BILL NUMBER: AB 1978 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 27, 2012
PASSED THE ASSEMBLY AUGUST 29, 2012
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, 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 more. 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.
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 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.