S03419 Summary:

BILL NOS03419A
 
SAME ASNo Same As
 
SPONSORMANNION
 
COSPNSRGALLIVAN, PARKER
 
MLTSPNSR
 
 
Establishes the bottle redemption fraud task force to provide the governor and the legislature with information on the fraud, enforcement, and reporting requirements related to the New York state returnable container act.
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S03419 Actions:

BILL NOS03419A
 
01/31/2023REFERRED TO ENVIRONMENTAL CONSERVATION
02/07/20231ST REPORT CAL.317
02/08/20232ND REPORT CAL.
02/13/2023ADVANCED TO THIRD READING
03/13/2023AMENDED ON THIRD READING 3419A
04/25/2023PASSED SENATE
04/25/2023DELIVERED TO ASSEMBLY
04/25/2023referred to environmental conservation
01/03/2024died in assembly
01/03/2024returned to senate
01/03/2024REFERRED TO ENVIRONMENTAL CONSERVATION
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S03419 Committee Votes:

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S03419 Floor Votes:

There are no votes for this bill in this legislative session.
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S03419 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         3419--A
            Cal. No. 317
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                    January 31, 2023
                                       ___________
 
        Introduced  by  Sens. MANNION, PARKER -- read twice and ordered printed,
          and when printed to be committed to  the  Committee  on  Environmental
          Conservation  --  reported  favorably  from said committee, ordered to
          first and second report, ordered  to  a  third  reading,  amended  and
          ordered reprinted, retaining its place in the order of third reading
 
        AN  ACT to establish the bottle redemption fraud task force; and provid-
          ing for the repeal of such provisions upon the expiration thereof
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  The  legislature hereby establishes the bottle redemption
     2  fraud task force (referred  to  hereinafter  as  the  "task  force")  to
     3  conduct  a  comprehensive study of the fraud, enforcement, and reporting
     4  requirements related to the New York state returnable container act.
     5    § 2. (a) Such task force shall consist of seventeen members that shall
     6  be appointed as follows:  the state attorney general or  his/her  desig-
     7  nee;  the  commissioner  of  the  department  of taxation and finance or
     8  his/her designee; the commissioner of the  department  of  environmental
     9  conservation  or  his/her  designee;  the  state  comptroller or his/her
    10  designee; the chairman of the state liquor authority or  his/her  desig-
    11  nee;  the  commissioner  of the department of agriculture and markets or
    12  his/her designee; one member shall be appointed by the  district  attor-
    13  neys  association  of  the  state  of  New  York;  two  members shall be
    14  appointed by the temporary president of the senate and two members shall
    15  be appointed by the speaker of the assembly, one shall be an  individual
    16  who represents a municipality, one shall be an individual who represents
    17  a deposit initiator, one shall be an individual who represents a redemp-
    18  tion  center,  and one shall be an individual who represents a wholesale
    19  distributor; one member shall be appointed by the minority leader of the
    20  senate and one member shall be appointed by the minority leader  of  the
    21  assembly,  one  shall be an individual who represents a municipality and
    22  one shall be an individual who represents a redemption center;  and four
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07104-02-3

        S. 3419--A                          2
 
     1  members shall be appointed by the governor, one shall be  an  individual
     2  who  represents  a  deposit initiator and one shall be an individual who
     3  represents a retailer.
     4    (b) The task force shall be chaired by the attorney general or his/her
     5  designee thereof.
     6    (c)  Members of the task force shall receive no compensation for their
     7  services but shall be reimbursed for their actual expenses  incurred  in
     8  the performance of their duties in the work of the task force.
     9    (d)  Appointed  members shall, to the greatest extent practicable have
    10  by education or experience, knowledge of organized retail theft.
    11    (e) The task force is authorized to audit any reverse vending machine.
    12    § 3. Appointments shall be made within 60 days of the  effective  date
    13  of  this act. Any vacancies in the membership of the task force shall be
    14  filled in the same manner provided for in the initial appointment.
    15    § 4. The task force may  consult  with  any  organization,  government
    16  entity,  or  person,  in  the  development  of its report required under
    17  section five of this act.
    18    § 5. On or before one year after the effective date of this  act,  the
    19  task  force shall submit to the governor, the temporary president of the
    20  senate and the speaker of the assembly  a  report  containing,  but  not
    21  limited to, the following information based on available data:
    22    (a)  A  review  of  laws  and regulations regarding the New York state
    23  returnable container act  and  relevant  civil  and  criminal  penalties
    24  related to the act;
    25    (b)  The  need  for  interagency  coordination  of  public  education,
    26  outreach, and prevention programs for retail stores, redemption centers,
    27  municipalities, agents acting on behalf of the deposit  initiators  that
    28  provide pickup services, and any other identified entities;
    29    (c) The fiscal impact of fraudulent bottle redemptions and deposits in
    30  the state of New York;
    31    (d)  The  status of current enforcement efforts and recommendations on
    32  what could be done to improve enforcement,  including  the  addition  of
    33  more employees;
    34    (e) A review of inter-state bottle redemption fraud, including, to the
    35  extent  practicable, information on the number of containers that origi-
    36  nate from out-of-state shipments and a review of the practice of redeem-
    37  ing beverage containers purchased out-of-state; and
    38    (f) Recommended legislative, regulatory and enforcement  solutions  to
    39  address  fraudulent  bottle redemptions and deposits, including, but not
    40  limited to, inter-state initiatives.
    41    § 6. This act shall take effect immediately and shall expire 24 months
    42  after it shall have become a law when upon such date the  provisions  of
    43  this act shall be deemed repealed.
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