WEST VIRGINIA LEGISLATURE
2024 REGULAR SESSION
Introduced Senate Bill 816
By Senators Barrett, Deeds, Rucker, and Taylor [Introduced February 16, 2024; referred to the Committee on the Judiciary]
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1 A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new chapter,
2 designated §31J-1-1, §31J-1-2, §31J-1-3, §31J-1-4, §31J-1-5, and §31J-1-6, all relating to
3 creating the Truth in Giving Act, providing definitions, establishing penalties, and granting
4 rulemaking authority.
Be it enacted by the Legislature of West Virginia:
CHAPTER 31J. TRUTH IN GIVING ACT.
ARTICLE 1. TRUTH IN GIVING ACT.
§31J-1-1. Short title.
1 This chapter may be cited as the Truth in Giving Act.
§31J-1-2. Purpose.
1 Individuals who donate consumer goods that are intended for resale by thrift operators or
2 who purchase consumer goods that have been donated for resale are entitled to know if those
3 donations are benefitting non-profit charities or for-profit businesses.
§31J-1-3. Definitions.
1 "Drop box" means any publicly accessible container intended to receive donated
2 consumer goods.
3 "Mobile pickup unit" means any automobile used by a thrift operator to receive donated
4 consumer goods.
5 "Thrift operator" means any retailer licensed to conduct business in this state that sells
6 consumer goods that have been obtained by donations.
7 "Thrift sales" means selling consumer goods that were received by the thrift operator via
8 donations.
§31J-1-4. Truth in Giving Act requirements.
1 Any thrift operator selling consumer goods that have been obtained via drop boxes, on-site
2 donations at the retailer's location, mobile pickup units, or at-home pickup must provide the
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3 following information to those providing donations and to customers at the retailer's business
4 location:
5 (1) Name of the business that owned the drop box, mobile pickup unit or is providing at-
6 home pick-up of donated consumer goods;
7 (2) Name of the business that will be selling consumer goods that have been donated;
8 (3) Name of the entity or entities receiving proceeds from thrift sales and the percentage of
9 proceeds from thrift sales going to each entity.
§31J-1-5. Penalties.
1 Failure to comply with this chapter shall result in a $500 fine per occurrence, as determined
2 by the West Virginia Secretary of State's Office Investigations Unit.
§31J-1-6. Rulemaking.
1 The West Virginia Secretary of State's Office shall develop rules to implement this chapter.
NOTE: The purpose of this bill is to inform the public about who receives the proceeds from the sale of donated consumer goods.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
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Statutes affected:
Committee Substitute: 29-19A-1, 29-19A-2, 29-19A-3, 29-19A-4, 29-19A-5
Introduced Version: 31J-1-1, 31J-1-2, 31J-1-3, 31J-1-4, 31J-1-5, 31J-1-6