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

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

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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-Introduced.html

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BILL NUMBER: AB 918	INTRODUCED
	BILL TEXT


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, as introduced, 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 specify marking requirements on collection boxes,
as defined, that are used for the solicitation and collection of
donations of salvageable personal property in California. The bill
would allow a local jurisdiction to prohibit a person or an eligible
organization from placing, using, or employing a collection box for
solicitation purposes if the collection box does not adhere to the
disclosure requirements, and would specify that its provisions shall
not be deemed to limit a local jurisdiction from adopting ordinances
or regulations, regarding collection boxes that are more stringent
than the provisions of the bill.
   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.  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) "Local jurisdiction" means a city, county, or city and county.

   (c) "Eligible organization" means an organization that is either
of the following:
   (1) A nonprofit organization that is all of the following:
   (A) Incorporated in, or, if a foreign corporation, registered to
do business in, California.
   (B) Current in reporting to the Secretary of State.
   (C) Registered with, and current in reporting to, the Attorney
General's Registry of Charitable Trusts.
   (D) Exempt from taxation pursuant to Section 501(c)(3) or 501(c)
(4) of the Internal Revenue Code.
   (2) A for-profit organization that is both of the following:
   (A) Incorporated in, or, if a foreign corporation, registered to
do business in, California.
   (B) Current in reporting to the Secretary of State.
   151.  A collection box that is owned by an eligible organization
or person that is used for the solicitation and collection of
donations of salvageable personal property in California shall
clearly and conspicuously display on its exterior all of the
following information:
   (a) The name, address, telephone number, and Internet Web address,
if available, of the organization that owns the collection box.
   (b) In at least two-inch type, a statement whether the collection
box is owned and operated by a for-profit organization or a nonprofit
organization.
   (c) If the collection box is owned by a nonprofit organization,
the eligible organization's charitable trust number issued by the
Attorney General's Registry of Charitable Trusts.
   (d) A statement describing the manner in which clothing or other
donations that are deposited in the collection box will be used,
sold, or disposed of, including the percentage of the revenue
obtained from the sale of the used goods that directly benefits the
charity on whose behalf the donations are solicited.
   152.  (a) A local jurisdiction may prohibit a person or an
eligible organization from placing, using, or employing a collection
box for solicitation purposes if the collection box does not adhere
to the disclosure requirements included in this chapter.
   (b) Nothing in this chapter shall be deemed to limit a local
jurisdiction from adopting ordinances or regulations regarding
collection boxes that are more stringent than the provisions of this
chapter.
   (c) Nothing in this chapter shall be deemed to supersede or in any
way limit the Department of Justice's existing authority over
fundraising for charitable purposes.