NY State Senate Bill 2017-S1276

Senate Bill S1276

2017-2018 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to consumer protection
Jan 09, 2017	referred to consumer protection

2017-S1276 (ACTIVE) - Details

Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add §397-b, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S7179
2013-2014: S451
2015-2016: S896

2017-S1276 (ACTIVE) - Summary

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

2017-S1276 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1276

 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 is 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 :

2015-16: S.896
2013-14: S.451
2011-12: S.7179

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect on the one hundred and twentieth day 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.

2017-S1276 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1276
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2017
                                ___________
 
 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:
   § 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.
                                                            LBD00618-01-7

 S. 1276                             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.
   § 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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