See other bills
under the
same topic
PRINTER'S NO. 1740
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1179
Session of
2015
INTRODUCED BY GREENLEAF, DINNIMAN AND TARTAGLIONE, MAY 2, 2016
REFERRED TO STATE GOVERNMENT, MAY 2, 2016
AN ACT
Amending the act of December 19, 1990 (P.L.1200, No.202),
entitled "An act providing for the registration and
regulation of solicitations by charitable organizations,
professional fundraisers and other solicitors; imposing
additional powers on the Department of State and the Office
of Attorney General; prescribing civil and criminal
penalties; and making a repeal," providing for the regulation
of collection receptacles and disclosure requirements; and
further providing for criminal penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of December 19, 1990 (P.L.1200, No.202),
known as the Solicitation of Funds for Charitable Purposes Act,
is amended by adding a section to read:
Section 13.1. Collection receptacle; disclosure requirements.
(a) Charitable organization disclosure.--Any person who is a
charitable organization and places or maintains a collection
receptacle in public view for the purpose of collecting donated
clothing, household items or similar goods shall clearly and
conspicuously display on the front and one side of the
collection receptacle a permanent sign or label with the
charitable organization's name, address, telephone number,
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
electronic mail address and a statement expressing the
charitable purpose for which the charitable organization exists.
(b) For-profit disclosure.--Any person who is not a
charitable organization and places or maintains a collection
receptacle in public view for the purpose of collecting donated
clothing, household items or similar goods for resale for the
purpose of retaining the proceeds of the sale of the items shall
clearly and conspicuously display on the front and one side of
the collection receptacle a permanent sign or label with the
person's name, address, telephone number, electronic mail
address and the following statement:
THIS IS NOT A CHARITY. DONATIONS MADE HERE WILL BE SOLD
BY A FOR-PROFIT BUSINESS AND ARE NOT TAX-DEDUCTIBLE.
(c) Professional solicitor disclosure.--Any person who is
not a charitable organization and places or maintains a
collection receptacle in public view for the purpose of
collecting donated clothing, household items or similar goods
for resale for the purpose of paying over all or a portion of
the proceeds from the sales to a charitable organization shall
display on the front and one side of the collection receptacle a
permanent sign or label with the following statement:
DONATIONS MADE HERE WILL BE SOLD BY A FOR-PROFIT BUSINESS
AND A PORTION OF THE PROCEEDS WILL BE PAID TO (NAME OF
CHARITABLE ORGANIZATION). FURTHER INFORMATION ABOUT THESE
PAYMENTS CAN BE OBTAINED FROM (NAME OF PERSON OPERATING
COLLECTION RECEPTACLE) AT (TELEPHONE NUMBER AND
ELECTRONIC MAIL ADDRESS) AND FROM (NAME OF CHARITABLE
ORGANIZATION) AT (TELEPHONE NUMBER AND ELECTRONIC MAIL
ADDRESS).
(d) Applicability.--The provisions of sections 8 and 9 apply
20160SB1179PN1740 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
to any person subject to subsection (c).
(e) Signage.--The information on signs or labels required by
this section shall be printed in letters that are at least two
inches in height or as large as the largest letter on the box,
whichever is greater, and in a color that contrasts with the
color of the collection receptacle so that the sign or label is
clearly visible.
(f) Notarized written permission.--
(1) Prior to placing a collection receptacle that is
subject to this section, the person placing the collection
receptacle shall obtain notarized written permission to place
and operate the collection receptacle from the owner or all
leaseholders of the property where the collection receptacle
is to be placed.
(2) A copy of the notarized written permission shall be
maintained by the person and provided to the owner or any
leaseholder of the property at any time upon request.
(3) If the notarized written permission to place and
operate the collection receptacle is obtained from the
property owner, the person shall notify all leaseholders,
tenants or other occupants of the property owner's consent to
the placement of the collection receptacle on the property.
(g) Signature of parties.--The notarized written permission
required by subsection (f) shall include the signature of the
person placing the collection receptacle, or the person's
authorized agent, and of the owner or all leaseholders of the
property who have the authority to permit or allow structures,
including collection receptacles, to be placed on the property.
(h) Maintenance of collection receptacles.--The person
placing the collection receptacle shall:
20160SB1179PN1740 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(1) Maintain the collection receptacle in a structurally
sound, clean and sanitary condition and regularly empty the
collection receptacle at least every two weeks.
(2) Ensure that no donations are present on the ground
area surrounding the collection receptacle for a time period
exceeding 24 hours.
(i) Written request for removal.--The owner or any one
leaseholder of the property may request removal of a collection
receptacle by submitting a written request and sending it to the
address listed on the collection receptacle pursuant to
subsection (a), (b) or (c), as applicable. The owner or
leaseholder of the property shall also send a copy of the
written request to the Secretary of the Commonwealth.
(j) Removal of collection receptacles.--The person placing
the collection receptacle shall remove the collection receptacle
as well as any contents left in and around the collection
receptacle within 30 days of receiving written notification of
removal from the owner or any one leaseholder of the property.
(k) Failure to remove.--
(1) If the person placing the collection receptacle
fails to remove the collection receptacle following the
expiration of the 30-day period, the owner or any one
leaseholder of the property shall have the right, without
providing additional notice to the person, to take possession
of, remove and dispose of the collection receptacle and the
contents thereof without incurring any civil or criminal
liability for such actions.
(2) Any charges incurred in the removal and disposal of
the collection receptacle by the owner or leaseholder of the
property shall be invoiced to and paid by the person who
20160SB1179PN1740 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
placed the collection receptacle on the property.
(l) Immediate removal.--Notwithstanding subsections (i), (j)
and (k), the owner or any one leaseholder of the property may
request immediate removal of a collection receptacle if the
person who placed the collection receptacle on the property
failed to receive notarized written permission pursuant to
subsection (f).
(m) Prohibited act.--Any violation of subsection (a), (b),
(c), (d), (e) or (f) constitutes a prohibited act under section
15(a)(2) and may be investigated under section 16.
(n) Right of action.--
(1) Notwithstanding any other provision of this act, an
owner or leaseholder of property who suffers loss of money
removing or disposing of any collection receptacle or its
contents following the expiration of the 30-day period
specified in subsection (j), or for any violation of
subsection (h), may bring an action individually to recover
actual damages.
(2) The action may be brought in a court of competent
jurisdiction in:
(i) the county where the collection receptacle was
removed;
(ii) the county in which the person who placed the
collection receptacle conducts, transacts or has
transacted business; or
(iii) if the person who placed the collection
receptacle cannot be found in any of the locations
specified in subparagraphs (i) and (ii), the county in
which the person who placed the collection receptacle can
be found.
20160SB1179PN1740 - 5 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Section 2. Section 18 of the act is amended by adding a
subsection to read:
Section 18. Criminal penalties.
* * *
(d) Inapplicability.--This section does not apply to a
violation or offense under section 13.1.
Section 3. This act shall apply to conduct that occurs after
the effective date of this section.
Section 4. This act shall take effect in 60 days.
20160SB1179PN1740 - 6 -
1
2
3
4
5
6
7
8
9