What's happening
This bill creates a registry letting New York City residents refuse deliveries of commercial flyers.
Why it matters
Citywide opt-out. New York City residents could register by mail, phone or electronically to stop commercial printed deliveries at home. Telephone directories would be exempt.
New sanitation duties. The sanitation commissioner would establish the registry and send updated lists to distributors every six weeks. Distributors would have six weeks to update their lists and stop deliveries.
Financial penalties. Distributors would have to provide accurate contact information and honor opt-outs, with fines of $100–$250 initially and $250–$500 for subsequent violations. Advertisers would face the same fines if a violating distributor could not be located.
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Who cares
New York City residents
They could sign up to refuse unwanted commercial flyers and circulars at their homes.
New York City Department of Sanitation
It would operate the registry, supply updated lists and issue implementing rules.
Flyer and circular distributors
They would need to provide contact information and stop deliveries to registered residents or face fines.
Businesses advertising through circulars
They could face fines when a violating distributor cannot be located.
Headline styles
Create NYC Flyer Opt-Out Registry
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to cities
- Referred to cities
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3957
2019-2020 Regular Sessions
IN ASSEMBLY
January 31, 2019
Introduced by M. of A. WEPRIN -- read once and referred to the Committee on Cities
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 Assembly, do enact as follows:
Section 1. The administrative code of the city of New York is amended by adding a new section 10-121.2 to read as follows:
§ 10-121.2 Regulation of unsolicited circulars. a. In the interest of further eliminating litter and improving the quality of life for city residents, the commissioner shall establish a citywide registry for residents who wish to refuse the delivery of any handbill, circular or other printed matter of a commercial or business nature other than a telephone directory or book that provides telephone and directory information to their residence. The commissioner shall enter the name of the requesting resident in such registry. Such requests shall be made in writing to the commissioner, by phone at a designated number or numbers or by electronic communication at a designated electronic mail address or website.
b. In order to continue distribution in New York city, all distributors of such handbills, circulars or other like printed matter shall provide the commissioner with accurate contact information, including an address and phone number. Failure to provide accurate contact information or discontinue distribution shall constitute a violation of the provisions of this section and shall subject the violator to fines as provided in subdivision c of this section. If the distributor in violation cannot be located, the company or companies doing the advertising will be subject to the same fines. Every six weeks the commissioner shall provide distributors with an updated list of all residents who do not want distribution. Distributors then have six weeks to update their lists and discontinue distribution.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07503-01-9
A. 3957 2
c. Violators of the provisions of this section shall be subject to a civil penalty of not less than one hundred dollars and not more than two hundred fifty dollars for a first violation. The civil penalty shall be not less than two hundred fifty dollars and not more than five hundred dollars for a second violation and each violation thereafter.
d. For the purposes of this section, "commissioner" shall mean the commissioner of the city of New York department of sanitation.
e. If any clause, sentence or provision of this section shall be held to be unconstitutional by a court of competent jurisdiction, the remainder of this section shall not be affected thereby.
§ 2. The commissioner of the sanitation department of the city of New York shall promulgate rules and regulations necessary to carry out the provisions of section 10-121.2 of the administrative code of the city of New York.
§ 3. This act shall take effect on the sixtieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.