S T A T E O F N E W Y O R K
________________________________________________________________________
3375--A
2023-2024 Regular Sessions
I N A S S E M B L Y
February 2, 2023
___________
Introduced by M. of A. WOERNER, GUNTHER, LUNSFORD, BUTTENSCHON, KELLES,
MAHER, SIMPSON, STIRPE, McDONALD, WALLACE, LUPARDO, PAULIN, EPSTEIN,
EACHUS, SIMON, McMAHON, SHIMSKY, LEMONDES, BEEPHAN, BRABENEC, GRAY,
BLANKENBUSH, DAVILA, ANGELINO -- Multi-Sponsored by -- M. of A. HAWLEY
-- read once and referred to the Committee on Environmental Conserva-
tion -- recommitted to the Committee on Environmental Conservation in
accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the environmental conservation law, in relation to
registration as a redemption center and the handling fee paid to any
dealer or operator of a redemption center
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 6 of section 27-1007 of the environmental
conservation law, as added by section 4 of part SS of chapter 59 of the
laws of 2009, is amended to read as follows:
6. In addition to the refund value of a beverage container as estab-
lished by section 27-1005 of this title, a deposit initiator shall pay
to any dealer or operator of a redemption center a handling fee of
[three and one-half] FIVE cents for each beverage container accepted by
the deposit initiator from such dealer or operator of a redemption
center. Payment of the handling fee shall be as compensation for
collecting, sorting and packaging of empty beverage containers for
transport back to the deposit initiator or its designee. Payment of the
handling fee may not be conditioned on the purchase of any goods or
services, nor may such payment be made out of the refund value account
established pursuant to section 27-1012 of this title. A distributor who
does not initiate deposits on a type of beverage container is considered
a dealer only for the purpose of receiving a handling fee from a deposit
initiator.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07158-06-4
A. 3375--A 2
§ 2. Paragraphs a and c of subdivision 4 of section 27-1012 of the
environmental conservation law, as added by section 8 of part SS of
chapter 59 of the laws of 2009, are amended to read as follows:
a. Quarterly payments. An amount equal to [eighty] FORTY-SEVEN percent
of the balance outstanding in the refund value account at the close of
each quarter shall be paid to the commissioner of taxation and finance
at the time the report provided for in subdivision three of this section
is required to be filed. The commissioner of taxation and finance may
require that the payments be made electronically. The remaining [twen-
ty] FIFTY-THREE percent of the balance outstanding at the close of each
quarter shall be the monies of the deposit initiator and may be with-
drawn from such account by the deposit initiator. If the provisions of
this section with respect to such account have not been fully complied
with, each deposit initiator shall pay to such commissioner at such
time, in lieu of the amount described in the preceding sentence, an
amount equal to the balance which would have been outstanding on such
date had such provisions been fully complied with. The commissioner of
taxation and finance may require that the payments be made electron-
ically.
c. Final report. A deposit initiator who ceases to do business in this
state as a deposit initiator shall file a final report and remit payment
of [eighty] FORTY-SEVEN percent of all amounts remaining in the refund
value account as of the close of the deposit initiator's last day of
business. The commissioner of taxation and finance may require that the
payments be made electronically. The deposit initiator shall indicate on
the report that it is a "final report". The final report is due to be
filed with payment twenty days after the close of the quarterly period
in which the deposit initiator ceases to do business. In the event the
deposit initiator pays out more in refund values than it collects in
such final quarterly period, the deposit initiator may apply to the
commissioner of taxation and finance for a refund of the amount of such
excess payment of refund values from sources other than the refund value
account, in the manner as provided by the commissioner of taxation and
finance.
§ 3. Section 27-1013 of the environmental conservation law, as
amended by section 7 of part F of chapter 58 of the laws of 2013, is
amended to read as follows:
§ 27-1013. Redemption centers.
1. (A) (I) AS OF THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO
THOUSAND TWENTY-FOUR THAT AMENDED THIS SECTION AND SUBJECT TO APPLICABLE
PROVISIONS OF LOCAL AND STATE LAW, ANY PERSON, FIRM OR CORPORATION WHICH
ESTABLISHES A REDEMPTION CENTER, AT WHICH REDEEMERS AND DEALERS MAY
RETURN EMPTY BEVERAGE CONTAINERS AND RECEIVE PAYMENT OF THE REFUND VALUE
OF SUCH BEVERAGE CONTAINERS, SHALL SUBMIT AN APPLICATION TO THE COMMIS-
SIONER FOR REGISTRATION AS A CONDITION OF OPERATION.
