HB1860: Collection receptacles for clothing, household items, etc.; required disclosures.


VIRGINIA ACTS OF ASSEMBLY -- CHAPTER
An Act to amend the Code of Virginia by adding a section numbered 57-55.4, relating to solicitation of contributions; collection receptacles.
[H 1860]
Approved

 

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 57-55.4 as follows:

§ 57-55.4. Collection receptacles; required disclosures.

No (i) business as defined in § 58.1-3700.1, other than a charitable or civic organization to which contributions are deductible under § 170 of the Internal Revenue Code or (ii) professional solicitor shall place or maintain a receptacle in public view for the purpose of collecting donated clothing, household items, or other items for future resale unless such person or professional solicitor places on the receptacle a permanent sign or label in a prominent place that includes the following information printed in letters that are no less than three inches in height and no less than one-half inch in width and in a color that contrasts with the color of the receptacle, which sign or label shall be placed immediately below the opening in the receptacle used to deposit donations:

1. The name, business address, and telephone number of the person engaged in such business or the professional solicitor; and

2. a. For a receptacle placed or maintained by a person engaged in such business, a statement that reads: "This donation receptacle is operated by a for-profit business. Items donated here support a for-profit business."; or

b. For a receptacle placed or maintained by the professional solicitor, a statement that reads: "This donation receptacle is operated by a professional solicitor. Items donated here support, in part, the professional solicitor, which is a for-profit entity."

Enforcement of a violation of this section shall be limited to subsections B through E of § 57-59.


HOUSE BILL NO. 1860
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the House Committee on General Laws)
(Patron Prior to Substitute--Delegate Rasoul)
House Amendments in [ ] – February 9, 2015
A BILL to amend the Code of Virginia by adding a section numbered 57-55.4, relating to solicitation of contributions; collection receptacles.

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 57-55.4 as follows:

§ 57-55.4. Collection receptacles; required disclosures.

No (i) business as defined in § 58.1-3700.1, other than a charitable or civic organization to which contributions are deductible under § 170 of the Internal Revenue Code or (ii) professional solicitor shall place or maintain a receptacle in public view for the purpose of collecting donated clothing, household items, or other items for future resale unless such person or professional solicitor places on the receptacle a permanent sign or label in a prominent place that includes the following information printed in letters that are no less than three inches in height and no less than one-half inch in width and in a color that contrasts with the color of the receptacle, which sign or label shall be placed immediately below the opening in the receptacle used to deposit donations:

1. The name, business address, and telephone number of the person engaged in such business or the professional solicitor; and

2. a. For a receptacle placed or maintained by a person engaged in such business, a statement that reads: "This donation receptacle is operated by a for-profit business. Items donated here support a for-profit business."; or

b. For a receptacle placed or maintained by the professional solicitor, a statement that reads: "This donation receptacle is operated by a professional solicitor. Items donated here support, in part, the professional solicitor, which is a for-profit entity."

[ Enforcement  of a violation of this section shall be limited to subsections B through E of § 57-59. ]


HOUSE BILL NO. 1860
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the House Committee on General Laws
on February 5, 2015)
(Patron Prior to Substitute--Delegate Rasoul)
A BILL to amend the Code of Virginia by adding a section numbered 57-55.4, relating to solicitation of contributions; collection receptacles.

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 57-55.4 as follows:

§ 57-55.4. Collection receptacles; required disclosures.

No (i) business as defined in § 58.1-3700.1, other than a charitable or civic organization to which contributions are deductible under § 170 of the Internal Revenue Code or (ii) professional solicitor shall place or maintain a receptacle in public view for the purpose of collecting donated clothing, household items, or other items for future resale unless such person or professional solicitor places on the receptacle a permanent sign or label in a prominent place that includes the following information printed in letters that are no less than three inches in height and no less than one-half inch in width and in a color that contrasts with the color of the receptacle, which sign or label shall be placed immediately below the opening in the receptacle used to deposit donations:

1. The name, business address, and telephone number of the person engaged in such business or the professional solicitor; and

2. a. For a receptacle placed or maintained by a person engaged in such business, a statement that reads: "This donation receptacle is operated by a for-profit business. Items donated here support a for-profit business."; or

b. For a receptacle placed or maintained by the professional solicitor, a statement that reads: "This donation receptacle is operated by a professional solicitor. Items donated here support, in part, the professional solicitor, which is a for-profit entity."

HOUSE BILL NO. 1860

Offered January 14, 2015
Prefiled January 13, 2015
A BILL to amend the Code of Virginia by adding in Title 57 a chapter numbered 6, consisting of a section numbered 57-70, relating to the Truth in Donating Act; penalty.
Patron-- Rasoul

Committee Referral Pending

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding in Title 57 a chapter numbered 6, consisting of a section numbered 57-70, as follows:

CHAPTER 6.
TRUTH IN DONATING ACT.

§ 57-70. Truth in donating; penalty.

A. As used in this chapter, unless the context requires a different meaning:

"Charitable or civic organization" means an organization exempt from taxation under the Internal Revenue Code. "Charitable or civic organization" shall not include a person or organization operating for profit.

B. A person that is not a charitable or civic organization shall:

1. Not place or maintain a receptacle in public view for the purpose of collecting donated clothing, household items, and other items for future resale unless the person places on the receptacle a permanent sign or label in a prominent place that includes the following information printed in legible type of at least 18-point, bold-faced type, which sign or label shall be placed immediately below the opening in the receptacle used to deposit donations:

a. A statement that reads: "Donations made here support a for-profit business, do not qualify as a charitable contribution, and are not tax-deductible"; and

b. The person's name and phone number or email address; and

2. Obtain the prior written permission of the property owner on whose property the receptacle will be located.

C. Violators of this section shall be guilty of a Class 3 misdemeanor.

D. The attorney for the Commonwealth shall have authority to prosecute such offenses in the county or city where the violation occurred in the name of the Commonwealth or local government, as appropriate, and the county or city attorney, if otherwise authorized to prosecute offenses in the name of the county or city, shall have authority to prosecute such offenses in the name of the county or city.