Amended in Senate April 1, 2013

Senate Bill No. 450

Introduced by Senator Galgiani

(Coauthor: Assembly Member Olsen)

February 21, 2013

An act to add Section 152.5 to the Welfare and Institutions Code, relating to personal property.

LEGISLATIVE COUNSEL’S DIGEST

SB 450, as amended, Galgiani. Unattended collection boxes.

Existing law regulates the placement of unattended collection boxes and requires specified information, including the name, address, and telephone number of the collection box owner and operator, to be displayed on the front of each collection box. Existing law also requires a person or public or private entity that finds and takes possession of any personal property of another to inform the owner, if known, and return it.

This bill would authorize a city or county to provide, by ordinance or resolution, immunity from civil liability to begin delete a property owner end delete begin insert an owner of private property end insert , or his or her authorized agent, when the owner or agent removes a collection box placed on the owner’s property if the ordinance or resolution includes specified provisions, including the requirement that the owner or agent send a written notice of removal to the address displayed on the collection box prior to removal. begin delete This end delete begin insert The end insert bill would also begin delete provide end delete begin insert require end insert that the ordinance or resolution begin delete shall end delete include a provision begin delete providing end delete that immunity from civil liability will not be granted to begin delete a property owner end delete begin insert an owner of private property end insert , or his or her begin insert authorized end insert agent, who removes the collection box when he or she has given written consent for the collection box to be placed on the property and the consent has not been rescinded, as specified, and a provision begin delete stating end delete that begin delete a property owner, property owner’s end delete begin insert an owner of private property, or his or her end insert authorized agent, begin delete or person in lawful possession of private property end delete who causes the removal of a collection box, or otherwise disposes of it, despite valid written consent from the property owner begin delete or property owner’s authorized agent end delete at the time of removal, is civilly liable to the owner or operator of the collection box for begin insert the greater of end insert 4 times the amount of the towing and storage charges begin delete , end delete or $1,000, begin delete whichever is more, end delete unless removal is necessary to comply with local zoning ordinances.

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.  

Section 152.5 is added to the Welfare and
Institutions Code, to read:

152.5.  

Notwithstanding Section 2080 of the Civil Code, a city,
county, or city and county may, by ordinance or resolution, provide
immunity from civil liability to begin delete a private property owner, end delete begin insert an owner
of private property, end insert or his or her authorized agent, who removes
a collection box placed on begin delete an end delete begin insert the end insert owner’s private property if the
ordinance or resolution includes all of the following provisions:

(a)  begin delete A private property owner, end delete begin insert An owner of private property, end insert or
his or her begin insert authorized end insert agent, who causes the removal of a collection
box shall send a written notice of removal to the address that is
conspicuously displayed on the front of every collection box
pursuant to Section 151. That notice shall be mailed begin delete within five
days of end delete begin insert five days prior to end insert removal and include the current location
of the box. This subdivision shall not apply if no address appears
on the front of the collection box.

(b) Except as provided in subdivision (c), begin delete a private property
owner, end delete begin insert an owner of private property, end insert or his or her begin insert authorized end insert agent,
shall not have immunity from civil liability if he or she has given
written consent for the collection box to be placed on the private
property.

(c)  An owner of private property, or his or her begin insert authorized end insert agent,
who has given written consent for the placement of a collection
box on the owner’s private property, may rescind his or her consent
by providing written notice of the rescission to the collection box
owner or operator. For purposes of this subdivision, consent shall
be deemed rescinded 10 calendar days after the owner of private
property begin delete deposits end delete begin insert mails end insert a written notice of rescission begin delete in the United
States mail, postage prepaid, addressed end delete begin insert , via certified mail end insert to the
address displayed on the collection box pursuant to Section 151.

(d) (1)  begin delete A property owner, end delete begin insert An owner of private property, or end insert his
or her begin insert authorized end insert agent, begin delete or a person in lawful possession of private
property end delete who causes the removal of a collection box to a storage
facility, or otherwise disposes of a collection box, despite valid
written consent from the property owner at the time of removal,
shall be civilly liable to the owner or operator of the collection
box for four times the amount of the towing and storage charges,
or one thousand dollars ($1,000), whichever is begin delete higher end delete begin insert greater end insert .

(2) Paragraph (1) shall not apply to make a person liable for
removal of a collection box where removal is necessary to comply
with enforcement of applicable permitting, zoning, or other local
ordinances.