S T A T E O F N E W Y O R K
________________________________________________________________________
7558--A
I N S E N A T E
April 21, 2010
___________
Introduced by Sen. ADDABBO -- read twice and ordered printed, and when
printed to be committed to the Committee on Consumer Protection --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the general business law, in relation to disclosures
required for certain solicitations by container
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The general business law is amended by adding a new section
399-bbb to read as follows:
S 399-BBB. SOLICITATIONS BY CONTAINER; DISCLOSURES. 1. AS USED IN THIS
SECTION THE TERM "COLLECTION CONTAINER" SHALL MEAN AN UNATTENDED CANIS-
TER, BOX, RECEPTACLE, OR SIMILAR DEVICE, USED FOR THE SOLICITATION AND
COLLECTION OF PERSONAL PROPERTY, NOT INCLUDING MONEY OR EVIDENCES OF
DEBT. SUCH TERM SHALL NOT INCLUDE AN UNATTENDED CANISTER, BOX, RECEPTA-
CLE, OR SIMILAR DEVICE, USED EXCLUSIVELY FOR THE COLLECTION OF USED
PAPER, CARDBOARD, MOTOR OIL, BOTTLES, CANS OR OTHER RECEPTACLES OR MATE-
RIALS, NOT INCLUDING TEXTILES, FOR RECYCLING OR WASTE DIVERSION
PURPOSES.
2. ANY PERSON, BUSINESS, NOT-FOR-PROFIT ORGANIZATION OR OTHER ENTITY
OR ENTITIES, OR AN AGENT OR AGENTS, WHETHER PAID OR NOT PAID, OF SUCH
PERSON, BUSINESS, NOT-FOR-PROFIT ORGANIZATION OR OTHER ENTITY, WHO PLAC-
ES A COLLECTION CONTAINER IN A PUBLIC PLACE ON PUBLIC OR PRIVATE PROPER-
TY SHALL AFFIX TO THE COLLECTION CONTAINER A LABEL THAT IS DESIGNED TO
BE INCAPABLE OF BEING DESTROYED OR REMOVED AND THAT CLEARLY AND CONSPIC-
UOUSLY DISPLAYS IN AT LEAST TWENTY-FOUR POINT TYPE UNLESS OTHERWISE
SPECIFIED IN THIS SECTION AND ON THE FRONT OF THE COLLECTION CONTAINER
IN A MANNER THAT IS READILY VISIBLE TO AN INDIVIDUAL PLACING PROPERTY IN
THE COLLECTION CONTAINER THE FOLLOWING:
(A) THE NAME OF THE PERSON, BUSINESS, NOT-FOR-PROFIT ORGANIZATION OR
OTHER ENTITY WHICH OWNS THE COLLECTION CONTAINER AND ANY AGENT THEREOF;
THE LEGAL ADDRESS AND TELEPHONE NUMBER OF SUCH PERSON, BUSINESS,
NOT-FOR-PROFIT ORGANIZATION OR OTHER ENTITY AND ANY AGENT THEREOF WHERE
THE OWNER OF THE COLLECTION CONTAINER OR ITS AGENT CAN BE REACHED DURING
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16925-03-0
S. 7558--A 2
ORDINARY BUSINESS HOURS; ANY REGISTRATIONS REQUIRED BY STATE OR LOCAL
LAW OF SUCH PERSON, BUSINESS, NOT-FOR-PROFIT ORGANIZATION OR OTHER ENTI-
TY AND ANY AGENT THEREOF; AND A STATEMENT THAT SHALL TAKE THE FOLLOWING
FORM: FOR MORE INFORMATION, CONTACT THE DEPARTMENT OF LAW AT (INSERT THE
CURRENT TELEPHONE NUMBER ESTABLISHED BY THE DEPARTMENT OF LAW FOR
RECEIVING INQUIRIES FROM CONSUMERS) OR (INSERT THE CURRENT ADDRESS OF
THE WEBSITE OF THE DEPARTMENT OF LAW). IF MORE THAN ONE PERSON, BUSI-
NESS, NOT-FOR-PROFIT ORGANIZATION OR OTHER ENTITY OWN THE COLLECTION
CONTAINER, ALL OF THE OWNERS' NAMES, LEGAL ADDRESSES, TELEPHONE NUMBERS
AND ANY REGISTRATIONS REQUIRED BY STATE OR LOCAL LAW OF SUCH OWNERS
SHALL BE INCLUDED IN THE DISCLOSURE LABEL. IF MORE THAN ONE AGENT
REPRESENTS AN OWNER OF THE COLLECTION CONTAINER, ALL OF THE AGENTS'
NAMES, LEGAL ADDRESSES, TELEPHONE NUMBERS AND ANY REGISTRATIONS REQUIRED
BY STATE OR LOCAL LAW OF SUCH OWNERS SHALL BE INCLUDED IN THE DISCLOSURE
LABEL; AND
(B) A STATEMENT ABOUT THE PURPOSE OR PURPOSES FOR THE PROPERTY
COLLECTED IN THE CONTAINER USING LETTERS NO LESS THAN TWO INCHES IN
HEIGHT AS FOLLOWS:
(I) IF ALL OF THE PROPERTY PLACED IN THE COLLECTION CONTAINER IS
DIRECTED TO A NON-BUSINESS PURPOSE OR PURPOSES AS DESCRIBED IN PARAGRAPH
(B) OF SECTION TWO HUNDRED ONE OF THE NOT-FOR-PROFIT CORPORATION LAW OR,
IF THE PROPERTY IS SOLD AND ALL PROCEEDS OF SUCH SALE ARE DIRECTED TO A
NON-BUSINESS PURPOSE OR PURPOSES DESCRIBED IN PARAGRAPH (B) OF SECTION
TWO HUNDRED ONE OF THE NOT-FOR-PROFIT CORPORATION LAW, THE LABEL AFFIXED
TO THE COLLECTION CONTAINER PURSUANT TO THIS SECTION SHALL STATE:
DONATED ITEMS WILL BE USED FOR CHARITABLE PURPOSES
THE VALUE OF ITEMS PLACED IN THIS CONTAINER IS TAX-DEDUCTIBLE.
