BILL NUMBER: AB 1978 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 16, 2012
AMENDED IN SENATE JULY 3, 2012
AMENDED IN ASSEMBLY APRIL 17, 2012
AMENDED IN ASSEMBLY MARCH 29, 2012
INTRODUCED BY Assembly Member Galgiani
(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 authorized
agent before a collection box may be placed on the property
owner's property. If the property owner or property owner's
authorized agent rescinds his or her consent, this bill would
require the property owner or property owner's authorized
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 authorized 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 authorized
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, property owner's authorized 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 authorized
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
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
authorized 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 authorized agent shall be
considered a entitled to the same rights and
protections as the 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.