Bill Text: NY S02746 | 2013-2014 | General Assembly | Amended
Bill Title: 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.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2014-06-20 - COMMITTED TO RULES [S02746 Detail]
Download: New_York-2013-S02746-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
2746--A
2013-2014 Regular Sessions
I N S E N A T E
January 23, 2013
___________
Introduced by Sen. GOLDEN -- read twice and ordered printed, and when
printed to be committed to the Committee on Cities -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
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:
1 Section 1. The administrative code of the city of New York is amended
2 by adding a new section 10-121.2 to read as follows:
3 S 10-121.2 REGULATION OF UNSOLICITED CIRCULARS. A. IN THE INTEREST OF
4 FURTHER ELIMINATING LITTER AND IMPROVING THE QUALITY OF LIFE FOR CITY
5 RESIDENTS, THE COMMISSIONER SHALL ESTABLISH A CITYWIDE REGISTRY FOR
6 RESIDENTS WHO WISH TO REFUSE THE DELIVERY OF ANY HANDBILL, CIRCULAR OR
7 OTHER PRINTED MATTER OF A COMMERCIAL OR BUSINESS NATURE OTHER THAN A
8 TELEPHONE DIRECTORY OR BOOK THAT PROVIDES TELEPHONE AND DIRECTORY INFOR-
9 MATION TO THEIR RESIDENCE. THE COMMISSIONER SHALL ENTER THE NAME OF THE
10 REQUESTING RESIDENT IN SUCH REGISTRY. SUCH REQUESTS SHALL BE MADE IN
11 WRITING TO THE COMMISSIONER, BY PHONE AT A DESIGNATED NUMBER OR NUMBERS
12 OR BY ELECTRONIC COMMUNICATION AT A DESIGNATED ELECTRONIC MAIL ADDRESS
13 OR WEBSITE.
14 B. IN ORDER TO CONTINUE DISTRIBUTION IN NEW YORK CITY, ALL DISTRIBU-
15 TORS OF SUCH HANDBILLS, CIRCULARS OR OTHER LIKE PRINTED MATTER SHALL
16 PROVIDE THE COMMISSIONER WITH ACCURATE CONTACT INFORMATION, INCLUDING AN
17 ADDRESS AND PHONE NUMBER. FAILURE TO PROVIDE ACCURATE CONTACT INFORMA-
18 TION OR DISCONTINUE DISTRIBUTION SHALL CONSTITUTE A VIOLATION OF THE
19 PROVISIONS OF THIS SECTION AND SHALL SUBJECT THE VIOLATOR TO FINES AS
20 PROVIDED IN SUBDIVISION C OF THIS SECTION. IF THE DISTRIBUTOR IN
21 VIOLATION CANNOT BE LOCATED, THE COMPANY OR COMPANIES DOING THE ADVER-
22 TISING WILL BE SUBJECT TO THE SAME FINES. EVERY SIX WEEKS THE COMMIS-
23 SIONER SHALL PROVIDE DISTRIBUTORS WITH AN UPDATED LIST OF ALL RESIDENTS
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07390-02-3
S. 2746--A 2
1 WHO DO NOT WANT DISTRIBUTION. DISTRIBUTORS THEN HAVE SIX WEEKS TO
2 UPDATE THEIR LISTS AND DISCONTINUE DISTRIBUTION.
3 C. VIOLATORS OF THE PROVISIONS OF THIS SECTION SHALL BE SUBJECT TO A
4 CIVIL PENALTY OF NOT LESS THAN ONE HUNDRED DOLLARS AND NOT MORE THAN TWO
5 HUNDRED FIFTY DOLLARS FOR A FIRST VIOLATION. THE CIVIL PENALTY SHALL BE
6 NOT LESS THAN TWO HUNDRED FIFTY DOLLARS AND NOT MORE THAN FIVE HUNDRED
7 DOLLARS FOR A SECOND VIOLATION AND EACH VIOLATION THEREAFTER.
8 D. FOR THE PURPOSES OF THIS SECTION, "COMMISSIONER" SHALL MEAN THE
9 COMMISSIONER OF THE CITY OF NEW YORK DEPARTMENT OF SANITATION.
10 E. IF ANY CLAUSE, SENTENCE OR PROVISION OF THIS SECTION SHALL BE HELD
11 TO BE UNCONSTITUTIONAL BY A COURT OF COMPETENT JURISDICTION, THE REMAIN-
12 DER OF THIS SECTION SHALL NOT BE AFFECTED THEREBY.
13 S 2. The commissioner of the sanitation department of the city of New
14 York shall promulgate rules and regulations necessary to carry out the
15 provisions of section 10-121.2 of the administrative code of the city of
16 New York.
17 S 3. This act shall take effect immediately.
