Chapter 2 - Unattended Collection Boxes

California Welfare and Institutions Code — §§ 150-153

Sections (4)

Added by Stats. 2010, Ch. 75, Sec. 1. (AB 918) Effective January 1, 2011.

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

Added by Stats. 2010, Ch. 75, Sec. 1. (AB 918) Effective January 1, 2011.

(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

Added by Stats. 2010, Ch. 75, Sec. 1. (AB 918) Effective January 1, 2011.

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

Added by Stats. 2010, Ch. 75, Sec. 1. (AB 918) Effective January 1, 2011.

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.