BILL NUMBER: AB 1978	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 17, 2012
	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 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  property owner or  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 written consent 
 despite valid written consent from the property owner at the
time of removal  , 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.  This bill would s 
 hield a person from civil liability   for the removal
of a collection box where 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 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 written consent of the property
owner.
   (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 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)  (1)    A  property owner or 
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 written consent
  despite valid written consent from the property owner
pursuant to paragraph (1) of subdivision (a) 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 higher. 
   (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.