What's happening
The bill amends the "lawn litter law" to make advertisers liable for unsolicited materials regardless of how many premises are involved.
Why it matters
Broadens advertiser liability. The bill removes the requirement that unsolicited advertising material must be placed at two or more premises before the advertiser can be held liable, meaning a business could now be responsible even if only one home receives the material.
Increases consumer protection. By making it easier to hold advertisers accountable for unwanted lawn litter, the bill empowers individuals to take action against nuisance advertising, not just neighborhoods or groups.
Potential for stricter enforcement. The change lowers the threshold for enforcement, which could deter advertisers from distributing unsolicited materials and reduce overall litter in communities.
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Who cares
Headline styles
Stop Unwanted Lawn Flyers
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to consumer protection
- 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.
Fine for 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
3618
2019-2020 Regular Sessions
IN SENATE
February 11, 2019
Introduced by Sen. STAVISKY -- 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.
LBD00995-01-9
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
To remove the necessity of lawn litter being placed on two or more prem- ises to constitute a violation of this section.
Summary of provisions
Section I titles the bill as the "Lawn Litter Act."
Section II amends subdivision 3 of section 397-a of the general business law to provide that each violation of section 397-a of the general busi- ness law 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 mate- rial 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 great- er, or both.
Section III sets forth the effective date.
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 busi- nesses 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
2017-1B: S 1892 - passed Senate; A 1336 - referred to Cities.
Fiscal impact on the state
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.