S T A T E   O F   N E W   Y O R K
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                                  1103--A
     Cal. No. 239
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  KAMINSKY, HARCKHAM, MAY -- read twice and ordered
   printed, and when printed to be committed to the Committee on Environ-
   mental Conservation -- reported favorably from said committee, ordered
   to first and second report, ordered to a third  reading,  amended  and
   ordered reprinted, retaining its place in the order of third reading
 
 AN  ACT to establish the bottle redemption fraud task force; and provid-
   ing for the repeal of such provisions upon the expiration thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  legislature hereby establishes the bottle redemption
 fraud task force (referred  to  hereinafter  as  the  "task  force")  to
 conduct  a  comprehensive study of the fraud, enforcement, and reporting
 requirements related to the New York state returnable container act.
   § 2. (a) Such task force shall consist of fifteen members  that  shall
 be  appointed  as follows:  the state attorney general or his/her desig-
 nee; the commissioner of the  department  of  taxation  and  finance  or
 his/her  designee;  the  commissioner of the department of environmental
 conservation or his/her  designee;  the  state  comptroller  or  his/her
 designee;  the  chairman of the state liquor authority or his/her desig-
 nee; the commissioner of the department of agriculture  and  markets  or
 his/her  designee;  one member shall be appointed by the district attor-
 neys association of  the  state  of  New  York;  two  members  shall  be
 appointed by the temporary president of the senate and two members shall
 be  appointed by the speaker of the assembly, one shall be an individual
 who represents a municipality, one shall be an individual who represents
 a deposit initiator, one shall be an individual who represents a redemp-
 tion center, and one shall be an individual who represents  a  wholesale
 distributor;  and  four  members shall be appointed by the governor, one
 shall be an individual who represents a deposit initiator and one  shall
 be an individual who represents a retailer.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01249-02-1

 S. 1103--A                          2
 
   (b) The task force shall be chaired by the attorney general or his/her
 designee thereof.
   (c)  Members of the task force shall receive no compensation for their
 services but shall be reimbursed for their actual expenses  incurred  in
 the performance of their duties in the work of the task force.
   (d)  Appointed  members shall, to the greatest extent practicable have
 by education or experience, knowledge of organized retail theft.
   (e) The task force is authorized to audit any reverse vending machine.
   § 3. Appointments shall be made within 60 days of the  effective  date
 of  this act. Any vacancies in the membership of the task force shall be
 filled in the same manner provided for in the initial appointment.
   § 4. The task force may  consult  with  any  organization,  government
 entity,  or  person,  in  the  development  of its report required under
 section five of this act.
   § 5. On or before one year after the effective date of this  act,  the
 task  force shall submit to the governor, the temporary president of the
 senate and the speaker of the assembly  a  report  containing,  but  not
 limited to, the following information based on available data:
   (a)  A  review  of  laws  and regulations regarding the New York state
 returnable container act  and  relevant  civil  and  criminal  penalties
 related to the act;
   (b)  The  need  for  interagency  coordination  of  public  education,
 outreach, and prevention programs for retail stores, redemption centers,
 municipalities, agents acting on behalf of the deposit  initiators  that
 provide pickup services, and any other identified entities;
   (c) The fiscal impact of fraudulent bottle redemptions and deposits in
 the state of New York;
   (d)  The  status of current enforcement efforts and recommendations on
 what could be done to improve enforcement,  including  the  addition  of
 more employees;
   (e) A review of inter-state bottle redemption fraud, including, to the
 extent  practicable, information on the number of containers that origi-
 nate from out-of-state shipments and a review of the practice of redeem-
 ing beverage containers purchased out-of-state; and
   (f) Recommended legislative, regulatory and enforcement  solutions  to
 address  fraudulent  bottle redemptions and deposits, including, but not
 limited to, inter-state initiatives.
   § 6. This act shall take effect immediately and shall expire 24 months
 after it shall have become a law when upon such date the  provisions  of
 this act shall be deemed repealed.