(II) ANY REDEMPTION CENTER IN BUSINESS ON OR BEFORE APRIL FIRST, TWO
THOUSAND TWENTY-FOUR MAY CONTINUE TO OPERATE AS IF THE DEPARTMENT HAD
ISSUED SUCH REDEMPTION CENTER A REGISTRATION REQUIRED BY REGULATIONS
ADOPTED UNDER THIS SECTION; PROVIDED, HOWEVER, THAT SUCH REDEMPTION
CENTER SHALL SUBMIT A RENEWAL APPLICATION TO THE COMMISSIONER IN ACCORD-
ANCE WITH APPLICABLE REGULATIONS BY THE THIRTY-FIRST OF DECEMBER NEXT
SUCCEEDING THE EFFECTIVE DATE OF THIS SUBPARAGRAPH.
(III) AN APPLICATION FOR REGISTRATION OR RENEWAL SHALL BE IN A FORM
PRESCRIBED BY THE COMMISSIONER AND SHALL, AT A MINIMUM, REQUIRE THE NAME
AND PHYSICAL ADDRESS OF THE REDEMPTION CENTER, THE NAME, ADDRESS AND
CONTACT INFORMATION OF THE OWNER AND/OR OPERATOR OF THE REDEMPTION
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CENTER, THE NAMES AND ADDRESSES OF EACH DEALER OR DISTRIBUTOR WITH WHICH
THE REDEMPTION CENTER HAS CONTRACTED TO COLLECT, SORT AND OBTAIN THE
REFUND VALUE AND HANDLING FEE OF EMPTY BEVERAGE CONTAINERS, AS APPLICA-
BLE, THE NUMBER OF BEVERAGE CONTAINERS REDEEMED BY THE REDEMPTION CENTER
DURING THE PRECEDING TWELVE MONTHS, AS APPLICABLE, AND SUCH OTHER INFOR-
MATION AS THE COMMISSIONER DEEMS NECESSARY FOR PROPER ADMINISTRATION OF
THIS TITLE. THE COMMISSIONER MAY REQUIRE APPLICATIONS FOR REGISTRATION
TO BE SUBMITTED ELECTRONICALLY. THE COMMISSIONER SHALL ELECTRONICALLY
ISSUE A REDEMPTION CENTER REGISTRATION CERTIFICATE OR RENEWAL CERTIF-
ICATE IN A FORM PRESCRIBED BY THE COMMISSIONER WITHIN THIRTY DAYS OF
RECEIPT OF SUCH APPLICATION. A REGISTRATION CERTIFICATE OR RENEWAL
CERTIFICATE ISSUED PURSUANT TO THIS SUBDIVISION SHALL BE ISSUED FOR ONE
YEAR AND SHALL BE SUBJECT TO ANNUAL RENEWAL IN ACCORDANCE WITH PROCE-
DURES SPECIFIED BY THE COMMISSIONER.
(IV) ANY REGISTERED REDEMPTION CENTER THAT CEASES OPERATIONS SHALL
NOTIFY THE COMMISSIONER OF SUCH CESSATION IN WRITING WITHIN THIRTY DAYS
IN A FORM PRESCRIBED BY THE COMMISSIONER.
(B) THE COMMISSIONER SHALL ISSUE A REGISTRATION OR RENEWAL WITHIN
THIRTY DAYS OF THE SUBMISSION OF AN APPLICATION BY A PERSON, FIRM OR
CORPORATION WHICH ESTABLISHES A REDEMPTION CENTER IN ACCORDANCE WITH THE
PROVISIONS OF THIS SECTION, SUBJECT TO APPLICABLE PROVISIONS OF LOCAL
AND STATE LAWS. AN APPLICATION FOR REGISTRATION OR RENEWAL SHALL BE
DEEMED APPROVED IF THE DEPARTMENT FAILS TO ACT ON SUCH APPLICATION WITH-
IN THIRTY DAYS OF SUBMISSION. REGISTRATIONS AND RENEWALS SHALL BE ISSUED
AT NO COST TO THE APPLICANT. THE COSTS ATTRIBUTABLE TO THE DEPARTMENT
FOR THE REVIEW AND PROCESSING OF REGISTRATION AND RENEWAL APPLICATIONS
PURSUANT TO THIS SECTION SHALL BE PAID FOR OUT OF THE STATE'S PORTION OF
THE OUTSTANDING BALANCE IN THE REFUND VALUE ACCOUNT WHICH IS REGULARLY
DEPOSITED INTO THE GENERAL FUND IN ACCORDANCE WITH SECTION 27-1012 OF
THIS TITLE.
