Establishes registry in New York City for residents who do not want circulars or other printed material or samples of a commercial nature left at residence.

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S2746-2013 Actions

• Mar 27, 2013: PRINT NUMBER 2746A
• Mar 27, 2013: PRINT NUMBER 2746
• Mar 27, 2013: AMEND AND RECOMMIT TO CITIES
• Jan 23, 2013: REFERRED TO CITIES

S2746-2013 Memo

BILL NUMBER:S2746

TITLE OF BILL:  An act to amend the administrative code of the city of
New York, in relation to the regulation of unsolicited circulars

PURPOSE:  To reduce litter and improve the quality of life for New York
City residents, they may opt-out of receiving handbills, circulars and
other printed materials that axe of a commercial or business nature.

SUMMARY OF PROVISIONS:

Section one amends the Administrative Code of the City of New York by
adding new section 10-212.2.

Subsection 1 requires the Commissioner of the City of New York Depart-
ment of Sanitation to establish a city-wide directory for residents who
wish to opt-out of receiving handbills, circulars and other printed
materials that are of a commercial or business nature.

Subsection 2 requires all distributors of opt-out of receiving hand-
bills, circulars and other printed materials that are of a commercial or
business nature to provide the Commissioner with accurate contact infor-
mation. Every six weeks, the Commissioner will provide the distributors
with a list of residents who do not want distributions. Distributors
have six weeks to update their distribution lists and discontinue
distribution.

Subsection 3 provides penalties for violations. The penalty for the
first violation is a fine in an amount between $100 and $250. The penal-
ty for each subsequent violation is an amount between $250 and $500.

Subsection 4 defines the term "Commissioner."

Subsection 5 is the savings clause.

Section two requires the Commissioner to promulgate regulations neces-
sary to carry out the provisions of this section

Section three provides that this act shall take effect immediately.

EXISTING LAW:  New Law

JUSTIFICATION:  Circulars are helpful to some, but a menace and unsight-
ly to others, creating inconvenience and work in having to clean up
afterwards.  Irrespective of how circulars are viewed by individuals,
all circulars have one thing in common: they are provided without the
consent of the people receiving them. The purpose of this bill is to
create a system that allows individuals to refuse to receive the circu-
lars; in this sense, the new system is similar to the current system
that allows individuals to refuse to receive marketing calls.

LEGISLATIVE HISTORY:  2011-2: S.2183 - Referred to Cities both years
2009-10: S.2115 - Referred to Cities both years 2007-8: S.5782 -
Referred to Cities

FISCAL IMPLICATIONS:  None to the State

EFFECTIVE DATE:  This act shall take immediately.

S2746-2013 Text

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

                                    2746

                         2013-2014 Regular Sessions

                              I N  SENATE

                              January 23, 2013
                                 ___________

  Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
    printed to be committed to the Committee on Cities

  AN ACT to amend the administrative code of the  city  of  New  York,  in
    relation to the regulation of unsolicited circulars

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


    Section 1. The administrative code of the city of New York is  amended
  by adding a new section 10-121.2 to read as follows:

    S  10-121.2 REGULATION OF UNSOLICITED CIRCULARS. A. IN THE INTEREST OF
  FURTHER ELIMINATING LITTER AND IMPROVING THE QUALITY OF  LIFE  FOR  CITY
  RESIDENTS,  THE  COMMISSIONER  SHALL  ESTABLISH  A CITYWIDE REGISTRY FOR
  RESIDENTS WHO WISH TO REFUSE THE DELIVERY OF ANY HANDBILL,  CIRCULAR  OR
  OTHER  PRINTED  MATTER OF A COMMERCIAL OR BUSINESS NATURE TO THEIR RESI-
  DENCE. THE COMMISSIONER SHALL ENTER THE NAME OF THE REQUESTING  RESIDENT
  IN  SUCH REGISTRY. SUCH REQUESTS SHALL BE MADE IN WRITING TO THE COMMIS-
  SIONER, BY PHONE AT A DESIGNATED NUMBER  OR  NUMBERS  OR  BY  ELECTRONIC
  COMMUNICATION AT A DESIGNATED ELECTRONIC MAIL ADDRESS OR WEBSITE.
    B.  IN  ORDER TO CONTINUE DISTRIBUTION IN NEW YORK CITY, ALL DISTRIBU-
  TORS OF SUCH HANDBILLS, CIRCULARS OR OTHER  LIKE  PRINTED  MATTER  SHALL
  PROVIDE THE COMMISSIONER WITH ACCURATE CONTACT INFORMATION, INCLUDING AN
  ADDRESS  AND PHONE NUMBER.  FAILURE TO PROVIDE ACCURATE CONTACT INFORMA-
  TION OR DISCONTINUE DISTRIBUTION SHALL CONSTITUTE  A  VIOLATION  OF  THE
  PROVISIONS  OF  THIS  SECTION AND SHALL SUBJECT THE VIOLATOR TO FINES AS
  PROVIDED IN SUBDIVISION  C  OF  THIS  SECTION.  IF  THE  DISTRIBUTOR  IN
  VIOLATION  CANNOT  BE LOCATED, THE COMPANY OR COMPANIES DOING THE ADVER-
  TISING WILL BE SUBJECT TO THE SAME FINES.  EVERY SIX WEEKS  THE  COMMIS-
  SIONER  SHALL PROVIDE DISTRIBUTORS WITH AN UPDATED LIST OF ALL RESIDENTS
  WHO DO NOT WANT DISTRIBUTION.   DISTRIBUTORS  THEN  HAVE  SIX  WEEKS  TO
  UPDATE THEIR LISTS AND DISCONTINUE DISTRIBUTION.
    C.  VIOLATORS  OF THE PROVISIONS OF THIS SECTION SHALL BE SUBJECT TO A
  CIVIL PENALTY OF NOT LESS THAN ONE HUNDRED DOLLARS AND NOT MORE THAN TWO

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD07390-01-3

 S. 2746                             2

  HUNDRED FIFTY DOLLARS FOR A FIRST VIOLATION. THE CIVIL PENALTY SHALL  BE
  NOT  LESS  THAN TWO HUNDRED FIFTY DOLLARS AND NOT MORE THAN FIVE HUNDRED
  DOLLARS FOR A SECOND VIOLATION AND EACH VIOLATION THEREAFTER.
    D.  FOR  THE  PURPOSES  OF THIS SECTION, "COMMISSIONER" SHALL MEAN THE
  COMMISSIONER OF THE CITY OF NEW YORK DEPARTMENT OF SANITATION.
    E. IF ANY CLAUSE, SENTENCE OR PROVISION OF THIS SECTION SHALL BE  HELD
  TO BE UNCONSTITUTIONAL BY A COURT OF COMPETENT JURISDICTION, THE REMAIN-
  DER OF THIS SECTION SHALL NOT BE AFFECTED THEREBY.
    S  2. The commissioner of the sanitation department of the city of New
  York shall promulgate rules and regulations necessary to carry  out  the
  provisions of section 10-121.2 of the administrative code of the city of
  New York.
    S 3. This act shall take effect immediately.