Unattended Collection Boxes - - CA Welfare And Institutions

Section § 150

This section defines key terms used in the chapter. A 'collection box' is an unattended container for collecting donations of personal property. 'Commercial fundraiser' refers to the definition given in the Government Code. A 'nonprofit organization' is one that is tax-exempt under specific sections of the IRS code. 'Salvageable personal property' refers to a definition given elsewhere in the same code.

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.

collection box unattended receptacle donation collection nonprofit tax-exempt 501(c)(3) 501(c)(4) commercial fundraiser definition personal property donations salvageable personal property donation receptacle collection container tax exemption Government Code 12599 Internal Revenue Code nonprofit organizations

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

Section § 151

This law specifies the rules about what information needs to be displayed on donation collection boxes. Every collection box must clearly show the owner's name, address, phone number, and website if they have one. It must also state whether the box is run by a for-profit or nonprofit organization using at least two-inch tall letters.

If a nonprofit owns the box, it must say which charitable cause the donations support. If a for-profit entity owns it, the box must clearly state that donations are not tax deductible. For boxes managed by commercial fundraisers, any mention of a charitable cause can only appear on the sides, must be smaller than the owner's info, and take up no more than 25% of the notice space.

(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.

collection box requirements conspicuous display owner information nonprofit organization for-profit organization charitable cause tax deductible notice commercial fundraiser notice space limitations donation transparency charity information donation box signage requirements information size regulations public donation guidelines signage placement rules

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

Section § 152

This law allows city or county governments to identify a box that violates specific rules as a public nuisance and take steps to eliminate or correct that problem.

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.

public nuisance local government authority violation abatement city powers county regulations enforcement actions compliance issues nuisance abatement regulatory compliance municipal authority violation abatement local jurisdiction community standards regulatory violation

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

Section § 153

This section makes it clear that nothing in the chapter should be interpreted to affect current powers. It ensures two things: first, the Department of Justice retains its complete authority over overseeing fundraising activities for charities. Second, local governments like cities and counties can continue to set additional rules for separating and selling recyclable personal items within their areas.

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.

Department of Justice authority charitable fundraising oversight local government powers sale of salvageable property solicitation regulations recyclable property rules jurisdiction requirements fundraising regulations charities legal oversight local solicitation laws personal property sale city and county powers additional requirements salvageable items sale justice department role

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