ASSEMBLY, No. 764

STATE OF NEW JERSEY

Introduced Pending Technical Review by Legislative Counsel

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Assemblywoman BUONO

An Act concerning the unwanted delivery of certain printed matter, amending P.L.1981, c.278 and amending and supplementing P.L.1985, c.533.

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

    1. Section 3 of P.L.1981, c.278 (C.13:1E-94) is amended to read as follows:

    3. As used in this act:

    a. "Department" means the State Department of Environmental Protection;

    b. "Division" means the Division of Taxation in the Department of the Treasury;

    c. "Director" means the Director of the Division of Taxation in the Department of the Treasury;

    d. "Litter" means any used or unconsumed substance or waste material which has been discarded, whether made of aluminum, glass, plastic, rubber, paper, or other natural or synthetic material, or any combination thereof, including, but not limited to, any bottle, jar or can, or any top, cap or detachable tab of any bottle, jar or can, any unlighted cigarette, cigar, match or any flaming or glowing material or any garbage, trash, refuse, debris, rubbish, grass clippings or other lawn or garden waste, newspapers, magazines, glass, metal, plastic or paper containers or other packaging or construction material, but does not include the waste of the primary processes of mining or other extraction processes, logging, sawmilling, farming or manufacturing;

    e. "Litter-generating products" means the following specific goods which are produced, distributed, or purchased in disposable containers, packages or wrappings; or which are not usually sold in packages, containers, or wrappings but which are commonly discarded in public places; or which are of an unsightly or unsanitary nature, commonly thrown, dropped, discarded, placed, or deposited by a person on public property, or on private property not owned by him:

    (1) Beer and other malt beverages;

    (2) Cigarettes and tobacco products;

    (3) Cleaning agents and toiletries;

    (4) Distilled spirits;

    (5) Food for human or pet consumption;

    (6) Glass containers sold as such;

    (7) Groceries;

    (8) Metal containers sold as such;

    (9) Motor vehicle tires;

    (10) Newsprint and magazine paper stock, including any newspaper or commercial advertising brochure or circular that is dropped, placed, deposited or delivered by a person on private property contrary to a written request by the owner thereof, as described in section 3 of P.L. , c. (C. )(now pending before the Legislature as this bill);

    (11) Drugstore sundry products, but not including prescription drugs or nonprescription drugs;

    (12) Paper products and household paper;

    (13) Plastic or fiber containers made of synthetic material and sold as such, but not including any container which is routinely reused, has a useful life of more than one year and is ordinarily sold empty at retail;

    (14) Soft drinks and carbonated waters; and

    (15) Wine;

    f. "Litter receptacle" means a container suitable for the depositing of litter;

    g. "Municipality" means any city, borough, town, township or village situated within the boundaries of this State;

    h. "Public place" means any area that is used or held out for use by the public, whether owned or operated by public or private interests;

    i. "Recycling" means any process by which materials which would otherwise become solid waste are collected, separated or processed and returned to the economic mainstream in the form of raw materials or products;

    j. "Sold within the State" or "sales within the State" means all sales of retailers engaged in business within the State and, in the case of manufacturers, wholesalers and distributors, all sales of products for use and consumption within the State. It shall be presumed that all sales of manufacturers, wholesalers and distributors sold within the State are for use and consumption within the State unless the taxpayer shows that the products are shipped out of State for out-of-State use;

    k. "Tax period" means every calendar month or any other period as may be prescribed by rule and regulation adopted by the director, on the basis of which the owner or operator of a solid waste facility is required to report to the director pursuant to section 4 of P.L.1981, c.278 (C.13:1E-95);

    l. "Taxpayer" means the owner or operator of a solid waste facility or the manufacturer, wholesaler, distributor, or retailer of litter-generating products subject to the tax provisions of section 4 of P.L.1981, c.278 (C.13:1E-95) or section 6 of P.L.1985, c.533 (C.13:1E-99.1), as the case may be.

