BILL ANALYSIS �
AB 1978
Page 1
Date of Hearing: April 10, 2012
ASSEMBLY COMMITTEE ON JUDICIARY
Mike Feuer, Chair
AB 1978 (Galgiani) - As Amended: March 29, 2012
PROPOSED CONSENT (As Proposed to Be Amended)
SUBJECT : SALVAGEABLE PERSONAL PROPERTY: COLLECTION BOXES
KEY ISSUE : SHOULD A PRIVATE PROPERTY OWNER BE PROTECTED FROM
CIVIL LIABILITY FOR ACTING REASONABLY TO REMOVE AN UNATTENDED
COLLECTION BOX FROM HIS OR HER PROPERTY THAT WAS PLACED THERE
WITHOUT HIS OR HER CONSENT?
FISCAL EFFECT : As currently in print this bill is keyed
non-fiscal.
SYNOPSIS
According to the author, property owners have been uncertain
about the civil liability associated with calling a tow truck
operator themselves to remove an unauthorized collection box
that was placed on their property without their consent-an
occurrence that has become more and more frequent in recent
years. This bill, sponsored by nonprofit Goodwill Industries,
establishes a sensible enforcement mechanism that makes civil
liability for removal of collection boxes transparent to
property owners, their tenants, tow truck operators, and
collection box operators alike. As proposed to be amended, this
bill requires the property owner's written consent to place a
collection box on private property, and shields property owners
and tow truck drivers from civil liability, when acting
reasonably, for the removal of a collection box placed without
obtaining consent of the property owner. Conversely, the bill
establishes specified liability for removal of a collection box
that occurs despite a valid consent agreement being in place,
unless removal was necessary to comply with local enforcement of
applicable permitting, zoning, or other ordinances. There is no
known opposition to this bill.
SUMMARY : Protects owners of private property and tow truck
operators, when acting reasonably, from civil liability for the
lawful removal of an unattended collection box placed on the
property without written consent of the property owner.
AB 1978
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Specifically, this bill :
1)Prohibits any person from placing or maintaining 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)Permits an owner of private property, who has previously given
written consent for the placement of a collection box on his
or her property, to rescind consent by providing written
notice of the rescission to the collection box owner or
operator.
3)Provides that 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. Further provides that an owner of property
who has rescinded his or her 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.
4)Provides that 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.
5)Provides that a property owner or 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, despite valid written consent from the
property owner 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, unless removal is
necessary to comply with enforcement of applicable permitting,
zoning, or other local ordinances.
EXISTING LAW :
1)Defines "collection box" to mean an unattended canister, box,
receptacle, or similar device, used for soliciting and
collecting donations of salvageable personal property.
AB 1978
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(Welfare & Institutions Code Section 150(a). All further
references are to this code unless otherwise noted.)
2)Requires the front of every collection box to conspicuously
display the name, address, telephone number, and, if
available, the Internet Web address of the owner and operator
of the collection box, and a statement, in at least two-inch
typeface, that either reads, "this collection box is owned and
operated by a for-profit organization" or "this collection box
is owned and operated by a nonprofit organization." (Section
151(a).)
3)Authorizes any city, county, or city and county to declare a
collection box that does not comply with the above
requirements to be a public nuisance and to abate that
nuisance accordingly. (Section 152.)
4)States that the above restrictions are not intended to limit
or infringe upon the powers of a city, county, or city and
county to impose additional requirements upon the solicitation
and sale of salvageable personal property within its
jurisdiction. (Section 153.)
COMMENTS : This bill, sponsored by two regional affiliates of
nonprofit Goodwill Industries, seeks to protect owners of
private property and tow truck operators from civil liability,
when acting reasonably, for the lawful removal of an unattended
collection box placed on private property without written
consent of the property owner.
According to the author, local communities across the state have
seen a flood of unattended collection boxes being placed on
commercial properties by for-profit companies without the
knowledge or consent of the property owners. In response, many
local cities have adopted local ordinances authorizing the
towing and removal of these collection boxes, but enforcement
has reportedly been hampered by the lack of local budget
resources. In the meantime, property owners have been uncertain
about the civil liability associated with calling a tow truck
operator themselves to have an unauthorized box removed from
their property.
This bill establishes a sensible enforcement mechanism that
makes civil liability for removal of collection boxes
transparent to property owners, their tenants, tow truck
AB 1978
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operators, and collection box operators alike. As proposed to
be amended, the bill requires the property owner's written
consent to place a collection box on private property, and
shields property owners and tow truck drivers from civil
liability, when acting reasonably, for the removal of a
collection box placed without obtaining consent of the property
owner. Conversely, the bill establishes specified liability for
removal of a collection box that occurs despite a valid consent
agreement being in place, unless removal was necessary to comply
with local enforcement of applicable permitting, zoning, or
other ordinances.
Proposed Amendments: Pursuant to Section 153, a growing number
of cities in California have enacted ordinances stricter than
state law authorizing the removal of collection boxes under
local zoning and nuisance abatement laws, and in some cases even
requiring permits for the placement of collection boxes on
private property. In order to clarify that property owners and
other persons shall not be civilly liable for removal of a
collection box when necessary to comply with local laws (even
when consent was previously given), the author proposes to take
the following amendments in this Committee:
On page 2, lines 23 to 29, revise subdivision (c) to read:
(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 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 any person liable
for removal of a collection box where removal is necessary to
comply with enforcement of applicable permitting, zoning, or
other local ordinances.
ARGUMENTS IN SUPPORT : The bill is supported by affiliates of
Goodwill Industries from several counties, who contend that
greater regulation of the practices of collection box companies
is warranted. They contend that the unfettered use of these
AB 1978
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boxes by for-profit companies to generate revenue has the effect
of "siphoning off the flow of donations from reputable local
charities that rely on donations to fund social services, and
that have become more reliant on donation during tough economic
times."
REGISTERED SUPPORT / OPPOSITION :
Support
Goodwill Industries of Sacramento Valley & Northern Nevada, Inc.
(co-sponsor)
Goodwill Industries of San Joaquin Valley, Inc. (co-sponsor)
Goodwill Industries of South Central California
Goodwill Industries of Santa Cruz, Monterey & San Luis Obispo
Counties
Goodwill Industries of Southern California
Goodwill of Orange County
Goodwill Serving the People of Southern Los Angeles County, Inc.
(Goodwill SOLAC)
Browman Development Company, Inc.
California Waste Recovery Systems
Opposition
None on file
Analysis Prepared by : Anthony Lew / JUD. / (916) 319-2334