(C) AFTER DUE NOTICE AND OPPORTUNITY OF HEARING, PURSUANT TO THE
PROVISIONS OF SECTION 71-1709 OF THIS CHAPTER, THE DEPARTMENT MAY DENY
AN APPLICATION FOR REGISTRATION OR RENEWAL OR REVOKE A REGISTRATION. IN
DETERMINING WHETHER OR NOT TO REVOKE A REGISTRATION, THE COMMISSIONER
SHALL, AT A MINIMUM, TAKE INTO CONSIDERATION THE COMPLIANCE HISTORY OF
AN APPLICANT, GOOD FAITH EFFORTS OF AN APPLICANT TO COMPLY, ANY ECONOMIC
BENEFIT FROM NONCOMPLIANCE AND WHETHER ANY VIOLATION WAS PROCEDURAL IN
NATURE. THE COMMISSIONER'S DETERMINATION TO REVOKE A REGISTRATION IS
SUBJECT TO REVIEW UNDER ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW
AND RULES.
(D) ANY PERSON, FIRM OR CORPORATION REQUIRED TO BE REGISTERED UNDER
THIS SECTION WHICH, WITHOUT BEING REGISTERED, REDEEMS BEVERAGE CONTAIN-
ERS IN THIS STATE, SHALL NOT BE ELIGIBLE TO RECEIVE A HANDLING FEE FOR
ANY SUCH REDEEMED BEVERAGE CONTAINERS, AND IF SUCH PERSON, FIRM OR
CORPORATION HAS RECEIVED SUCH A HANDLING FEE, IT SHALL BE PROMPTLY
REFUNDED.
(E) THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS GOVERNING
THE PERFORMANCE OF AUDITS IN CONNECTION WITH PICK-UPS OF REDEEMED BEVER-
AGE CONTAINERS. SUCH AUDITS SHALL BE CONDUCTED BY THE DEPARTMENT AT THE
REQUEST OF A DISTRIBUTOR, DEPOSIT INITIATOR, REDEMPTION CENTER OR DEAL-
ER, UPON NO LESS THAN TWO BUSINESS DAYS' NOTICE, TO MONITOR BEVERAGE
CONTAINER PICK-UPS AND PARTY COMPLIANCE WITH THE PROVISIONS OF THIS
CHAPTER. A DISTRIBUTOR, DEPOSIT INITIATOR, REDEMPTION CENTER OR DEALER
MAY REQUEST THE DEPARTMENT TO CONDUCT AN AUDIT NO MORE THAN TEN TIMES
PER CALENDAR YEAR WITH RESPECT TO EACH PICK UP AGENT OR REDEMPTION
CENTER WITH WHICH THE REQUESTER CONDUCTS PICK UP TRANSACTIONS. SUCH
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AUDITS SHALL, AT A MINIMUM, INCLUDE THE FOLLOWING PARAMETERS: (I) ALL
AUDITS SHALL BE CONDUCTED ON AN ENTIRE PICK-UP SHIPMENT AT ONE OF TWO
LOCATIONS, INCLUDING AT THE SITE OF SUCH REDEMPTION CENTER OR SITE AT
WHICH SUCH PICK UP SHIPMENT OF REDEEMED BEVERAGE CONTAINERS IS DELIVERED
AND COUNTED; (II) A DEPARTMENT AUDITOR SHALL BE PRESENT AT THE REDEMP-
TION CENTER AT WHICH SUCH AUDIT SHALL BE PERFORMED TO WITNESS THE WEIGH-
ING OF ALL INDIVIDUAL BAGS OF BEVERAGE CONTAINERS INCLUDED IN THE PICK-
UP TRANSACTION; (III) A DEPARTMENT INSPECTOR SHALL BE PRESENT AT THE
DELIVERY/COUNTING SITE OF SUCH PICK UP SHIPMENT OF REDEEMED BEVERAGE
CONTAINERS AT THE TIME OF SUCH AUDIT TO WITNESS THE COUNTING OF CONTAIN-
ERS; AND (IV) THERE SHALL BE A SECURE CHAIN OF CUSTODY BETWEEN THE PICK-
UP LOCATION AND POINT OF DELIVERY/COUNTING THAT SHALL REMAIN SECURED
UNTIL AUDITED IN THE PRESENCE OF THE DEPARTMENT'S AUDITOR. AUDIT RESULTS
SHALL BE PROMPTLY REPORTED TO THE DISTRIBUTOR, DEPOSIT INITIATOR,
REDEMPTION CENTER AND/OR DEALER WHOSE PICK UP TRANSACTION IS THE SUBJECT
OF SUCH AUDIT.
