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A05317 Summary:

A05317 Actions:

A05317 Committee Votes:

A05317 Floor Votes:

A05317 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5317--B
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 17, 2015
                                       ___________
 
        Introduced  by M. of A. BRAUNSTEIN, ARROYO, ROZIC, MOSLEY, ABBATE, MILL-
          ER, BRINDISI, HOOPER, MALLIOTAKIS, TITONE, GALEF, LOPEZ -- Multi-Spon-
          sored by -- M. of A. COOK, GLICK,  LENTOL,  SIMON  --  read  once  and
          referred  to  the  Committee  on  Consumer  Affairs  and Protection --
          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted  to said committee -- reported and referred to the Commit-
          tee on Codes -- committee discharged, bill amended, ordered  reprinted
          as amended and recommitted to said committee
 
        AN ACT to amend the general business law, in relation to publicly acces-
          sible collection bins
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 399-bbb of the general business law,  as  added  by
     2  chapter 264 of the laws of 2010, is amended to read as follows:
     3    § 399-bbb. Solicitations by container; disclosures. 1. As used in this
     4  section  the term "publicly accessible collection [container] bin" shall
     5  mean an unattended canister, box, receptacle, or  similar  device,  used
     6  for  the solicitation and collection of personal property, not including
     7  money or evidences of debt. Such term shall not  include  an  unattended
     8  canister,  box,  receptacle, or similar device, used exclusively for the
     9  collection of used paper, cardboard, motor oil, bottles, cans  or  other
    10  receptacles or materials, not including textiles, for recycling or waste
    11  diversion purposes.
    12    2.  A publicly accessible collection bin shall not be placed on public
    13  property; if placed on public property, the local municipality may imme-
    14  diately remove and dispose of such bin.
    15    3. Any person, business, not-for-profit organization or  other  entity
    16  or  entities,  or  an agent or agents, whether paid or not paid, of such
    17  person, business, not-for-profit organization or other entity, who plac-
    18  es a publicly accessible collection [container] bin in a public place on
    19  [public or] private property shall  affix  to  the  publicly  accessible
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08033-14-5
        A. 5317--B                          2
 
     1  collection  [container]  bin a label that is designed to be incapable of
     2  being destroyed or removed and that clearly and  conspicuously  displays
     3  in  at  least  twenty-four point type unless otherwise specified in this
     4  section and on the front of the publicly accessible collection [contain-
     5  er]  bin  in  a  manner that is readily visible to an individual placing
     6  property in the  publicly  accessible  collection  [container]  bin  the
     7  following:
     8    (a)  the  name of the person, business, not-for-profit organization or
     9  other entity which owns the publicly accessible  collection  [container]
    10  bin  and  any  agent thereof; the legal address [and], telephone number,
    11  e-mail address and website, if applicable,  of  such  person,  business,
    12  not-for-profit  organization or other entity and any agent thereof where
    13  the owner of the publicly accessible collection [container] bin  or  its
    14  agent can be reached during ordinary business hours; any [registrations]
    15  permit or license required by [state or] local law of such person, busi-
    16  ness, not-for-profit organization or other entity and any agent thereof;
    17  a statement that nothing shall be left outside of such bin; and a state-
    18  ment  that  shall take the following form: For more information, contact
    19  the department of law at (insert the  current  telephone  number  estab-
    20  lished  by the department of law for receiving inquiries from consumers)
    21  or (insert the current address of the website of the department of law).
    22  If more than one person, business, not-for-profit organization or  other
    23  entity  own  the  publicly accessible collection [container] bin, all of
    24  the owners' names, legal addresses, telephone numbers and any [registra-
    25  tions] permits or licenses required by [state  or]  local  law  of  such
    26  owners shall be included in the disclosure label. If more than one agent
    27  represents  an  owner  of the publicly accessible collection [container]
    28  bin, including a for-profit entity, on behalf of, or in conjunction with
    29  a  not-for-profit  organization,  all  of  the  agents'   names,   legal
    30  addresses, telephone numbers and any [registrations] permits or licenses
    31  required by [state or] local law of such owners shall be included in the
    32  disclosure label; and
    33    (b)  a  statement  about  the  purpose  or  purposes  for the property
    34  collected in the [container] bin using letters no less than  two  inches
    35  in height as follows:
    36    (i)  if  all  of  the  property  placed  in  the  publicly  accessible
    37  collection [container] bin is directed  to  a  non-business  purpose  or
    38  purposes as described in paragraph (b) of section two hundred one of the
    39  not-for-profit  corporation  law  or,  if  the  property is sold and all
    40  proceeds of such sale are directed to a non-business purpose or purposes
    41  described in paragraph (b) of section two hundred one  of  the  not-for-
    42  profit  corporation  law,  the  label affixed to the publicly accessible
    43  collection [container] bin pursuant to this section shall state:
    44    DONATED ITEMS WILL BE USED FOR CHARITABLE PURPOSES
    45    The value of items placed in this [container] bin is tax-deductible.
    46    or
    47    (ii) if [all] any of the property placed in  the  publicly  accessible
    48  collection  [container] bin is not directed to a non-business purpose or
    49  purposes as described in paragraph (b) of section two hundred one of the
    50  not-for-profit corporation law, or if the property is  sold,  and  [all]
    51  any  proceeds of such sale are not directed to a non-business purpose or
    52  purposes described in paragraph (b) of section two hundred  one  of  the
    53  not-for-profit corporation law, the label affixed to the publicly acces-
    54  sible collection [container] bin pursuant to this section shall state:
    55    DONATED ITEMS WILL BE USED FOR PROFIT
        A. 5317--B                          3
 
