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History
- Referred to consumer protection
- Referred to consumer protection
Companion bill
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Relates to the rebuttable presumption relating to identifying information on an unsolicited advertisement in N.Y. city
In Assembly Committee · Cities · Sponsor Nily Rozic
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's 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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.