2. The commissioner is hereby empowered to promulgate rules and regu-
lations governing (a) the circumstances in which deposit initiators,
dealers and distributors, individually or collectively, are required to
accept the return of empty beverage containers, including beverage
containers processed through reverse vending machines and make payment
therefor; (b) the sorting of the containers which a deposit initiator or
distributor may require of dealers and redemption centers; (c) the
collection of returned beverage containers by deposit initiators or
distributors, including the party to whom such expense is to be charged,
the frequency of such pick ups and the payment for refunds and handling
fees thereon; (d) the right of dealers to restrict or limit the number
of containers redeemed, the rules for redemption at the dealers' place
of business, and the redemption of containers from a beverage for which
sales have been discontinued; (e) [to issue] registrations AND RENEWALS
ISSUED to persons, firms or corporations which establish redemption
centers, subject to applicable provisions of local and state laws, at
which redeemers and dealers may return empty beverage containers and
receive payment of the refund value of such beverage containers[. Such
registrations shall be issued at no cost. Should the department require
by regulations adopted pursuant to this paragraph that redemption
centers must obtain a registration as a condition of operation, any
redemption center in business as of March first, two thousand thirteen
that previously provided the department with the notification informa-
tion required by regulations in effect as of such date may continue to
operate as if the department had issued such redemption center a regis-
tration required by regulations adopted under this paragraph; provided,
however, that such redemption center shall provide the department with
any other information required by regulations adopted pursuant to this
paragraph. The department may, after due notice and opportunity of
hearing, pursuant to the provisions of section 71-1709 of this chapter,
deny an application or revoke a registration. In determining whether or
not to revoke a registration the commissioner shall at a minimum, take
into consideration the compliance history of a violator, good faith
efforts of a violator to comply, any economic benefit from noncompliance
and whether the violation was procedural in nature. The commissioner's
determination to revoke a registration is subject to review under arti-
cle seventy-eight of the civil practice law and rules]; and (f) the
operation of mobile redemption centers in order to ensure that to the
best extent practicable containers are not proffered for redemption to a
A. 3375--A 5
deposit initiator or distributor outside of the geographic area where
such deposit initiator sells containers and initiates deposits.
[2.] 3. The department may require a redemption center to obtain a
permit, as an alternative to registration if such center is located at
the same facility or site as another solid waste management facility
otherwise subject to the requirements of title seven of this article or
the regulations promulgated pursuant thereto.
[3.] 4. No dealer or distributor, as defined in section 27-1003 of
this title, shall be required to obtain a permit to operate a redemption
center at the same location as the dealer's or distributor's place of
business. Operators of such redemption centers shall receive payment of
the refund value of each beverage container from the appropriate deposit
initiator or distributor as provided under section 27-1007 of this
title.
[4.] 5. Each dealer and redemption center shall require any person
tendering for redemption more than two thousand five hundred containers
at one time to such dealer or redemption center to provide such person's
name and address and the license plate of the vehicle used to transport
the containers, or, in the case of an agent or employee of a not-for-
profit corporation, a sales tax exemption certificate. The dealer or
redemption center redeeming the beverage containers shall keep the
information on file for a minimum of twelve months and provide same to
the department upon request.
