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S8981Senate2017-2018 Session

Exempt Charities from Bin Labels

Official title

“Relates to exempting not-for-profits from the requirements for labeling of collection bins”

Sponsor Chris JacobsSD-60
Status
In Senate Committee
Rules
Impact
3/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Rules

What's happening

This bill exempts not-for-profit organizations from the labeling requirements for publicly accessible collection bins in New York.

Why it matters

  1. Reduces regulatory burden for not-for-profit organizations. by exempting them from detailed labeling requirements on collection bins, potentially lowering administrative costs and compliance hurdles for charities and similar groups.

  2. May make it easier and faster for not-for-profits to deploy collection bins. , potentially increasing their ability to collect donations (such as clothing or goods) by removing a layer of red tape previously required under state law.

  3. Could lead to less transparency for the public. about who operates a bin, what the donations will be used for, and whether donations are tax-deductible when the bin is owned by a not-for-profit, since the specific disclosure and labeling rules would no longer apply to these bins.

  4. Creates a distinction between for-profit and not-for-profit operators in the eyes of the law. , which could affect competition, public trust, and enforcement, as only for-profit and other non-exempt entities would still have to meet the stricter labeling requirements.

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Who cares

Headline styles

Exempt Charities from Bin Labels

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Chris Jacobs

Senator · Senate District 60

No co-sponsors yet.

History

  1. Referred to rules

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

8981

IN SENATE

June 11, 2018

Introduced by Sen. JACOBS -- read twice and ordered printed, and when printed to be committed to the Committee on Rules

AN ACT to amend the general business law, in relation to exempting notfor-profit organizations from the requirements for labeling of collection bins

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Subdivision 3 of section 399-bbb of the general business law, as amended by chapter 524 of the laws of 2015, is amended to read as follows:

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 places a publicly accessible collection bin in a public place on private property shall affix to the publicly accessible collection 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 bin in a manner that is readily visible to an individual placing property in the publicly accessible collection bin the following:

(a) the name of the person, business, not-for-profit organization or other entity which owns the publicly accessible collection bin and any agent thereof; the legal address, 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 bin or its agent can be reached during ordinary business hours; any permit or license required by local law of such person, business, [not-for-profit organization] or other entity and any agent thereof; a statement that nothing shall be left outside of such bin; and a statement that shall take the following 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

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD15952-01-8

S. 8981 2

of the department of law). If more than one person, business, [not-forprofit organization] or other entity own the publicly accessible collection bin, all of the owners' names, legal addresses, telephone numbers and any permits or licenses required by 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 bin, [including a for-profit entity,] on behalf of, or in conjunction with a notfor-profit organization, all of the agents' names, legal addresses, telephone numbers and any permits or licenses required by 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 bin using letters no less than two inches in height as follows:

[(i) if all of the property placed in the publicly accessible collection bin is directed to a non-business purpose or purposes as described in paragraph (b) of section two hundred one of the not-forprofit 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 bin pursuant to this section shall state:

DONATED ITEMS WILL BE USED FOR CHARITABLE PURPOSES

The value of items placed in this bin is tax-deductible.

or

(ii)] if any of the property placed in the publicly accessible collection bin is not directed to a non-business purpose or purposes as described in paragraph (b) of section two hundred one of the not-forprofit corporation law, or if the property is sold, and 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-forprofit corporation law, the label affixed to the publicly accessible collection bin pursuant to this section shall state:

DONATED ITEMS WILL BE USED FOR PROFIT

The value of items placed in this bin is NOT tax-deductible.

(c) [for collection bins owned by a not-for-profit organization, a statement describing the charitable causes that will benefit from donations; and

(d)] collection bins operated by corporate fundraisers or any entity placing and operating collection bins for the benefit of another forprofit entity or not-for-profit entity shall abide by the requirements of the above and any additional guidelines and labeling requirements under state or local law as applicable; and

(d) collection bins owned by a not-for-profit organization shall be exempt from the provisions of this subdivision.

§ 2. This act shall take effect immediately.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend the general business law, in relation to exempting not-for-profit organizations from the requirements for labeling of collection bins

Purpose

This bill would exempt not-for-profit organizations section 399-bbb of the general business law concerning the labeling of collection bins

Summary of provisions

Section 1. amends subdivision 3 of section 399-bbb of the general busi- ness law by removing the term "not-for-profit organization". Addi- tionally this section makes clear that not-for-profit organizations shall be exempt from the labeling requirements set forth in section 399-bbb.

Section 2. is the enacting clause

Justification

In 2015 new requirements were signed into law regarding the proper, and transparent labeling of donation bins to address abuses by for-profit companies who host such bins. This law, while well intentioned placed an undue burden on not-for-profits who work for the public's benefit. This bill will remove the burdensome requirements placed on not-for-profits who were unfairly ensnared in this crackdown.

Legislative history

This is a new bill

Fiscal implications

None to the state

Effective date

This act shall take effect immediately

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