BILL NUMBER: AB 918	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 11, 2009
	AMENDED IN SENATE  JUNE 8, 2009
	AMENDED IN ASSEMBLY  APRIL 21, 2009
	AMENDED IN ASSEMBLY  APRIL 13, 2009

INTRODUCED BY   Assembly Member Adams
   (Coauthors: Assembly Members Carter, Davis, and Jones)

                        FEBRUARY 26, 2009

   An act to add Chapter 2 (commencing with Section 150) to Division
1 of the Welfare and Institutions Code, relating to charitable
donations.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 918, as amended, Adams. Salvageable personal property:
collection boxes.
   Existing law makes it unlawful for any association of persons to
engage, directly or indirectly, in the soliciting of donations or in
selling salvageable personal property obtained by soliciting, except
qualified charitable organizations, as described, that meet specified
requirements.
   Existing law authorizes counties and cities to impose additional
requirements for the privilege of soliciting and selling salvageable
personal property within their jurisdictions.
   This bill would impose requirements for the placement of
statements specifying prescribed information on collection boxes, as
defined. The bill would  also  require the owner of a
collection box to obtain written consent from the owner or lessee of
the property  ,   or their authorized agent,  for
placement of the collection boxes, and to provide this consent upon
request. The bill specifies that its provisions shall not be deemed
to supersede the authority of the Department of Justice or to limit a
local jurisdiction from regulating, monitoring, or prohibiting
collection boxes.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Chapter 2 (commencing with Section 150) is added to
Division 1 of the Welfare and Institutions Code, to read:
      CHAPTER 2.  UNATTENDED COLLECTION BOXES


   150.  For purposes of this chapter, the following definitions
shall apply:
   (a) "Collection box" means an unattended cannister, box,
receptacle, or similar device, used for soliciting and collecting
donations of salvageable personal property.
   (b) "Commercial fundraiser" shall have the same meaning as in
subdivision (a) of Section 12599 of the Government Code.
   (c) "Nonprofit organization" means an organization that is exempt
from taxation pursuant to Section 501(c)(3) or 501(c)(4) of the
United States Internal Revenue Code.
   (d) "Salvageable personal property" has the same meaning as in
subdivision (b) of Section 148.
   151.  (a) The front of every collection box shall conspicuously
display both of the following:
   (1) The name, address, telephone number, and, if available, the
Internet Web address of the owner and operator of the collection box.

   (2) A statement, in at least two-inch typeface, that the
collection box is owned and operated by either a for-profit or a
nonprofit organization. For purposes of this chapter, a commercial
fundraiser shall be classified as a for-profit organization.
   (b) If the collection box is owned by a nonprofit organization,
the front of the collection box shall also conspicuously display a
statement describing the charitable cause that will benefit from the
donations.
   152.  The owner of a collection box shall obtain written consent
from the owner or lessee of the property where the collection box is
located,  certifying   or the owner or lessee's
authorized agent, stating  that the owner of the collection box
has received permission to place the box on the property.  In the
event that the property owner or lessee, or the owner or lessee's
authorized agent, chooses not to provide written consent, the
property owner or lessee, or the owner or lessee's authorized agent,
may give verbal consent as long as documentation of that consent
  includes appropriate contact information.  Upon
request of the local jurisdiction or an interested person, this
written  or verbal  consent shall be made available by the
owner of the  donation   collection  box.
   153.  Nothing in this chapter shall be construed to do either of
the following:
   (a) Supersede or in any way limit existing authority of the
Department of Justice over fundraising for charitable purposes.
   (b) Affect the authority of a city, county, or city and county to
regulate, monitor, or prohibit collection boxes.