S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5076
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 6, 2017
                                ___________
 
 Introduced by M. of A. WEPRIN -- read once and referred 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:
   § 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  OTHER  THAN  A
 TELEPHONE DIRECTORY OR BOOK THAT PROVIDES TELEPHONE AND DIRECTORY INFOR-
 MATION  TO THEIR RESIDENCE. THE COMMISSIONER SHALL ENTER THE NAME OF THE
 REQUESTING RESIDENT IN SUCH REGISTRY. SUCH REQUESTS  SHALL  BE  MADE  IN
 WRITING  TO THE COMMISSIONER, 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09144-01-7

 A. 5076                             2
 
   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
 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.
   §  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.
   §  3.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.