§ 4. Subdivisions 2, 3 and 4 of section 27-1015 of the environmental
conservation law, as amended by section 8 of part F of chapter 58 of the
laws of 2013, are amended and two new subdivisions 4-a and 4-b are added
to read as follows:
2. Any distributor, deposit initiator, redemption center or dealer who
violates any provision of this title, except as provided in section
27-1012 AND PARAGRAPH (D) OF SUBDIVISION ONE OF SECTION 27-1013 of this
title AND SUBDIVISIONS THREE, FOUR, FOUR-A AND FOUR-B OF THIS SECTION,
shall be liable to the state of New York for a civil penalty of not more
than one thousand dollars, and an additional civil penalty of not more
than one thousand dollars for each day during which each such violation
continues. Any civil penalty may be assessed following a hearing or
opportunity to be heard.
3. It shall be unlawful for a distributor, or deposit initiator,
REDEMPTION CENTER OR DEALER, acting alone or aided by another, to return
any empty beverage container to a dealer or redemption center for its
refund value if the distributor, or deposit initiator, REDEMPTION CENTER
OR DEALER RETURNING THE EMPTY BEVERAGE CONTAINER had KNOWINGLY previous-
ly accepted such beverage container from any dealer or operator of a
redemption center or if THE DISTRIBUTOR, DEPOSIT INITIATOR, REDEMPTION
CENTER OR DEALER RETURNING THE EMPTY BEVERAGE CONTAINER KNOWS THAT such
container was previously accepted by a reverse vending machine. A
violation of this subdivision shall be a misdemeanor punishable by a
fine of not less than five hundred dollars nor more than one thousand
dollars and an amount equal to two times the amount of money received as
a result of such violation. A DISTRIBUTOR, DEPOSIT INITIATOR, REDEMPTION
CENTER OR DEALER WHICH COMMITS A SUBSEQUENT VIOLATION OF THIS SUBDIVI-
SION SHALL BE LIABLE TO THE STATE OF NEW YORK FOR A CIVIL PENALTY OF NOT
LESS THAN ONE THOUSAND DOLLARS NOR MORE THAN FIVE THOUSAND DOLLARS, AN
AMOUNT EQUAL TO TWO TIMES THE AMOUNT OF MONEY RECEIVED AS A RESULT OF
SUCH VIOLATION AND A REVOCATION OF THE REDEMPTION CENTER'S REGISTRATION
OR, AS APPLICABLE, A WITHHOLDING OF AN EQUIVALENT AMOUNT FROM THE
DISTRIBUTOR'S, DEPOSIT INITIATOR'S OR DEALER'S REFUND VALUE ACCOUNT, AS
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SET FORTH IN SECTION 27-1012 OF THIS TITLE, ADMINISTERED BY THE COMMIS-
SIONER OF TAXATION AND FINANCE. ANY CIVIL PENALTY MAY BE ASSESSED
FOLLOWING A HEARING OR OPPORTUNITY TO BE HEARD.
4. Any person who willfully tenders to a dealer, distributor, redemp-
tion center or deposit initiator more than forty-eight empty beverage
containers for which such person knows or should reasonably know that no
deposit was paid in New York state may be assessed by the department a
civil penalty of up to one hundred dollars for each container or up to
twenty-five thousand dollars for each such tender of containers. A
SUBSEQUENT VIOLATION OF THIS SECTION MAY RESULT IN A CIVIL PENALTY OF UP
TO FIFTY THOUSAND DOLLARS. ANY CIVIL PENALTY MAY BE ASSESSED FOLLOWING
A HEARING OR OPPORTUNITY TO BE HEARD. At each location where a person
tenders containers for redemption, dealers and redemption centers must
conspicuously display a sign in letters that are at least one inch in
height with the following information: "WARNING: Persons tendering for
redemption containers on which a deposit was never paid in this state
may be subject to a civil penalty of up to one hundred dollars per
container or up to twenty-five thousand dollars for each such tender of
containers." Any civil penalty may be assessed following a hearing or
opportunity to be heard.
