BILL ANALYSIS �
AB 1978
Page 1
GOVERNOR'S VETO
AB 1978 (Galgiani)
As Amended August 16, 2012
2/3 vote
-----------------------------------------------------------------
|ASSEMBLY: |71-0 |(April 23, |SENATE: |21-13|(August 27, |
| | |2012) | | |2012) |
-----------------------------------------------------------------
-----------------------------------------------------------------
|ASSEMBLY: |70-8 |(August 29, | | | |
| | |2012) | | | |
-----------------------------------------------------------------
Original Committee Reference: JUD.
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.
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 or the owner's authorized agent, as specified.
2)Permits an owner of private property or the owner's authorized
agent to rescind consent that had previously been given for
the placement of a collection box on the property, 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who has rescinded his or her consent shall not be civilly
AB 1978
Page 2
liable to the owner or operator of the collection box if the
property owner acted reasonably in the removal 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 $1,000,
whichever is higher, unless removal is necessary to comply
with enforcement of applicable permitting, zoning, or other
local ordinances.
6)Requires a property owner who causes the removal of a
collection box to mail, within five days of removal, a written
notice of removal to the address that is conspicuously
displayed on the front of every collection box, unless no
address appears on the box.
7)Establishes that these provisions shall become operative on
March 1, 2013.
The Senate amendments require the property owner to mail a
written notice of removal to the address on any collection box
being removed; clarify that initial consent is deemed rescinded
10 days after the written notice of rescission is mailed; permit
a property owner's authorized agent to provide and rescind
written consent; and establishes an operative date for this act
of March 1, 2013.
EXISTING LAW :
1)Defines "collection box" to mean an unattended canister, box,
AB 1978
Page 3
receptacle, or similar device, used for soliciting and
collecting donations of salvageable personal property.
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."
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.
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.
AS PASSED BY THE ASSEMBLY , this bill was substantially similar
to the version approved by the Senate.
FISCAL EFFECT : None
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
AB 1978
Page 4
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
operators, and collection box operators alike. 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.
As recently amended, this bill requires a property owner who
causes the removal of a collection box to mail, within five days
of removal, a written notice of removal to the address that is
conspicuously displayed on the front of every collection box,
unless no address appears on the box. In addition, the bill
authorizes a property owner's agent to provide written consent
for the placement of the collection box and to rescind such
consent.
The bill also clarifies that a property owner's authorized agent
may both provide written consent for placement of the collection
box and rescind such consent if that consent is consistent with
the authority conferred upon the agent by the property owner in
writing. In addition, the owner's authorized agent shall be
entitled to the same rights and protections from liability as
the property owner as provided by this bill.
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 boxes by for-profit
companies to generate revenue has the effect of "siphoning off
AB 1978
Page 5
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."
In order to provide more time for property owners and collection
box owners to adjust to these new requirements, the bill states
that these provisions shall become operative starting March 1,
2013.
GOVERNOR'S VETO MESSAGE :
"This bill would prohibit placement of an unattended collection
box on private property unless the owner or operator of the box
obtains the written consent of the property owner.
"I support the author's goal of giving property owners more
tools to enforce their property rights. However, I believe the
language can be more narrowly crafted to avoid unintended
consequences to local charities and nonprofits. I look forward
to working with the author next year to craft a more balanced
approach."
Analysis Prepared by : Anthony Lew / JUD. / (916) 319-2334
FN: 0005946