BILL NUMBER: AB 1978	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Galgiani

                        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 introduced, Galgiani. Salvageable personal property:
collection boxes.
   Existing law regulates the placement of collection boxes and
requires specified information 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 would require the express consent of a property owner
before a collection box may be placed on his or her property. This
bill would shield an owner of private property, who acts reasonably,
from civil liability to a collection box owner or operator for the
removal of an unauthorized collection box. 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 person in
lawful possession of private property who causes the removal of a
collection box, or otherwise disposes of it, and collection box is on
the property with the property owner's express consent, 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.
   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) 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 express consent of the property owner, which may be
in writing.
   (b) (1) 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 express consent.
   (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) 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, and the collection box was placed on
the property with the property owner's express consent, 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.