4-A. ANY REDEMPTION CENTER WHICH WILLFULLY TENDERS TO A DEPOSIT INITI-
ATOR MORE THAN FORTY-EIGHT EMPTY BEVERAGE CONTAINERS FOR WHICH SUCH
REDEMPTION CENTER KNOWS OR SHOULD REASONABLY KNOW THAT NO DEPOSIT WAS
PAID IN NEW YORK STATE MAY BE ASSESSED BY THE DEPARTMENT A CIVIL PENALTY
OF UP TO ONE HUNDRED DOLLARS FOR EACH CONTAINER OR UP TO TWENTY-FIVE
THOUSAND DOLLARS FOR EACH SUCH TENDER OF CONTAINERS. A SUBSEQUENT
VIOLATION OF THIS SECTION MAY RESULT IN A CIVIL PENALTY OF UP TO FIFTY
THOUSAND DOLLARS AND REVOCATION OF SUCH REDEMPTION CENTER'S REGISTRA-
TION. ANY CIVIL PENALTY MAY BE ASSESSED FOLLOWING A HEARING OR OPPORTU-
NITY TO BE HEARD.
4-B. (A) A DEPOSIT INITIATOR WHICH UPON AUDIT DISCOVERS THAT A REDEMP-
TION CENTER REPORTED MORE BEVERAGE CONTAINERS THAN WERE ACTUALLY PHYS-
ICALLY TENDERED SHALL PROVIDE WRITTEN NOTICE TO THE REDEMPTION CENTER OF
SUCH SHORTFALL AND SHALL PROVIDE A REFUND BASED ON THE ACTUAL TENDERED
AMOUNT, PROVIDED THAT IF SUCH AUDIT REVEALS A DISCREPANCY BETWEEN THE
REDEMPTION CENTER'S REPORTED NUMBER OF BEVERAGE CONTAINERS AND THE ACTU-
AL PHYSICAL COUNT OF TEN PERCENT OR GREATER, THE DEPOSIT INITIATOR MAY
WITHHOLD UP TO FIFTY PERCENT OF THE HANDLING FEE OTHERWISE PAYABLE TO
THE REDEMPTION CENTER FOR SUCH TENDER, AND PROVIDED FURTHER THAT UPON
ANY SUBSEQUENT AUDIT WHICH PRODUCES A DISCREPANCY OF TEN PERCENT OR
MORE, THE DEPOSIT INITIATOR MAY WITHHOLD UP TO ONE HUNDRED PERCENT OF
THE HANDLING FEE OTHERWISE PAYABLE TO SUCH REDEMPTION CENTER. NOTWITH-
STANDING ANY OTHER PROVISIONS OF THIS TITLE, ANY FUNDS WITHHELD BY A
DEPOSIT INITIATOR PURSUANT TO THIS PARAGRAPH MAY BE RETAINED BY THE
DEPOSIT INITIATOR TO DEFRAY THE COSTS OF THE AUDITING PROCESS.
(B) A REDEMPTION CENTER WHICH UPON AUDIT DISCOVERS THAT A DEPOSIT
INITIATOR UNDERREPORTED THE NUMBER OF BEVERAGE CONTAINERS THAT WERE
ACTUALLY PHYSICALLY TENDERED SHALL PROVIDE WRITTEN NOTICE TO THE DEPOSIT
INITIATOR OF SUCH SHORTFALL AND SHALL RECEIVE PAYMENT FROM THE DEPOSIT
INITIATOR BASED ON THE ACTUAL TENDERED AMOUNT, PROVIDED THAT IF SUCH
AUDIT REVEALS A DISCREPANCY BETWEEN THE DEPOSIT INITIATOR'S REPORTED
NUMBER OF BEVERAGE CONTAINERS AND THE ACTUAL PHYSICAL COUNT OF TEN
PERCENT OR GREATER, THE REDEMPTION CENTER SHALL BE PAID ONE HUNDRED
FIFTY PERCENT OF THE HANDLING FEE OTHERWISE PAYABLE TO THE REDEMPTION
CENTER FOR SUCH TENDER, AND PROVIDED FURTHER THAT UPON ANY SUBSEQUENT
AUDIT WHICH PRODUCES A DISCREPANCY OF TEN PERCENT OR MORE, THE REDEMP-
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TION CENTER SHALL BE PAID TWO HUNDRED PERCENT OF THE HANDLING FEE OTHER-
WISE PAYABLE TO SUCH REDEMPTION CENTER.
§ 5. This act shall take effect on the thirtieth day after it shall
have become a law.