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.
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 Department 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 handbills, circulars and other printed materials that are of a commercial or business nature to provide the Commissioner with accurate contact information. 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 penalty 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 necessary 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 unsightly 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 circulars; 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.
STATE OF NEW YORK ________________________________________________________________________ 2746 2013-2014 Regular Sessions IN 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 TWOEXPLANATION--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.