California Senate Bill SB450 Amended / Bill

 BILL NUMBER: SB 450AMENDED 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he or she has given written consent for the collection box to be placed on the property and the consent has not been rescinded, as specified, and a provision  stating  that  a property owner, property owner's   an owner of private property, or his or her  authorized agent,  or person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.