Bill Text: CA SB450 | 2013-2014 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Unattended collection boxes.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2014-02-03 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB450 Detail]

Download: California-2013-SB450-Introduced.html

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BILL NUMBER: SB 450	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Galgiani
   (Coauthor: Assembly Member Olsen)

                        FEBRUARY 21, 2013

   An act to add Section 152.5 to the Welfare and Institutions Code,
relating to personal property.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 450, as introduced, Galgiani. Unattended collection boxes.
   Existing law regulates the placement of unattended 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 also requires a person or public or private entity that
finds and takes possession of any personal property of another to
inform the owner, if known, and return it.
   This bill would authorize a city or county to provide, by
ordinance or resolution, immunity from civil liability to a property
owner, or his or her authorized agent, when the owner or agent
removes a collection box placed on the owner's property if the
ordinance or resolution includes specified provisions, including the
requirement that the owner or agent send a written notice of removal
to the address displayed on the collection box prior to removal. This
bill would also provide that the ordinance or resolution shall
include a provision providing that immunity from civil liability will
not be granted to a property owner, or his or her agent, who removes
the collection box when he or she has given written consent for the
collection box to be placed on the property and the consent has not
been rescinded, as specified, and a provision stating that a property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, unless 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 152.5 is added to the Welfare and Institutions
Code, to read:
   152.5.  Notwithstanding Section 2080 of the Civil Code, a city,
county, or city and county may, by ordinance or resolution, provide
immunity from civil liability to a private property owner, or his or
her authorized agent, who removes a collection box placed on an owner'
s private property if the ordinance or resolution includes all of the
following provisions:
   (a) A private property owner, or his or her agent, 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 subdivision shall not apply if no address appears on the
front of the collection box.
   (b) Except as provided in subdivision (c), a private property
owner, or his or her agent, shall not have immunity from civil
liability if he or she has given written consent for the collection
box to be placed on the private property.
   (c)  An owner of private property, or his or her agent, who has
given written consent for the placement of a collection box on the
owner's 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 subdivision, 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.
   (d) (1) A property owner, his or her agent, 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.
   (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.