Bill Text: CA AB918 | 2009-2010 | Regular Session | Chaptered

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Bill Title: Salvageable personal property: collection boxes.

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Passed) 2010-07-15 - Chaptered by Secretary of State - Chapter 75, Statutes of 2010. [AB918 Detail]

Download: California-2009-AB918-Chaptered.html

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BILL NUMBER: AB 918	CHAPTERED
	BILL TEXT

	CHAPTER  75
	FILED WITH SECRETARY OF STATE  JULY 15, 2010
	APPROVED BY GOVERNOR  JULY 15, 2010
	PASSED THE SENATE  JUNE 28, 2010
	PASSED THE ASSEMBLY  JULY 1, 2010
	AMENDED IN SENATE  JUNE 22, 2010
	AMENDED IN SENATE  JUNE 9, 2010
	AMENDED IN SENATE  JUNE 11, 2009
	AMENDED IN SENATE  JUNE 8, 2009
	AMENDED IN ASSEMBLY  APRIL 21, 2009
	AMENDED IN ASSEMBLY  APRIL 13, 2009

INTRODUCED BY   Assembly Member Adams
   (Coauthors: Assembly Members Carter, Davis, and Jones)

                        FEBRUARY 26, 2009

   An act to add Chapter 2 (commencing with Section 150) to Division
1 of the Welfare and Institutions Code, relating to charitable
donations.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 918, Adams. Salvageable personal property: collection boxes.
   Existing law makes it unlawful for any association of persons to
engage, directly or indirectly, in the soliciting of donations or in
selling salvageable personal property obtained by soliciting, except
qualified charitable organizations, as described, that meet specified
requirements.
   Existing law authorizes counties and cities to impose additional
requirements for the privilege of soliciting and selling salvageable
personal property within their jurisdictions.
   This bill would impose requirements for the placement of
statements specifying prescribed information on collection boxes, as
defined. The bill specifies that its provisions shall not be deemed
to supersede the authority of the Department of Justice or to limit a
city, county, or city and county from regulating, monitoring, or
prohibiting collection boxes. The bill would also allow the city,
county, or city and county to declare a collection box that is in
violation of these provisions to be a public nuisance and to impose
additional requirements on the solicitation and sale of salvageable
personal property within its jurisdiction.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Chapter 2 (commencing with Section 150) is added to
Division 1 of the Welfare and Institutions Code, to read:
      CHAPTER 2.  UNATTENDED COLLECTION BOXES


   150.  For purposes of this chapter, the following definitions
shall apply:
   (a) "Collection box" means an unattended cannister, box,
receptacle, or similar device, used for soliciting and collecting
donations of salvageable personal property.
   (b) "Commercial fundraiser" shall have the same meaning as in
subdivision (a) of Section 12599 of the Government Code.
   (c) "Nonprofit organization" means an organization that is exempt
from taxation pursuant to Section 501(c)(3) or 501(c)(4) of the
United States Internal Revenue Code.
   (d) "Salvageable personal property" has the same meaning as in
subdivision (b) of Section 148.
   151.  (a) The front of every collection box shall conspicuously
display both of the following:
   (1) The name, address, telephone number, and, if available, the
Internet Web address of the owner and operator of the collection box.

   (2) 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." For purposes of this chapter, a commercial
fundraiser shall be classified as a for-profit organization.
   (b) If the collection box is owned by a nonprofit organization,
the front of the collection box shall also conspicuously display a
statement describing the charitable cause that will benefit from the
donations.
   (c) If the collection box is owned by a for-profit entity, the
front of the collection box shall also conspicuously display a
statement that reads "this donation is not tax deductible." If the
collection box is owned and operated by a commercial fundraiser, the
commercial fundraiser may post notice of donations to a charitable
cause only on the sides of the box. This notice shall always be
smaller in size than the for-profit entity's name and address and
shall constitute only 25 percent of the notice space of the box.
   152.  A city, county, or city and county shall have the authority
to declare a box that is in violation of this chapter to be a public
nuisance and to abate that nuisance accordingly.
   153.  Nothing in this chapter shall be construed to do either of
the following:
   (a) Supersede or in any way limit existing authority of the
Department of Justice over fundraising for charitable purposes.
   (b) 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.