S T A T E O F N E W Y O R K
________________________________________________________________________
5893--A
2015-2016 Regular Sessions
I N S E N A T E
June 10, 2015
___________
Introduced by Sen. LANZA -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the general business law, in relation to publicly acces-
sible collection bins
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 399-bbb of the general business law, as added by
chapter 264 of the laws of 2010, is amended to read as follows:
S 399-bbb. Solicitations by container; disclosures. 1. As used in this
section the term "PUBLICLY ACCESSIBLE collection [container] BIN" shall
mean an unattended canister, 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, receptacle, or similar device, used exclusively for the
collection of used paper, cardboard, motor oil, bottles, cans or other
receptacles or materials, not including textiles, for recycling or waste
diversion purposes.
2. A PUBLICLY ACCESSIBLE COLLECTION BIN SHALL NOT BE PLACED ON PUBLIC
PROPERTY; IF PLACED ON PUBLIC PROPERTY, THE LOCAL MUNICIPALITY MAY IMME-
DIATELY REMOVE AND DISPOSE OF SUCH BIN.
3. 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 PUBLICLY ACCESSIBLE collection [container] BIN in a public place on
[public or] private property shall affix to the PUBLICLY ACCESSIBLE
collection [container] BIN a label that is designed to be incapable of
being destroyed or removed and that clearly and conspicuously displays
in at least twenty-four point type unless otherwise specified in this
section and on the front of the PUBLICLY ACCESSIBLE collection [contain-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08033-11-5
S. 5893--A 2
er] BIN in a manner that is readily visible to an individual placing
property in the PUBLICLY ACCESSIBLE collection [container] BIN the
following:
(a) the name of the person, business, not-for-profit organization or
other entity which owns the PUBLICLY ACCESSIBLE collection [container]
BIN and any agent thereof; the legal address [and], telephone number,
E-MAIL ADDRESS AND WEBSITE, IF APPLICABLE, of such person, business,
not-for-profit organization or other entity and any agent thereof where
the owner of the PUBLICLY ACCESSIBLE collection [container] BIN or its
agent can be reached during ordinary business hours; any [registrations]
PERMIT OR LICENSE required by [state or] local law of such person, busi-
ness, not-for-profit organization or other entity and any agent thereof;
A STATEMENT THAT NOTHING SHALL BE LEFT OUTSIDE OF SUCH BIN; and, IF
REQUIRED BY STATE OR LOCAL LAW, a statement that shall take the follow-
ing 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 PUBLICLY
ACCESSIBLE collection [container] BIN, all of the owners' names, legal
addresses, telephone numbers and any [registrations] PERMITS OR LICENSES
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
PUBLICLY ACCESSIBLE collection [container] BIN, INCLUDING A FOR-PROFIT
ENTITY, ON BEHALF OF, OR IN CONJUNCTION WITH A NOT-FOR-PROFIT ORGANIZA-
TION, all of the agents' names, legal addresses, telephone numbers and
any [registrations] PERMITS OR LICENSES 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] BIN using letters no less than two inches
in height as follows:
(i) if all of the property placed in the PUBLICLY ACCESSIBLE
collection [container] BIN 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 PUBLICLY ACCESSIBLE
collection [container] BIN pursuant to this section shall state:
DONATED ITEMS WILL BE USED FOR CHARITABLE PURPOSES
The value of items placed in this [container] BIN is tax-deductible.
or
(ii) if [all] ANY of the property placed in the PUBLICLY ACCESSIBLE
collection [container] BIN 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]
ANY 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 PUBLICLY ACCES-
SIBLE collection [container] BIN pursuant to this section shall state:
DONATED ITEMS WILL BE USED FOR PROFIT
The value of items placed in this [container] BIN is NOT tax-deducti-
ble.
(C) FOR COLLECTION BINS OWNED BY A NOT-FOR-PROFIT ORGANIZATION, A
STATEMENT DESCRIBING THE CHARITABLE CAUSES THAT WILL BENEFIT FROM
DONATIONS; AND
S. 5893--A 3
(D) COLLECTION BINS OPERATED BY CORPORATE FUNDRAISERS OR ANY ENTITY
PLACING AND OPERATING COLLECTION BINS FOR THE BENEFIT OF ANOTHER
FOR-PROFIT ENTITY OR NOT-FOR-PROFIT ENTITY SHALL ABIDE BY THE REQUIRE-
MENTS OF THE ABOVE AND ANY ADDITIONAL GUIDELINES AND LABELING REQUIRE-
MENTS UNDER STATE OR LOCAL LAW AS APPLICABLE.
