Author: Nancy Pellow
Last saved by: Barbara Rogers
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STATE OF OKLAHOMA

2nd Session of the 54th Legislature (2014)

SENATE BILL 2002	By:	Shortey

AS INTRODUCED

An Act relating to charities; requiring charitable donation bins and drop site containers to have certain sign posted; stated contents of sign posting; providing period for compliance; setting penalty for noncompliance; authorizing certain seizure and forfeiture for violation; providing for notice of seizure and forfeiture; authorizing sale and deposit of funds from seizure and forfeiture; providing for donation of certain property forfeited; granting certain immunity; providing for codification; providing an effective date; and declaring an emergency.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 301.14 of Title 60, unless there is created a duplication in numbering, reads as follows:
Charitable organizations using any unmanned donation bins or drop site containers in this state shall be required to have posted on each donation bin or drop site container a sign clearly stating the name of the charity, the state and federal tax identification numbers issued to such charity, and the address and phone number of the charity's primary business location.
On and after ninety (90) days after the effective date of this act or September 1, 2014, whichever date is the first to occur, no charity shall be permitted to continue using any unmanned donation bin or drop site container without the required sign posting specified in this section.
Failure of a charity to obtain and place the required sign posting on each of its unmanned donation bins and drop site containers after the ninety-day period or September 1, 2014, whichever occurs first, shall subject the donation bin or drop site container to removal by the local jurisdiction where it is located.  Failure to comply with the provision of this section may additionally subject the charity to an administrative fine imposed by the local jurisdiction where such donation bin or drop site container is located.  A municipality may seize and forfeit any donation bin or drop site container located in its jurisdiction if such donation bin or drop site container remains without the proper sign posting on or after a ten-day notice of intent to seize and forfeit the donation bin or drop site container is given by posting.  The notice shall be posted on the donation bin or drop site container subject to seizure and forfeiture with clear language requiring the charity to either comply with the sign posting or notify the jurisdiction within ten (10) days after the notice posting date.  Any seized and forfeited property may be sold and the proceeds deposited in the general fund of the jurisdiction or given to another charitable organization which is in compliance with the laws of this state for charitable organizations.  The jurisdiction utilizing the seizure and forfeiture procedure provided by this section shall be immune from liability to the charity and to any person donating to such donation bin or drop site container so seized and forfeited.
SECTION 2.  This act shall become effective July 1, 2014.
SECTION 3.  It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval.

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