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S4973Senate2009-2010 SessionSame asA10273

Relates to the rebuttable presumption regarding distributing unsolicited advertising on private property in cities with a population of one million or more

Sponsor Frank PadavanSD-11Affects Public Safety & Consumer Affairs
Status
In Senate Committee
Consumer Protection
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Consumer Protection

What's happening

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Why it matters

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Who cares

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Sponsors

Primary sponsor
Frank Padavan

Senator · Senate District 11

No co-sponsors yet.

History

  1. Referred to consumer protection
  2. Referred to consumer protection

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A10273Assembly

Relates to the rebuttable presumption regarding distributing unsolicited advertising on private property in N.Y. city

In Assembly Committee · Codes · Sponsor Rory Lancman

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

Title of bill

An act to amend the general business law, in relation to distributing unsolicited advertising on private property in cities with a population of one million or more

Purpose

The subject legislation amends Section 397-a of the General Business Law to delete the necessity of lawn litter being placed on two or more premises to constitute a violation of this section.

Summary of provisions

Each violation of the General Business Law, Section 397-a shall be returnable to the environmental control board and a civil penalty of not less than $250 nor more than $100 shall be imposed for each violation. Any civil penalties collected shall be paid into the general fund of the City.

In addition, any person who has material placed on his or her property on three separate occasions by the same person may bring an action in a court competent jurisdiction to enjoin such practice, an action for damages or $500 whichever is greater, or both.

Justification

New York City residents are being deluged with unwanted advertisement and solicitations callously dumped on their doorsteps, in their lobbies and in their vestibules, despite signs that they don't want these items placed on their property, residents continue to be inundated.

This bill will make the owners and managers of restaurants and other commercial establishments liable for dumping menus and advertising fliers on private property. The bill will also go a long way in making small businesses more responsive to community concerns.

As has been noted in many urban studies, quality of life issues such as neighborhood cleanliness are important for neighborhood stability which in turn keep communities safer, promote community pride and prevent future crime and urban deterioration.

Legislative history

See Chapter 3 of the Laws of 2008.

Fiscal implications

None.

Effective date

This act shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.