OR
(II) IF ALL OF THE PROPERTY PLACED IN THE COLLECTION CONTAINER IS NOT
DIRECTED TO A NON-BUSINESS PURPOSE OR PURPOSES AS DESCRIBED IN PARAGRAPH
(B) OF SECTION TWO HUNDRED ONE OF THE NOT-FOR-PROFIT CORPORATION LAW, OR
IF THE PROPERTY IS SOLD, AND ALL PROCEEDS OF SUCH SALE ARE NOT DIRECTED
TO A NON-BUSINESS PURPOSE OR PURPOSES DESCRIBED IN PARAGRAPH (B) OF
SECTION TWO HUNDRED ONE OF THE NOT-FOR-PROFIT CORPORATION LAW, THE LABEL
AFFIXED TO THE COLLECTION CONTAINER PURSUANT TO THIS SECTION SHALL
STATE:
DONATED ITEMS WILL BE USED FOR PROFIT
THE VALUE OF ITEMS PLACED IN THIS CONTAINER IS NOT TAX-DEDUCTIBLE.
3. THE OWNER OF A COLLECTION CONTAINER SHALL OBTAIN WRITTEN CONSENT
FROM THE OWNER OR LESSEE OF THE PROPERTY WHERE THE COLLECTION CONTAINER
IS LOCATED, OR THE OWNER OR LESSEE'S AUTHORIZED AGENT, STATING THAT THE
OWNER OF THE COLLECTION CONTAINER HAS RECEIVED PERMISSION TO PLACE THE
BOX ON THE PROPERTY. UPON REQUEST OF ANY LOCAL JURISDICTION, DOCUMENTA-
TION EVIDENCING THE WRITTEN CONSENT SHALL BE MADE AVAILABLE BY THE OWNER
OF THE COLLECTION CONTAINER.
4. (A) ANY VIOLATION OF THE PROVISIONS OF THIS SECTION SHALL BE DEEMED
A DECEPTIVE PRACTICE WITHIN THE MEANING OF SECTION THREE HUNDRED FORTY-
NINE OF THIS CHAPTER AND ANY REMEDY PROVIDED THEREIN SHALL BE AVAILABLE
FOR THE ENFORCEMENT OF THIS SECTION. IN ADDITION, THE DISTRICT ATTORNEY,
COUNTY ATTORNEY, AND THE CORPORATION COUNSEL SHALL HAVE CONCURRENT
AUTHORITY TO SEEK THE RELIEF IN PARAGRAPH B OF THIS SUBDIVISION, AND ALL
CIVIL PENALTIES OBTAINED IN ANY SUCH ACTION SHALL BE RETAINED BY THE
MUNICIPALITY OR COUNTY.
(B) IN EVERY CASE WHERE THE COURT SHALL DETERMINE THAT A VIOLATION OF
THIS SECTION HAS OCCURRED, IT MAY IMPOSE A CIVIL PENALTY OF NOT MORE
THAN FIVE THOUSAND DOLLARS FOR EACH VIOLATION.
S. 7558--A 3
(C) IT SHALL BE A DEFENSE TO THE IMPOSITION OF ANY CIVIL PENALTY OR
ANY OTHER REMEDY IN AN ACTION BROUGHT TO ENFORCE THE PROVISIONS OF THIS
SECTION IF THE PERSON OR ENTITY AFFIXED A LABEL AS REQUIRED BY THIS
SECTION AND SUCH LABEL WAS REMOVED OR DEFACED BY VANDALS, PROVIDED THAT
SUCH PERSON OR ENTITY SUBSEQUENTLY COMPLIES WITH THE REQUIREMENTS OF
THIS SECTION.
(D) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO RESTRICT ANY RIGHT
WHICH ANY PERSON MAY HAVE UNDER ANY OTHER STATUTE OR THE COMMON LAW.
S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law and shall apply to all collection containers
in place on the effective date of this act and all collection containers
placed subsequent to the effective date of this act.