Bill Text: NY A04747 | 2011-2012 | General Assembly | Amended
Bill Title: Regulates the distribution of telephone directories and requires distributors to collect and recycle them.
Spectrum: Strong Partisan Bill (Democrat 18-1)
Status: (Introduced - Dead) 2012-03-07 - print number 4747b [A04747 Detail]
Download: New_York-2011-A04747-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
4747--A
2011-2012 Regular Sessions
I N A S S E M B L Y
February 7, 2011
___________
Introduced by M. of A. MAISEL, COLTON, LUPARDO, ENGLEBRIGHT, SCHIMEL,
ROBINSON, ROBERTS, HOOPER -- Multi-Sponsored by -- M. of A. M. MILLER,
WEISENBERG -- read once and referred to the Committee on Consumer
Affairs and Protection -- reference changed to the Committee on Envi-
ronmental Conservation -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the environmental conservation law and the general busi-
ness law, in relation to telephone directory reduction and recycling
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Article 27 of the environmental conservation law is amended
2 by adding a new title 29 to read as follows:
3 TITLE 29
4 TELEPHONE DIRECTORY REDUCTION AND RECYCLING
5 SECTION 27-2901. DEFINITIONS.
6 27-2903. DISTRIBUTOR RESPONSIBILITIES
7 S 27-2901. DEFINITIONS. AS USED IN THIS TITLE:
8 1. "DISTRIBUTOR" MEANS ANY PERSON OR ENTITY ENGAGED IN THE DISTRIB-
9 UTION OF TELEPHONE DIRECTORIES TO THE GENERAL PUBLIC.
10 2. "TELEPHONE DIRECTORY" MEANS A PRINTED PUBLICATION LISTING:
11 A. THE NAMES, ADDRESSES AND TELEPHONE NUMBERS OF BUSINESSES BY TYPE,
12 AND CONTAINING ADVERTISEMENTS PROMOTING THOSE BUSINESSES OR THE PRODUCTS
13 THEY SELL; AND/OR
14 B. THE NAMES, ADDRESSES AND TELEPHONE NUMBERS OF INDIVIDUALS, BUSI-
15 NESSES AND GOVERNMENT LISTINGS IN ALPHABETICAL ORDER.
16 S 27-2903. DISTRIBUTOR RESPONSIBILITIES.
17 1. EVERY DISTRIBUTOR SHALL ENSURE THAT EACH TELEPHONE DIRECTORY
18 PROVIDED TO THE GENERAL PUBLIC SHALL:
19 A. TO THE MAXIMUM EXTENT PRACTICABLE BE PRINTED ON PAPER THAT IS
20 RECYCLABLE AND CONTAINS NOT LESS THAN THIRTY PERCENT POST-CONSUMER RECY-
21 CLED FIBER;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00766-03-1
A. 4747--A 2
1 B. TO THE MAXIMUM EXTENT PRACTICABLE BE PRINTED WITH INKS THAT CONTAIN
2 NO HEAVY METALS OR OTHER TOXIC MATERIALS;
3 C. BE BOUND WITH MATERIALS THAT POSE NO UNREASONABLE BARRIERS TO RECY-
4 CLING THE TELEPHONE DIRECTORY;
5 D. INCLUDE A CONSPICUOUS NOTICE WHICH SHALL BE CONSISTENT WITH ANY
6 GUIDELINES OF THE DEPARTMENT THAT PROVIDES INFORMATION ON THE APPROPRI-
7 ATE MEANS OF RECYCLING DISCARDED TELEPHONE DIRECTORIES;
8 E. INCLUDE A CONSPICUOUS NOTICE, IN ACCORDANCE WITH THE PROVISIONS OF
9 SECTION THREE HUNDRED THIRTY-SIX OF THE GENERAL BUSINESS LAW, THAT INDI-
10 CATES HOW A CONSUMER MAY DECLINE TO RECEIVE FUTURE DIRECTORIES.
11 S 2. Section 336 of the general business law is amended by adding a
12 new subdivision 4 to read as follows:
13 4. (A) EVERY TELEPHONE DIRECTORY HEREAFTER DISTRIBUTED TO THE MEMBERS
14 OF THE GENERAL PUBLIC IN THIS STATE OR IN ANY PORTION THEREOF WHICH
15 LISTS THE CALLING NUMBERS OF TELEPHONES OF ANY TELEPHONE EXCHANGE
16 LOCATED IN THIS STATE SHALL CONTAIN A CONSPICUOUS NOTICE PROVIDING
17 INFORMATION IN CLEAR, CONCISE LANGUAGE THAT THE CONSUMER MAY "OPT-OUT"
18 BY DECLINING RECEIPT OF FUTURE PRINT DIRECTORIES. SUCH NOTICE SHALL
19 INCLUDE THE FOLLOWING STATEMENT: "IF YOU NO LONGER WISH TO RECEIVE THIS
20 DIRECTORY, PLEASE CALL THE FOLLOWING TOLL-FREE TELEPHONE NUMBER OR
21 ACCESS THE FOLLOWING INTERNET WEB SITE ADDRESS." SUCH NOTICE SHALL ALSO
22 INCLUDE THE TOLL-FREE TELEPHONE NUMBER AND INTERNET WEB SITE ADDRESS
23 THAT AN INDIVIDUAL MAY USE TO DECLINE RECEIPT OF FUTURE PRINT DIRECTO-
24 RIES. IN ADDITION, THE DISTRIBUTOR MAY INCLUDE A PREPAID POSTCARD WITH
25 THE DIRECTORY THAT MAY BE USED TO DECLINE RECEIPT OF FUTURE PRINT DIREC-
26 TORIES.
27 (B) THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO THE DISTRIB-
28 UTION OF RESIDENTIAL WHITE PAGE DIRECTORIES BY A TELEPHONE CORPORATION
29 PROVIDING LOCAL EXCHANGE SERVICE IN THIS STATE THAT, PURSUANT TO A WAIV-
30 ER FROM THE PUBLIC SERVICE COMMISSION OF ITS RULES REGARDING DISTRIB-
31 UTION OF SUCH DIRECTORIES, IS AUTHORIZED TO DISCONTINUE DISTRIBUTION OF
32 PRINTED DIRECTORIES TO CUSTOMERS WHO HAVE NOT "OPTED-IN" BY INDICATING A
33 PREFERENCE TO RECEIVE SUCH PRINTED DIRECTORIES, PROVIDED THAT THE WAIVER
34 INCLUDES SUCH CONDITIONS AS THE COMMISSION DEEMS APPROPRIATE TO ENSURE
35 THE PROVISION OF NOTIFICATION THAT REACHES ALL CUSTOMERS OF THEIR OPTION
36 TO RECEIVE DELIVERY OF SUCH DIRECTORIES.
37 S 3. The general business law is amended by adding a new section 336-
38 aa to read as follows:
39 S 336-AA. RESPONSIBILITIES OF DISTRIBUTORS OF TELEPHONE DIRECTORIES.
40 1. UPON NOTIFICATION THAT DELIVERY OF A PRINT TELEPHONE DIRECTORY HAS
41 BEEN DECLINED AS PROVIDED IN SECTION THREE HUNDRED THIRTY-SIX OF THIS
42 ARTICLE, THE DISTRIBUTOR SHALL DISCONTINUE DIRECTORY DELIVERY TO THE
43 DECLINING CONSUMER. A DISTRIBUTOR MAY COMPLY WITH THIS SUBDIVISION BY
44 REDUCING THE NUMBER OF DIRECTORIES DELIVERED TO A MULTIPLE DWELLING BY
45 THE NUMBER OF OCCUPANTS DECLINING SUCH DELIVERY.
46 2. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION,
47 A DISTRIBUTOR MAY RESUME DIRECTORY DELIVERY TO AN INDIVIDUAL WHO HAS
48 PREVIOUSLY DECLINED DELIVERY, PROVIDED THAT SUCH INDIVIDUAL REQUESTS
49 RESUMPTION OF DELIVERY BY USE OF THE DISTRIBUTOR'S TOLL-FREE TELEPHONE
50 NUMBER OR INTERNET WEB SITE ADDRESS OR BY OTHER WRITTEN REQUEST.
51 3. WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION OR OF SUBDIVI-
52 SION FOUR OF SECTION THREE HUNDRED THIRTY-SIX OF THIS ARTICLE, AN APPLI-
53 CATION MAY BE MADE BY THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF
54 THE STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION TO ISSUE
55 AN INJUNCTION, AND UPON NOTICE TO THE DEFENDANT OF NOT LESS THAN FIVE
56 DAYS, TO ENJOIN AND RESTRAIN THE CONTINUANCE OF SUCH VIOLATIONS; AND IF
A. 4747--A 3
1 IT SHALL APPEAR TO THE SATISFACTION OF THE COURT OR JUSTICE THAT THE
2 DEFENDANT HAS IN FACT, VIOLATED THIS SECTION, AN INJUNCTION MAY BE
3 ISSUED BY SUCH COURT OR JUSTICE, ENJOINING AND RESTRAINING ANY FURTHER
4 VIOLATION, WITHOUT REQUIRING PROOF THAT ANY PERSON HAS, IN FACT, BEEN
5 INJURED OR DAMAGED THEREBY. IN ANY SUCH PROCEEDING THE COURT MAY MAKE
6 ALLOWANCES TO THE ATTORNEY GENERAL AS PROVIDED IN SECTION EIGHTY-THREE
7 HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES, AND DIRECT RESTITU-
8 TION. IN CONNECTION WITH ANY SUCH PROPOSED APPLICATION, THE ATTORNEY
9 GENERAL IS AUTHORIZED TO TAKE PROOF AND MAKE A DETERMINATION OF THE
10 RELEVANT FACTS AND TO ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRAC-
11 TICE LAW AND RULES. WHENEVER THE COURT SHALL DETERMINE THAT A VIOLATION
12 OF THIS SECTION HAS OCCURRED, THE COURT MAY IMPOSE A CIVIL PENALTY OF
13 NOT MORE THAN ONE HUNDRED DOLLARS FOR A SINGLE VIOLATION AND NOT MORE
14 THAN FIVE THOUSAND DOLLARS FOR MULTIPLE VIOLATIONS RESULTING FROM A
15 SINGLE ACT OR INCIDENT. NO PERSON, FIRM, PARTNERSHIP, ASSOCIATION OR
16 CORPORATION SHALL BE DEEMED TO HAVE VIOLATED THE PROVISIONS OF THIS
17 SECTION IF SUCH PERSON, FIRM, PARTNERSHIP, ASSOCIATION OR CORPORATION
18 SHOWS, BY A PREPONDERANCE OF THE EVIDENCE, THAT THE VIOLATION WAS NOT
19 INTENTIONAL AND RESULTED FROM A BONA FIDE ERROR MADE NOTWITHSTANDING THE
20 MAINTENANCE OF PROCEDURES REASONABLY ADOPTED TO AVOID SUCH ERROR.
21 S 4. This act shall take effect one year after it shall have become a
22 law. Effective immediately, the addition, amendment and/or repeal of any
23 rule or regulation necessary for the implementation of this act on its
24 effective date are authorized and directed to be made and completed on
25 or before such effective date.