     1    The  value of items placed in this [container] bin is NOT tax-deducti-
     2  ble.
     3    (c)  for  collection  bins  owned  by a not-for-profit organization, a
     4  statement describing  the  charitable  causes  that  will  benefit  from
     5  donations; and
     6    (d)  collection  bins  operated by corporate fundraisers or any entity
     7  placing and operating collection bins for the benefit  of  another  for-
     8  profit  entity  or not-for-profit entity shall abide by the requirements
     9  of the above and any additional  guidelines  and  labeling  requirements
    10  under state or local law as applicable.
    11    [3]  4.  The owner of a publicly accessible collection [container] bin
    12  shall obtain written consent from the owner or lessee  of  the  property
    13  where  the publicly accessible collection [container] bin is located, or
    14  the owner or lessee's authorized agent, stating that the  owner  of  the
    15  publicly  accessible  collection [container] bin has received permission
    16  to place the [box] bin on the property. Upon request of any local juris-
    17  diction, documentation evidencing the  written  consent  shall  be  made
    18  available by the owner of the publicly accessible collection [container]
    19  bin.  The  owner or lessee of the property where the publicly accessible
    20  collection bin is located, or the owner or lessee's authorized agent may
    21  rescind such consent at any  time,  provided,  written  notice  of  such
    22  rescission  is  provided to the bin owner at least ten days prior to the
    23  bin's removal.  Written notice of rescission of  consent,  if  given  by
    24  first-class  mail,  shall  be  deemed  given when deposited in a mailbox
    25  properly addressed and adequate postage  prepaid.  Such  written  notice
    26  shall be effective irrespective of the form of such written notice if it
    27  indicates  the  intention  of  the  owner  or  lessee of the property to
    28  rescind the consent previously given by the property owner  or  lessee's
    29  authorized  agent.  Ten  days after giving notice, the property owner or
    30  lessee may remove and dispose of such  bin,  and  any  reasonable  costs
    31  associated  with  such removal or disposal shall be recoverable from the
    32  owner of the publicly accessible collection bin.
    33    [4] 5. The owner of a publicly accessible collection bin shall  adhere
    34  to the following maintenance requirements:
    35    (a)  bins shall be serviced and emptied as needed or within seven days
    36  of a request by the property owner or owner's agent, including  requests
    37  for removal of debris and bulk items;
    38    (b)  remove  graffiti  on  the  outside  of  bins within seven days of
    39  requests or otherwise becoming aware of such damage or vandalism;
    40    (c) repair damaged bins within seven days  of  requests  or  otherwise
    41  becoming aware of such damage or vandalism;
    42    (d) secure each collection bin with a tamper-resistant lock; and
    43    (e)  maintain  the aesthetic presentation of such bin, including fresh
    44  paint and readable signage.
    45    6.  Whenever a bin is removed by a property owner in  accordance  with
    46  the  provisions of this section, the property owner shall inform the bin
    47  owner of the location to which the bin was removed, or any other  dispo-
    48  sition of the bin, and any reasonable costs associated with such removal
    49  or disposal shall be recoverable from the owner of the publicly accessi-
    50  ble collection bin.
    51    7. (a) Any violation of the provisions of this section shall be deemed
    52  a  deceptive practice within the meaning of section three hundred forty-
    53  nine of this chapter and any remedy provided therein shall be  available
    54  for the enforcement of this section. In addition, the district attorney,
    55  county  attorney,  and  the  corporation  counsel  shall have concurrent
    56  authority to seek the relief in paragraph [b] (b) of  this  subdivision,
        A. 5317--B                          4
 
     1  and all civil penalties obtained in any such action shall be retained by
     2  the municipality or county in which such bin is placed.
     3    (b)  In every case where the court shall determine that a violation of
     4  this section has occurred, it may impose a civil  penalty  of  not  more
     5  than five thousand dollars for each violation.
     6    (i)  Any  bin  not  in  compliance  with the provisions related to the
     7  display of information or unpermitted placement shall subject the  owner
     8  of  such  bin  to a civil penalty of up to two hundred fifty dollars for
     9  the first offense, and a civil penalty of up to five hundred dollars for
    10  each subsequent offense within an eighteen month period.
    11    (ii) Any bin not in compliance with the maintenance  provisions  shall
    12  subject  the owner of such bin to a civil penalty of up to fifty dollars
    13  for the first offense, and a civil penalty of up to one hundred  dollars
    14  for each subsequent offense within an eighteen month period.
    15    (c)  It  shall  be a defense to the imposition of any civil penalty or
    16  any other remedy in an action brought to enforce the provisions of  this
    17  section  if  the  person  or  entity affixed a label as required by this
    18  section and such label was removed or defaced by vandals, provided  that
    19  such  person  or  entity  subsequently complies with the requirements of
    20  this section.
    21    (d) Nothing in this section shall be construed to restrict  any  right
    22  which any person may have under any other statute or the common law.
    23    §  2.    This  act  shall take effect on the one hundred eightieth day
    24  after it shall have become a law and shall apply to all publicly  acces-
    25  sible collection bins in place on the effective date of this act and all
    26  publicly  accessible  collection bins placed subsequent to the effective
    27  date of this act.