BILL NUMBER: AB 1978	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JULY 3, 2012
	AMENDED IN ASSEMBLY  APRIL 17, 2012
	AMENDED IN ASSEMBLY  MARCH 29, 2012

INTRODUCED BY   Assembly Member Galgiani
   (  Coauthor:   Assembly Member 
 Dickinson   Coauthors:   Assembly
Members   Dickinson,   Gorell,   and Olsen
 )

                        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  , 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
authorizes a city, county, or city and county to declare a collection
box in violation of these provisions a public nuisance.
   This bill  , effective March 1, 2013,  would require the
written consent of a property owner  or the property owner's
agent  before a collection box may be placed on  his or
her   the property owner's  property. If the
property owner  or property owner's agent  rescinds his or
her consent, this bill would require the property owner  or
property owner's agent  to provide written notice of the
rescission to the collection box owner or operator. This bill would
shield an owner of private property  or his or her agent  ,
who acts reasonably, from civil liability to a collection box owner
or operator for the removal of an unauthorized collection box. 
This bill would require a property owner or property owner's agent
who causes the removal of a collection box to provide written notice
of removal to the address displayed on the front of the collection
box, unless no address is displayed.  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   owner, property owner's agent,  or
person in lawful possession of private property who causes the
removal of a collection box, or otherwise disposes of it, despite
valid written consent from the property owner  or property owner'
s agent  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 shield 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.   
For purposes of this section, consent shall be deemed  
rescinded 10 calendar days after the owner of private property
deposits a written notice of rescission in the United States mail,
postage prepaid, addressed to the address displayed on the collection
box pursuant to Section 151. 
   (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, 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. 
   (d) A property owner 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 within five days of
removal and include the current location of the box. This section
shall not apply if no address appears on the front of the collection
box.  
   (e) (1) For purposes of this section, a property owner's agent may
provide written consent for the placement of the collection box
pursuant to paragraph (1) of subdivision (a) if that consent is
consistent with the authority conferred upon the agent by the
property owner in writing. That agent may also rescind his or her
consent pursuant to paragraph (2) of subdivision (a).  
   (2) A property owner's agent shall be considered a property owner
for purposes of subdivisions (b), (c), and (d) provided that the
requirements of the subdivisions are otherwise met.  
   (f) This section shall become operative on March 1, 2013.