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

1 Co-sponsor

• Tony Avella

BILL NUMBER:S2746A

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 are of a commercial or business nature.

Summary of provisions

Section one of the bill 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 other than a telephone directory or a book that provides telephone and directory information.

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 provides that if any part of new section 10-212.2 is declared to be unconstitutional, the remainder of the section shall not be affected by such a declaration.

Section two of the bill requires the Commissioner to promulgate regulations necessary to carry out the provisions of this section.

Section three of the bill 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.