What's happening
The bill amends the general business law to strengthen liability for those whose information appears on unsolicited lawn advertising materials.
Why it matters
Expands liability. The bill removes the requirement that unsolicited advertising materials must be placed at "two or more premises" before liability applies, meaning that companies or individuals can now be held responsible even if the materials are found at just one location.
Easier enforcement for homeowners. Residents who receive unwanted lawn ads will have a stronger legal basis to seek action against those whose names or contact information appear on the materials, potentially reducing nuisance litter and holding advertisers accountable.
Increased pressure on advertisers. Businesses will need to ensure stricter control over their advertising practices, as a single instance of unsolicited lawn advertising can trigger liability, incentivizing cleaner, more responsible marketing methods.
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Who cares
Headline styles
Stop Unwanted Lawn Ads
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to consumer protection
- Returned to senate
- Died in assembly
- Referred to cities
- Delivered to assembly
- Passed senateVote 43–17
- Ordered to third reading cal.1698
- Committee discharged and committed to rules
- 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.
Stop Unwanted Lawn Flyers
In Assembly Committee · Cities · Sponsor Nily Rozic
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1892
2017-2018 Regular Sessions
IN SENATE
January 11, 2017
Introduced by Sen. AVELLA -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection
AN ACT to amend the general business law, in relation to enacting the "lawn litter law act"
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. This act shall be known and may be cited as the "lawn litter law act".
§ 2. Subdivision 3 of section 397-a of the general business law, as amended by chapter 3 of the laws of 2008, is amended to read as follows:
3. There shall be a rebuttable presumption that the person whose name, telephone number, or other identifying information appears on any unsolicited advertising materials described in subdivision one of this section [and placed at two or more premises] shall be liable for any violations of this section.
§ 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00431-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the general business law, in relation to enacting the "lawn litter law act"
Purpose or general idea of bill
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 $1,000 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
2015-16: S.1128/A.246 2013-14: S.6897/A.2344
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.