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Senate Bill S7558

Signed By Governor

2009-2010 Legislative Session

Relates to disclosures required for certain solicitations by container

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Archive: Last Bill Status Via A10766 - Signed by Governor

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Votes

Bill Amendments

2009-S7558 - Details

Law Section:
General Business Law
Laws Affected:
Add §350-c-1, Gen Bus L

2009-S7558 - Summary

Relates to disclosures required for certain solicitations by container.

2009-S7558 - Sponsor Memo

2009-S7558 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7558

                            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

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
350-c-1 to read as follows:
  S 350-C-1. SOLICITATIONS BY CONTAINER;  DISCLOSURES.  1.  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 PLACES A CONTAINER IN A
PUBLIC PLACE ON PUBLIC OR PRIVATE PROPERTY FOR THE SOLICITATION OF PROP-
ERTY OF ANY KIND SHALL AFFIX TO THE CONTAINER A  LABEL  THAT  CANNOT  BE
DESTROYED  OR  REMOVED  AND  THAT CLEARLY AND CONSPICUOUSLY DISPLAYS THE
FOLLOWING:
  (A) THE NAME OF THE PERSON, BUSINESS, NOT-FOR-PROFIT  ORGANIZATION  OR
OTHER  ENTITY  WHICH OWNS THE 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 CONTAINER OR ITS AGENT  CAN  BE  REACHED  DURING  ORDINARY  BUSINESS
HOURS; AND ANY REGISTRATIONS REQUIRED BY STATE LAW OF SUCH PERSON, BUSI-
NESS, NOT-FOR-PROFIT ORGANIZATION OR OTHER ENTITY AND ANY AGENT THEREOF.
IF  MORE THAN ONE PERSON, BUSINESS, NOT-FOR-PROFIT ORGANIZATION OR OTHER
ENTITY OWN THE CONTAINER, ALL OF THE  OWNERS'  NAMES,  LEGAL  ADDRESSES,
TELEPHONE  NUMBERS  AND  ANY REGISTRATIONS REQUIRED BY STATE LAW OF SUCH
OWNERS SHALL BE INCLUDED IN THE DISCLOSURE LABEL. IF MORE THAN ONE AGENT
REPRESENTS AN OWNER OF THE CONTAINER, ALL OF THE  AGENTS'  NAMES,  LEGAL
ADDRESSES, TELEPHONE NUMBERS AND ANY REGISTRATIONS REQUIRED BY STATE 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 AS FOLLOWS:
  (I) IF ALL OF THE PROPERTY PLACED IN THE CONTAINER IS  DIRECTED  TO  A
NON-BUSINESS  PURPOSE  OR  PURPOSES  AS  DESCRIBED  IN  PARAGRAPH (B) OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

2009-S7558A (ACTIVE) - Details

Law Section:
General Business Law
Laws Affected:
Add §350-c-1, Gen Bus L

2009-S7558A (ACTIVE) - Summary

Relates to disclosures required for certain solicitations by container.

2009-S7558A (ACTIVE) - Sponsor Memo

2009-S7558A (ACTIVE) - Bill Text download pdf

                            
                    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.
              

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