general business law, in relation to the distribution of
circular advertisements

PURPOSE OR GENERAL IDEA OF THE BILL:
The purpose of this legislation
is to create a "Do Not Circulate Registry" regarding the delivery of
unsolicited advertising materials to consumers.

SUMMARY OF PROVISIONS:
Section 1 of the bill amends the general business law by adding a new
section 397-b to create a "Do Not Circulate Registry". The bill
creates a registry which shall contain a list of consumers who do not
wish to receive unsolicited circular deliveries and which is updated
quarterly. No advertisers may make or cause to be made any
unsolicited circular deliveries to any consumer whose information has
been posted to the registry. The department of state shall provide
notice to advertisers of the registry and all registry updates.
Persons who violate the law will be subject to a $200 to $400 fine
for a first offense, and for a second offense within 30 days be
liable to a fine of $500 to $1,000, and for a third and subsequent
offenses within 30 days be liable for a fine of $1,000 to $2,000.

Section 2 of the bill sets forth an effective date of one hundred and
twenty days after it shall have become law; provided, however, that
effective immediately, the addition, amendment and/or repeal of any
rule or regulation necessary for the implementation of this act on
its effective date are authorized and directed to be made and
completed on or before such effective date.

JUSTIFICATION:
On a daily basis consumers are bombarded with unwanted circular
advertisements, which are left strewn on their doorsteps, front lawns
and driveways.

For the same reasons which led to the creation of the "Do Not Call"
registry, the time has come to create a "Do Not Circulate" registry
whereby property owners choose to register their names and stop the
unwanted delivery of circular advertisements. Consumers will be able
place their names on a registry maintained by the Department of
State, which will be made available to advertisers. Advertisers will
then be prohibited from making any unsolicited circular deliveries to
any consumer who has placed their personal information on the registry.

The Department of State will maintain the registry and set forth the
means by which the registry will be updated and made available to
advertisers. In addition, the legislation will only prohibit the
delivery of unsolicited circulars and will not prohibit the delivery
of circulars requested by consumers or those that are delivered in
connection with an established business or customer relationship,
i.e., newspaper subscriptions.

LEGISLATIVE HISTORY:


2011-12: S.7179

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect one hundred and twenty days after it shall
have become law; provided, however, that effective immediately, the
addition, amendment and/or repeal of any rule or regulation necessary
for the implementation of this act on its effective date are
authorized and directed to be made and completed on or before such
effective date

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                    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.
                                                           LBD03403-01-3

S. 451                              2

  F.  "UNSOLICITED  CIRCULAR  DELIVERY" MEANS ANY DELIVERY OF A CIRCULAR
ADVERTISEMENT, BY AN ADVERTISER OR  EMPLOYEE  THEREOF,  TO  A  CONSUMER,
OTHER THAN A DELIVERY MADE:
  (I) IN RESPONSE TO AN EXPRESS WRITTEN OR VERBAL REQUEST OF THE CONSUM-
ER RECEIVING SUCH CIRCULAR; OR
  (II)  IN CONNECTION WITH AN ESTABLISHED BUSINESS OR CUSTOMER RELATION-
SHIP, WHICH HAS NOT BEEN TERMINATED BY EITHER PARTY, UNLESS SUCH CONSUM-
ER HAS STATED TO THE ADVERTISER THAT SUCH CONSUMER NO LONGER  WISHES  TO
RECEIVE THE CIRCULAR ADVERTISEMENTS OF SUCH ADVERTISER.
  G. "DEPARTMENT" SHALL MEAN THE DEPARTMENT OF STATE.
  2.  A.  THE DEPARTMENT SHALL ESTABLISH, MANAGE AND MAINTAIN A REGISTRY
WHICH SHALL CONTAIN A LIST OF CONSUMERS WHO DO NOT WISH TO RECEIVE UNSO-
LICITED CIRCULAR DELIVERIES.
  B. THE REGISTRY SHALL  BE  UPDATED  ON  A  QUARTERLY  BASIS,  OR  MORE
FREQUENTLY  AS  PRESCRIBED  BY  RULE. SUCH UPDATES SHALL BE MADE READILY
AVAILABLE TO ANY PROSPECTIVE ADVERTISER IN A MANNER TO BE PRESCRIBED  BY
THE DEPARTMENT.
  3. NO ADVERTISER MAY MAKE OR CAUSE TO BE MADE ANY UNSOLICITED CIRCULAR
DELIVERIES TO ANY CONSUMER WHEN THAT CONSUMER'S PERSONAL INFORMATION HAS
BEEN POSTED ON THE REGISTRY, ESTABLISHED PURSUANT TO THIS SECTION.
  4.  A.  THE DEPARTMENT SHALL PROVIDE NOTICE TO CONSUMERS OF THE ESTAB-
LISHMENT OF THE REGISTRY. ANY CONSUMER WHO WISHES TO BE INCLUDED ON SUCH
REGISTRY SHALL  NOTIFY  THE  SECRETARY  OF  STATE  IN  A  MANNER  TO  BE
PRESCRIBED BY THE DEPARTMENT.
  B.  THE  DEPARTMENT  SHALL PROVIDE NOTICE TO ADVERTISERS OF THE ESTAB-
LISHMENT OF THE REGISTRY, AS WELL AS PROVIDE SUCH ADVERTISER WITH INFOR-
MATION FOR OBTAINING ALL SCHEDULED REGISTRY UPDATES IN A  MANNER  TO  BE
PRESCRIBED BY THE DEPARTMENT.
  5.  ANY  PERSON WHO VIOLATES THIS SECTION SHALL: FOR A FIRST VIOLATION
THEREOF, BE LIABLE FOR A CIVIL PENALTY OF  NOT  LESS  THAN  TWO  HUNDRED
DOLLARS  AND NOT MORE THAN FOUR HUNDRED DOLLARS; FOR A SECOND VIOLATION,
BOTH VIOLATIONS WHICH WERE COMMITTED WITHIN A PERIOD OF THIRTY DAYS,  BE
LIABLE FOR A CIVIL PENALTY OF NOT LESS THAN FIVE HUNDRED DOLLARS AND NOT
MORE THAN ONE THOUSAND DOLLARS; AND FOR A THIRD OR SUBSEQUENT VIOLATION,
ALL  VIOLATIONS  WHICH WERE COMMITTED WITHIN A PERIOD OF THIRTY DAYS, BE
LIABLE FOR A CIVIL PENALTY OF NOT LESS THAN ONE THOUSAND DOLLARS AND NOT
MORE THAN TWO THOUSAND DOLLARS.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided, however, that effective immediate-
ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
necessary  for  the implementation of this act on its effective date are
authorized and directed to be made  and  completed  on  or  before  such
effective date.

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