BILL NUMBER: AB 1978	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 29, 2012

INTRODUCED BY   Assembly Member Galgiani
    (   Coauthor:   Assembly Member  
Dickinson   ) 

                        FEBRUARY 23, 2012

   An act to add Section 151.5 to the Welfare and Institutions Code,
relating to unattended collection boxes.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1978, as amended, Galgiani. Salvageable personal property:
collection boxes.
   Existing law regulates the placement of collection boxes and
requires specified information to be displayed on the front of each
collection box. Existing law authorizes a city, county, or city and
county to declare a collection box in violation of these provisions a
public nuisance.
   This bill would require the  express  
written  consent of a property owner before a collection box may
be placed on his or her property.  If the property owner
rescinds his or her consent, this bill would require the property
owner to provide written notice of the rescission to the collection
box   owner or operator.  This bill would shield an
owner of private property, who acts reasonably, from civil liability
to a collection box owner or operator for the removal of an
unauthorized collection box. This bill would also shield a tow truck
operator, who acts reasonably, from civil liability to a collection
box owner or operator for the removal of an unauthorized collection
box. The bill would provide that a person in lawful possession of
private property who causes the removal of a collection box, or
otherwise disposes of it, and  the  collection box is on the
property with the property owner's  express  
written  consent, is civilly liable to the owner or operator of
the collection box for 4 times the amount of the towing and storage
charges, or $1,000, whichever is higher.
   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 151.5 is added to the Welfare and Institutions
Code, to read:
   151.5.  (a)  (1)    A person may not place or
maintain a collection box on private property unless the owner or
operator of the collection box first obtains the  express
  written  consent of the property owner  ,
which may be in writing  . 
   (2) An owner of private property, who has given written consent
for the placement of a collection box on his or her private property,
may rescind his or her consent by providing written notice of the
rescission to the collection box owner or operator. 
   (b) (1)  (A)    An owner of private property,
who acts reasonably, shall not be civilly liable to a collection box
owner or operator for the removal of a collection box placed on the
property owner's private property without the owner's express
  written  consent. 
   (B) An owner of property who has rescinded his or her written
consent shall not be civilly liable to the owner or operator of the
collection box if the property owner acted reasonably in the removal
or disposal of the collection box. 
   (2) A tow truck operator, who acts reasonably, shall not be
civilly liable to a collection box owner or operator for the removal
of a collection box from private property if the tow truck operator
first obtains authorization from the property owner.
   (c) A person in lawful possession of private property who causes
the removal of a collection box to a storage facility, or otherwise
disposes of a collection box, and the collection box was placed on
the property with the property owner's  express 
 written  consent, 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 higher.