Bill S458-2013

Relates to the rebuttable presumption relating to identifying information on an unsolicited advertisement in cities with a population of one million or more

Relates to the rebuttable presumption relating to identifying information on an unsolicited advertisement in cities with a population of one million or more; provides that such presumption shall apply if the advertising materials are placed at any one premise.

Details

Actions

  • Jan 8, 2014: REFERRED TO CONSUMER PROTECTION
  • Jan 9, 2013: REFERRED TO CONSUMER PROTECTION

Memo

BILL NUMBER:S458

TITLE OF BILL:

An act to amend the general business law, in relation to the rebuttable presumption relating to identifying information on an unsolicited advertisement in cities with a population of one million or more

PURPOSE OR GENERAL IDEA OF THE BILL:

The purpose of this legislation is amend the "lawn litter law" rebuttable presumption provisions which require that advertising materials be placed at "two or more premises".

SUMMARY OF PROVISIONS:

Section 1 of the bill amends subdivision 3 or section 397-a of the general business law, as amended by chapter 3 of the laws of 2008, to repeal certain provisions of the "rebuttable presumption" section that require advertising materials to be placed at "two or more premises" for the presumption to be applicable.

Section 2 of the bill sets forth an immediate effective date.

JUSTIFICATION:

Under the current "lawn litter law", a rebuttable presumption of liability is imposed on those persons whose name, telephone number or other identifying information appears on any unsolicited advertising materials that have been placed at two or more premises.

The New York City Department of Sanitation has stated that it cannot enforce the law on the basis of a property owner's affidavit of receiving unsolicited materials unless there are affidavits which show that such materials were placed at two or more premises as required by the law in order to trigger the "rebuttable presumption" provision.

The requirement that such materials be "placed at two or more premises" serves no legitimate purpose in triggering the "rebuttable presumption" of liability for persons who place unsolicited advertising materials on private property.

If a property owner has received unsolicited materials they should be allowed to seek protection of the "lawn litter law" and its rebuttable presumption provisions without first having to prove that such materials were placed at more than one location.

LEGISLATIVE HISTORY:

2011-12: S.7195

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 458 2013-2014 Regular Sessions IN SENATE (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 rebuttable presumption relating to identifying information on an unsolicited advertisement in cities with a population of one million or more THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. 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 2. This act shall take effect immediately.

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