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S7558Senate2009-2010 SessionSame asA10766

Relates to disclosures required for certain solicitations by container

Sponsor Joseph P. Addabbo Jr.SD-15Affects Public Safety & Consumer Affairs
Status
Senate Floor Calendar
Impact
Pending
Outcome
Companion signed

Bill progress

Signed via A10766

What's happening

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Who cares

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Sponsors

Primary sponsor
Joseph P. Addabbo Jr.

Senator · Senate District 15

No co-sponsors yet.

History

  1. Substituted by A10766A
  2. Ordered to third reading cal.1236
  3. Committee discharged and committed to rules
  4. Print number 7558a
  5. Amend and recommit to consumer protection
  6. Referred to consumer protection

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A10766Assembly

Relates to disclosures required for certain solicitations by container

Signed by Governor · Sponsor Catherine Nolan

Signed into law

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:S7558A

Title of bill

An act to amend the general business law, in relation to disclosures required for certain solicitations by container

Purpose or general idea of bill

This bill requires containers used for solicitation of certain personal property to have labels which identify the owner and its contact information and disclose whether the property collected will be used for charitable purposes or for profit.

Summary of specific provisions

Section one adds a new section 399-bbb to the general municipal law to require owners of containers for the collection of property to disclose on such container the name, address and telephone number of the owner or its agent and state that the property collected will be used for charitable purposes and its value is tax deductible or the property collected will be used for profit and its value is not tax deductible. In addition, the owner of the container must obtain written consent from the owner of the property where the container will be placed. Recyclables are excluded from this provision. Any violation will be deemed a deceptive practice within the meaning of §349 of the general municipal law and its remedies are available for enforcement. As such, "collection container" is defined in order to clarify any questions regarding what containers will be affected by enactment of this legislation. Section 2 sets the effective day as 180 days after this bill becomes law and shall apply to all existing and future collection containers.

Justification

Nearly everyone who donates clothing at a collection bin expects that the donated items will go to help someone in need. Many of these donation bins, however, are collection points for commercial industries which sell donated clothing, for example, at market prices for their own profit. The "rag trade" is a billion dollar industry. While this textile recycling is not illegal, its use of not-for-profit organizations and their charity collection bins to collect materials used or sold for profit deceives the public.

This bill does what a number of states have done; it requires notice to the public. Owners of containers which collect property such as clothing must tell the public if the property collected will be used for charitable purposes or for commercial profit This legislation would thereby prohibit commercial businesses from mimicking not-for-profit clothing drop-offs to collect, re-sell and make a profit from recycled rags, insulation and other donated goods.

Prior legislative history

New bill.

Fiscal implications

None.

Effective date

This bill shall be effective 180 days after it becomes law and shall apply to all existing and future collection containers.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.