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

                                   300

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by M. of A. MILLMAN -- Multi-Sponsored by -- M. of A. ABBATE,
  BENJAMIN,  BRENNAN, CAHILL, CAMARA, CANESTRARI, CLARK, COOK, DINOWITZ,
  ENGLEBRIGHT, ESPAILLAT, FIELDS, GABRYSZAK, GALEF,  GOTTFRIED,  GREENE,
  HOOPER,  HYER-SPENCER, JACOBS, JAFFEE, JEFFRIES, JOHN, KOON, V. LOPEZ,
  LUPARDO, MAISEL, MARKEY, MAYERSOHN, McENENY, ORTIZ, PERALTA,  PHEFFER,
  POWELL,  REILLY,  ROBINSON,  ROSENTHAL,  SCARBOROUGH,  SPANO, SWEENEY,
  TITONE, WEISENBERG, WRIGHT, ZEBROWSKI -- read once and referred to the
  Committee on Education

AN ACT to amend the education law, in relation to enacting the "New York
  higher education cares act"

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Short  title. This act shall be known and may be cited as
the "New York higher education cares act".
  S 2. The education law is amended by adding a  new  section  239-a  to
read as follows:
  S  239-A.  COLLECTION  AND DISTRIBUTION OF STUDENT'S RESIDUAL CONSUMER
GOODS. 1. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS  SHALL  HAVE
THE FOLLOWING MEANINGS:
  A.  "CONSUMER  GOODS" SHALL MEAN GOODS THAT ARE USED OR BOUGHT FOR USE
PRIMARILY FOR PERSONAL, FAMILY OR HOUSEHOLD PURPOSES INCLUDING, BUT  NOT
LIMITED  TO, HOME FURNISHINGS, CANNED AND NON-PERISHABLE FOODS, FACTORY-
SEALED AND/OR ORIGINALLY-PACKAGED TOILETRIES,  CLOTHING,  COOKWARE,  AND
ELECTRONICS.
  B. "UNIVERSITY" AND "COLLEGE" SHALL HAVE THE SAME MEANING AS SET FORTH
IN SECTION TWO OF THIS TITLE.
  C.  "CITY  UNIVERSITY"  SHALL  HAVE  THE  SAME MEANING AS SET FORTH IN
SECTION SIXTY-TWO HUNDRED TWO OF THIS CHAPTER.
  2. THE ADMINISTRATION OF THE INDIVIDUAL STATE  AND  CITY  UNIVERSITIES
AND  COLLEGES  AND EVERY PUBLIC OR PRIVATE COLLEGE, COMMUNITY COLLEGE OR

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

                                                           LBD01564-01-9

A. 300                              2

UNIVERSITY WITHIN THE STATE,  ARE  HEREBY  AUTHORIZED  TO  FACILITATE  A
CAMPUS-WIDE  CHARITABLE  DONATION  PROGRAM FOR LOCAL AREA NOT-FOR-PROFIT
ORGANIZATIONS UTILIZING STUDENTS' RESIDUAL CONSUMER GOODS. THE  ADMINIS-
TRATION:
  A.  SHALL  DESIGNATE  A COLLECTION AREA FOR STUDENTS TO DROP-OFF THEIR
UNUSED OR SURPLUS GOODS TWO WEEKS BEFORE THE END OF THE SCHOOL YEAR;
  B. SHALL EITHER DEVELOP A DIRECT  DONATION  PROGRAM  OF  THE  RESIDUAL
CONSUMER  GOODS  OR  ORGANIZE  A  CHARITABLE  EVENT  TO COLLECT RESIDUAL
CONSUMER GOODS AND DONATE SUCH GOODS TO LOCAL  NOT-FOR-PROFIT  ORGANIZA-
TIONS; AND
  C.  MAY  INVOLVE  STUDENT  ORGANIZATIONS FOR THE IMPLEMENTATION OF THE
PROGRAM.
  3. THE CONSUMER GOODS COLLECTED:
  A. SHALL BE FROM THOSE COLLEGE  STUDENTS  RESIDING  IN  CAMPUS-RELATED
RESIDENTIAL FACILITIES;
  B.  SHALL  BE CONSUMER GOODS THAT WOULD BE DISCARDED AT THE END OF THE
SCHOOL YEAR BY COLLEGE STUDENTS;
  C. SHALL BE IN USEABLE AND GOOD WORKING CONDITION.
  4. IN THE EVENT THAT THERE IS NO VIABLE LOCAL NOT-FOR-PROFIT ORGANIZA-
TION ABLE TO ACCEPT THE RESIDENTIAL CONSUMER GOODS COLLECTED, THE ADMIN-
ISTRATION OF THE INDIVIDUAL STATE  OR  CITY  UNIVERSITY  OR  COLLEGE  OR
PUBLIC  OR  PRIVATE  COLLEGE, COMMUNITY COLLEGE OR UNIVERSITY WITHIN THE
STATE MAY ORGANIZE A CAMPUS-WIDE SALE OF SUCH GOODS. THE PROFITS OF SUCH
SALE MAY BE DEDICATED BY THE STUDENT ORGANIZATIONS OR BY THE  INDIVIDUAL
STATE OR CITY UNIVERSITY OR COLLEGE OR PUBLIC OR PRIVATE COLLEGE, COMMU-
NITY  COLLEGE OR UNIVERSITY FACILITATING THE PROGRAM TO A LOCAL NOT-FOR-
PROFIT ORGANIZATION.
  5. THE ADMINISTRATION OF ANY INDIVIDUAL STATE OR  CITY  UNIVERSITY  OR
COLLEGE  OR  PUBLIC  OR PRIVATE COLLEGE, COMMUNITY COLLEGE OR UNIVERSITY
MAY GRANT CREDIT TO STUDENT MEMBERS OF ORGANIZATIONS INVOLVED  WITH  THE
PROGRAM,  PURSUANT TO SUBDIVISION TWO OF THIS SECTION, IN THE AMOUNT AND
FORM THAT SUCH ADMINISTRATION DEEMS APPROPRIATE.
  S 3. This act shall take effect immediately.