senate Bill S6897

2013-2014 Legislative Session

Enacts the "lawn litter law act"

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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
Mar 27, 2014 referred to consumer protection

S6897 - Bill Details

See Assembly Version of this Bill:
Current Committee:
Law Section:
General Business Law
Laws Affected:
Amd ยง397-a, Gen Bus L
Versions Introduced in Previous Legislative Sessions:
2011-2012: A200, S3893
2009-2010: A10273, A7862, S4973

S6897 - Bill Texts

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Enacts the "lawn litter law act"; relates to the rebuttable presumption regarding distributing unsolicited advertising on private property in cities with a population of one million or more.

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TITLE OF BILL: An act to amend the general business law, in relation
to enacting the "lawn litter law act"

PURPOSE OR GENERAL IDEA OF BILL: 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 $1,000 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
continue to be inundated.

This bill will make the owners and managers of restaurants and other
commercial establishments liable for dumping menus and advertising
fliers on private property. The bill will also go a long way in making
small businesses more responsive to community concerns.

As has been noted in many urban studies, quality of life issues such
as neighborhood cleanliness are important for neighborhood stability
which in turn keep communities safer, promote community pride and
prevent future crime and urban deterioration.

LEGISLATIVE HISTORY: 2013-2014 Assembly A02344 (Rozic) - Cities 2012
Assembly A00200 (Lancman) - Cities 2010 Assembly A10273 (Lancman) -
Cities 2009 Assembly A07862 (Weprin)- Cities


EFFECTIVE DATE: This act shall take effect immediately.

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


                            I N  S E N A T E

                             March 27, 2014

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  enacting  the
  "lawn litter law act"


  Section 1. This act shall be known and  may  be  cited  as  the  "lawn
litter law act".
  S  2.  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 3. This act shall take effect immediately.

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


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