[3] 4. The owner of a PUBLICLY ACCESSIBLE collection [container] BIN
shall obtain written consent from the owner or lessee of the property
where the PUBLICLY ACCESSIBLE collection [container] BIN is located, or
the owner or lessee's authorized agent, stating that the owner of the
PUBLICLY ACCESSIBLE collection [container] BIN has received permission
to place the [box] BIN on the property. Upon request of any local juris-
diction, documentation evidencing the written consent shall be made
available by the owner of the PUBLICLY ACCESSIBLE collection [container]
BIN. THE OWNER OR LESSEE OF THE PROPERTY WHERE THE PUBLICLY ACCESSIBLE
COLLECTION BIN IS LOCATED, OR THE OWNER OR LESSEE'S AUTHORIZED AGENT MAY
RESCIND SUCH CONSENT AT ANY TIME, PROVIDED, WRITTEN NOTICE OF SUCH
RESCISSION IS PROVIDED TO THE BIN OWNER AT LEAST TEN DAYS PRIOR TO THE
BIN'S REMOVAL. WRITTEN NOTICE OF RESCISSION OF CONSENT, IF GIVEN BY
FIRST-CLASS MAIL, SHALL BE DEEMED GIVEN WHEN DEPOSITED IN A MAILBOX
PROPERLY ADDRESSED AND ADEQUATE POSTAGE PREPAID. SUCH WRITTEN NOTICE
SHALL BE EFFECTIVE IRRESPECTIVE OF THE FORM OF SUCH WRITTEN NOTICE IF IT
INDICATES THE INTENTION OF THE OWNER OR LESSEE OF THE PROPERTY TO
RESCIND THE CONSENT PREVIOUSLY GIVEN BY THE PROPERTY OWNER OR LESSEE'S
AUTHORIZED AGENT. TEN DAYS AFTER GIVING NOTICE, THE PROPERTY OWNER OR
LESSEE MAY REMOVE AND DISPOSE OF SUCH BIN, AND ANY COSTS ASSOCIATED WITH
SUCH REMOVAL OR DISPOSAL SHALL BE RECOVERABLE FROM THE OWNER OF THE
PUBLICLY ACCESSIBLE COLLECTION BIN.
[4] 5. THE OWNER OF A PUBLICLY ACCESSIBLE COLLECTION BIN SHALL ADHERE
TO THE FOLLOWING MAINTENANCE REQUIREMENTS:
(A) BINS SHALL BE SERVICED AND EMPTIED AS NEEDED OR WITHIN THREE DAYS
OF A REQUEST BY THE PROPERTY OWNER OR OWNER'S AGENT, INCLUDING REQUESTS
FOR REMOVAL OF DEBRIS AND BULK ITEMS;
(B) REMOVE GRAFFITI ON THE OUTSIDE OF BINS WITHIN SEVENTY-TWO HOURS OF
REQUESTS OR OTHERWISE BECOMING AWARE OF SUCH DAMAGE OR VANDALISM;
(C) REPAIR DAMAGED BINS WITHIN SEVENTY-TWO HOURS OF REQUESTS OR OTHER-
WISE BECOMING AWARE OF SUCH DAMAGE OR VANDALISM;
(D) SECURE EACH COLLECTION BIN WITH A TAMPER-RESISTANT LOCK; AND
(E) MAINTAIN THE AESTHETIC PRESENTATION OF SUCH BIN, INCLUDING FRESH
PAINT AND READABLE SIGNAGE.
6. PROPERTY OWNERS OR AN OWNER'S AGENT ARE NOT SUBJECT TO CIVIL
LIABILITY FOR DAMAGES RELATING TO THE REMOVAL OF AN UNAUTHORIZED BIN OR
WHERE REMOVAL IS NECESSARY TO COMPLY WITH LOCAL ZONING ORDINANCES. PROP-
ERTY OWNERS MAY REMOVE A COLLECTION BIN IN ORDER TO COMPLY WITH A STATE
OR LOCAL ZONING ORDINANCE, AS APPLICABLE, WITHOUT GIVING PRIOR NOTICE TO
THE COLLECTION BIN OWNER. THE PROPERTY OWNER SHALL INFORM THE BIN OPERA-
TOR OF THE LOCATION TO WHICH THE BIN WAS REMOVED, OR ANY OTHER DISPOSI-
TION OF THE BIN, AND ANY COSTS ASSOCIATED WITH SUCH REMOVAL OR DISPOSAL
SHALL BE RECOVERABLE FROM THE OWNER OF THE PUBLICLY ACCESSIBLE
COLLECTION BIN.
7. (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] (B) of this subdivision,
S. 5893--A 4
and all civil penalties obtained in any such action shall be retained by
the municipality or county IN WHICH SUCH BIN IS PLACED.
(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.
(I) ANY BIN NOT IN COMPLIANCE WITH THE PROVISIONS RELATED TO THE
DISPLAY OF INFORMATION OR UNPERMITTED PLACEMENT SHALL SUBJECT THE OWNER
OF SUCH BIN TO A CIVIL PENALTY OF TWO HUNDRED FIFTY DOLLARS FOR THE
FIRST OFFENSE, AND A FIVE HUNDRED DOLLAR FINE FOR EACH SUBSEQUENT
OFFENSE WITHIN AN EIGHTEEN MONTH PERIOD.
(II) ANY BIN IN VIOLATION OF THE MAINTENANCE PROVISIONS SHALL SUBJECT
THE OWNER OF SUCH BIN TO A FIFTY DOLLAR FINE FOR THE FIRST OFFENSE, AND
A ONE HUNDRED DOLLAR FINE FOR EACH SUBSEQUENT OFFENSE WITHIN AN EIGHTEEN
MONTH PERIOD.
(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 publicly acces-
sible collection bins in place on the effective date of this act and all
publicly accessible collection bins placed subsequent to the effective
date of this act.
