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

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-Amended.html

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BILL NUMBER: SB 450	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 1, 2013

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 amended, 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   an owner of private property  , 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   The  bill would also  provide
  require  that the ordinance or resolution
 shall  include a provision  providing
 that immunity from civil liability will not be granted to
 a property owner   an owner of private property
 , or his or her  authorized  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been rescinded, as specified, and a provision  stating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 
 an owner of private property, or his or her  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  the greater of  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,
  an owner of private property,  or his or her
authorized agent, who removes a collection box placed on  an
  the  owner's private property if the ordinance or
resolution includes all of the following provisions:
   (a)  A private property owner,   An owner of
private property,  or his or her  authorized  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  
five days prior to  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,   an owner of private property,  or
his or her  authorized  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  authorized
 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   mails  a
written notice of rescission  in the United States mail,
postage prepaid, addressed   , via certified mail 
to the address displayed on the collection box pursuant to Section
151.
   (d) (1)  A property owner,   An owner of
private property, or  his or her  authorized  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 
 greater  .
   (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.