(cf: P.L.1987, c.102, s.34)

    2. Section 8 of P.L.1985, c.533 (C.13:1E-99.3) is amended to read as follows:

    8. a. A person who throws, drops, discards or otherwise places any litter of any nature upon public or private property other than in a litter receptacle, or a person who repeatedly drops, places, deposits or delivers newspapers or commercial advertising brochures or circulars on private property contrary to a written request by the owner thereof, as described in section 3 of P.L. , c. (C.        )(now pending before the Legislature as this bill), and the owner, publisher, printer or distributor of a newspaper or commercial advertising brochure or circular who fails to stop the dropping, placing, depositing or delivery of such printed matter on private property contrary to a written request by the owner thereof, pursuant to the provisions of section 3 of P.L. , c. (C. )(now pending before the Legislature as this bill), commits a petty disorderly persons offense. The Superior Court and every municipal court shall have jurisdiction to enforce this section. The State or any municipality may institute proceedings under this section. If a money judgment is rendered against a defendant, the payment made to the court shall be remitted to the chief financial officer of the municipality wherein the violation occurred, to be used by the municipality to help finance litter control activities in addition to or supplementing existing litter pickup and removal activities in the municipality.

    b. If a person violates subsection a. of this section the court, in addition to any penalty imposed under that subsection, may direct the person to perform community service, including litter pickup and removal from any public property, or any private property with permission of the owner, upon which the person deposited litter, for a term of not less than 20 hours nor more than 40 hours.

    c. A person who is convicted of an offense under subsection a. of this section within one year of the date of a previous conviction thereunder may be sentenced to imprisonment for a definite term not to exceed 60 days, may in addition be sentenced to pay a fine not to exceed $1,000 and may be directed to perform community service, including litter pickup and removal from any public property or from any private property if permission of the owner has been granted, for

a term of not less than 40 nor more than 80 hours.

(cf: P.L.1989, c.108, s.3)

    3. (New section) a. Any person who owns private property may request that no newspaper or commercial advertising brochure or circular be dropped, placed, or deposited at or delivered to that property by directing a communication in writing to the owner, publisher, printer or distributor of any such publication which is dropped, placed, deposited or delivered on the property of that person. The communication shall note that the property owner: (1) does not wish to have the newspaper or commercial advertising brochure or circular dropped, placed, or deposited at or delivered to that person's property; (2) regards the newspaper or commercial advertising brochure or circular as litter, as defined pursuant to section 3 of P.L.1981, c.278 (C.13:1E-94), and not as a form of communication protected by the First Amendment of the United States Constitution; and (3) wishes to have the delivery of the newspaper or commercial advertising brochure or circular terminated immediately.

    b. The owner, publisher, printer or distributor of a newspaper or commercial advertising brochure or circular who receives a communication in writing, pursuant to the provisions of subsection a. of this section, shall subsequently be responsible for making certain that no person who is an employee or agent of that owner, publisher, printer or distributor drops, places, deposits, or delivers that newspaper or commercial advertising brochure or circular on the private property of the person who initiated the communication provided for by subsection a. of this section.

    4. This act shall take effect immediately.

STATEMENT

    This bill provides that any person who owns private property may request that no newspaper or commercial advertising brochure or circular be dropped, placed, deposited or delivered by directing a written communication to the owner, publisher, printer or distributor of that newspaper or commercial advertising brochure or circular which makes clear that the owner of the property does not wish to have the publication delivered, regards it as litter and not a Constitutionally-protected form of communication and wishes that delivery be terminated immediately. The bill also provides that the owner, publisher, printer or distributor of a newspaper or commercial advertising brochure or circular who receives a communication in writing asking that the delivery of the publication stop shall subsequently be responsible for making certain that no person who is an employee or agent of that owner, publisher, printer or distributor drops, deposits, places or delivers that newspaper or commercial advertising brochure or circular on the private property of the person who initiated the communication.

    Any person who continues the delivery of the newspapers or the commercial advertising brochures or circulars and any owner, publisher, printer or distributor of such printed matter who fails to stop the the delivery thereof would be considered to have committed a petty disorderly persons offense by violating the State's anti-littering laws. Upon conviction for a first offense, the defendant would be subject to a $100 fine, and may also be directed by the court to perform between 20 - 40 hours of community service, including litter pickup and removal.

Permits property owner to request that no newspaper or commercial advertising brochure or circular be delivered thereto; makes owner, publisher, printer or distributor of publication responsible for stopping delivery.