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

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

---

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-Amended.html

---

BILL NUMBER: AB 918	AMENDED
	BILL TEXT

	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, as amended, 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.   impose requirements for the placement of
statements specifying   prescribed information on collection
boxes, as defined.  The bill would  allow a local
jurisdiction to prohibit a person or a covered organization, as
defined, 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   require the
owner of a collection box to obtain written consent from the owner
or lessee of the property for placement of the collection boxes, and
to provide this consent upon request. The bill specifies  that
its provisions shall not be deemed to  super   s 
 ede  the authority of the Department of Justice or to
 limit a local jurisdiction from  adopting ordinances or
regulations   regulating, monitoring,  or
prohibiting collection boxes  .
   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) "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 the
collection box is owned and operated by either a for-profit or 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.  
   152.  The owner of a collection box shall obtain written consent
from the owner or lessee of the property where the collection box is
located, certifying that the owner of the collection box has received
permission to place the box on the property. Upon request of the
local jurisdiction or an interested person, this written consent
shall be made available by the owner of the donation box. 
    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) Affect the authority of a city, county, or city and county to
regulate, monitor, or prohibit collection boxes.  
   (c) "Covered 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 and registered with 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, including, but not limited to, a
commercial fundraiser, 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 and registered with the Secretary of
State.  
   (d) "Local jurisdiction" means a city, county, or city and county.
 
   151.  A collection box that is owned by a covered 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, operational telephone number, and Internet
Web site address, if available, of the organization or person 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 commercial fundraiser, the
fundraiser shall display, in at least two-inch type, a statement
that the collection box is owned and operated by a for-profit
organization but that the proceeds will benefit a charitable cause.
   (d) If the collection box is owned by a nonprofit organization or
a commercial fundraiser, the organization shall provide all of the
following:
    (1) The covered organization's charitable trust number issued by
the Attorney General's Registry of Charitable Trusts.
   (2) The covered organization's business license number.
   (3) A statement describing what charitable cause will benefit from
the donations.
    (4) A statement describing the previous year's charitable
activity, including the percentage of the organization's total
donation proceeds that was used for the charitable cause.
    (e) If the collection box is owned by a for-profit organization,
the organization shall provide the following information:
    (1) The covered organization's California business license
number.
    (2) A statement informing the donor that the donation is not tax
deductible.  
   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.