Bill Text: NY S01103 | 2021-2022 | General Assembly | Amended
Bill Title: Establishes the bottle redemption fraud task force to provide the governor and the legislature with information on the fraud, enforcement, and reporting requirements related to the New York state returnable container act.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Engrossed - Dead) 2022-04-25 - referred to environmental conservation [S01103 Detail]
Download: New_York-2021-S01103-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 1103--A Cal. No. 239 2021-2022 Regular Sessions IN SENATE 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: 1 Section 1. The legislature hereby establishes the bottle redemption 2 fraud task force (referred to hereinafter as the "task force") to 3 conduct a comprehensive study of the fraud, enforcement, and reporting 4 requirements related to the New York state returnable container act. 5 § 2. (a) Such task force shall consist of fifteen members that shall 6 be appointed as follows: the state attorney general or his/her desig- 7 nee; the commissioner of the department of taxation and finance or 8 his/her designee; the commissioner of the department of environmental 9 conservation or his/her designee; the state comptroller or his/her 10 designee; the chairman of the state liquor authority or his/her desig- 11 nee; the commissioner of the department of agriculture and markets or 12 his/her designee; one member shall be appointed by the district attor- 13 neys association of the state of New York; two members shall be 14 appointed by the temporary president of the senate and two members shall 15 be appointed by the speaker of the assembly, one shall be an individual 16 who represents a municipality, one shall be an individual who represents 17 a deposit initiator, one shall be an individual who represents a redemp- 18 tion center, and one shall be an individual who represents a wholesale 19 distributor; and four members shall be appointed by the governor, one 20 shall be an individual who represents a deposit initiator and one shall 21 be an individual who represents a retailer. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01249-02-1S. 1103--A 2 1 (b) The task force shall be chaired by the attorney general or his/her 2 designee thereof. 3 (c) Members of the task force shall receive no compensation for their 4 services but shall be reimbursed for their actual expenses incurred in 5 the performance of their duties in the work of the task force. 6 (d) Appointed members shall, to the greatest extent practicable have 7 by education or experience, knowledge of organized retail theft. 8 (e) The task force is authorized to audit any reverse vending machine. 9 § 3. Appointments shall be made within 60 days of the effective date 10 of this act. Any vacancies in the membership of the task force shall be 11 filled in the same manner provided for in the initial appointment. 12 § 4. The task force may consult with any organization, government 13 entity, or person, in the development of its report required under 14 section five of this act. 15 § 5. On or before one year after the effective date of this act, the 16 task force shall submit to the governor, the temporary president of the 17 senate and the speaker of the assembly a report containing, but not 18 limited to, the following information based on available data: 19 (a) A review of laws and regulations regarding the New York state 20 returnable container act and relevant civil and criminal penalties 21 related to the act; 22 (b) The need for interagency coordination of public education, 23 outreach, and prevention programs for retail stores, redemption centers, 24 municipalities, agents acting on behalf of the deposit initiators that 25 provide pickup services, and any other identified entities; 26 (c) The fiscal impact of fraudulent bottle redemptions and deposits in 27 the state of New York; 28 (d) The status of current enforcement efforts and recommendations on 29 what could be done to improve enforcement, including the addition of 30 more employees; 31 (e) A review of inter-state bottle redemption fraud, including, to the 32 extent practicable, information on the number of containers that origi- 33 nate from out-of-state shipments and a review of the practice of redeem- 34 ing beverage containers purchased out-of-state; and 35 (f) Recommended legislative, regulatory and enforcement solutions to 36 address fraudulent bottle redemptions and deposits, including, but not 37 limited to, inter-state initiatives. 38 § 6. This act shall take effect immediately and shall expire 24 months 39 after it shall have become a law when upon such date the provisions of 40 this act shall be deemed repealed.
