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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY PRESTON, BRADFORD, BRENNAN, CALTAGIRONE, DONATUCCI, FRANKEL, HARHAI, HORNAMAN, KORTZ, KULA, MAHONEY, MELIO, MILLARD, MILNE, PALLONE, PASHINSKI, SAINATO, SIPTROTH, SOLOBAY, VULAKOVICH AND YOUNGBLOOD, JUNE 17, 2009 |
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| REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, JUNE 17, 2009 |
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| AN ACT |
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1 | Providing for public notice of the use of donated household |
2 | items proffered at publicly available collection bins. |
3 | The General Assembly of the Commonwealth of Pennsylvania |
4 | hereby enacts as follows: |
5 | Section 1. Short title. |
6 | This act shall be known and may be cited as the Collection |
7 | Bin Public Notice Act. |
8 | Section 2. Definitions. |
9 | The following words and phrases when used in this act shall |
10 | have the meanings given to them in this section unless the |
11 | context clearly indicates otherwise: |
12 | "Collection bin." A receptacle put in public places for the |
13 | collection of household items donated by the public. |
14 | "Household item." Any clothing, kitchen utensils, bedding, |
15 | small furniture, small appliances, toys, games and other items |
16 | commonly used or available to members of a household. The term |
17 | does not include food, medicines, consumable grooming products |
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1 | or cosmetics. |
2 | Section 3. Regulation of collection bin purposes. |
3 | (a) Collections by for-profit entities.--It shall be an |
4 | unfair or deceptive act or practice for a for-profit entity to |
5 | obtain donations of household items in a collection bin and |
6 | resell the items: |
7 | (1) For profit, unless the collection bin prominently |
8 | displays a nonremovable statement in boldface capital letters |
9 | at least three inches high and one inch wide stating |
10 | "Donations are not for charitable purposes and will be resold |
11 | for profit." |
12 | (2) Where some or all of the proceeds from the sale are |
13 | given directly to a nonprofit entity, as defined under |
14 | section 501(c)(3) of the Internal Revenue Code of 1986 |
15 | (Public Law 99-514, 26 U.S.C. § 501(c)(3)), unless the |
16 | collection bin prominently displays a nonremovable statement |
17 | in boldface capital letters at least three inches high and |
18 | one inch wide stating "Donations to (Name of collecting |
19 | entity), a for-profit company, are resold for profit and |
20 | (insert amount) % of all proceeds are donated to (Name of |
21 | donee charitable Internal Revenue Code § 501(c)(3) |
22 | organization)." |
23 | (b) Collections by nonprofit entities.-- |
24 | (1) It shall be an unfair or deceptive act or practice |
25 | for a for-profit entity, as defined under § 501(c)(3) of the |
26 | Internal Revenue Code of 1986, to obtain donations of |
27 | household items in a collection bin and resell the items, |
28 | where 75% or less of the proceeds from the resale of these |
29 | donated items are used for charitable purposes, unless the |
30 | collection bin prominently displays a nonremovable statement |
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1 | in boldface capital letters at least three inches high and |
2 | one inch wide stating "Donations to (Name of collecting |
3 | nonprofit entity), a nonprofit entity, are resold for profit |
4 | and (insert amount) % of all proceeds are donated to (Name of |
5 | beneficiary), a nonprofit entity." |
6 | (2) Where more than 75% of the proceeds from the resale |
7 | of these donated items are used for charitable purposes, the |
8 | collection bin shall prominently display a nonremovable |
9 | statement in boldface capital letters at least three inches |
10 | high and one inch wide stating "This collection bin is |
11 | operated by (Name of collecting nonprofit entity), a |
12 | nonprofit entity, on behalf of (Name of beneficiary). All |
13 | donated items or proceeds from the resale of donated items |
14 | are used for charitable purposes." |
15 | Section 4. Penalties. |
16 | (a) Violation.--A violation of this act shall be deemed an |
17 | unfair or deceptive act or practice in violation of the act of |
18 | December 17, 1968 (P.L.1224, No.387), known as the Unfair Trade |
19 | Practices and Consumer Protection Law. |
20 | (b) Duty of Attorney General.–-The Attorney General shall |
21 | have the exclusive authority to bring an action for a violation |
22 | of this act. |
23 | (c) Exception.--This act does not apply to paper, glass or |
24 | aluminum products that are donated for the purpose of recycling |
25 | these items in the manufacture of other products. |
26 | Section 5. Effective date. |
27 | This act shall take effect in 60 days. |
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