Senate Bill S1563

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1563
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 15, 2019
                                ___________
 
 Introduced  by  Sen.  JACOBS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Consumer Protection
 
 AN ACT to amend the general business law, in relation to exempting  not-
   for-profit   organizations  from  the  requirements  for  labeling  of
   collection bins

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, 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 organ-
 ization] 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05813-01-9

 S. 1563                             2
 
 information,  contact the department of law at (insert the current tele-
 phone  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, business, [not-for-
 profit  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, [includ-
 ing a for-profit entity,] on behalf of, or in conjunction  with  a  not-
 for-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-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 corpo-
 ration 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-for-
 profit 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-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 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 for-
 profit 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.