BILL NUMBER: AB 281 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 17, 2015
AMENDED IN SENATE JUNE 16, 2015
AMENDED IN SENATE JUNE 8, 2015
AMENDED IN ASSEMBLY APRIL 22, 2015
INTRODUCED BY Assembly Member Gallagher
FEBRUARY 11, 2015
An act to amend Sections 7500.1, 7500.3, 7506.9,
7507.5, 7507.9, 7507.115, 7507.13, and 7508.7 of, and to add Sections
7509, 7509.1, 7509.2, and 7509.3 to, the Business and Professions
Code, and to amend Section 28 Sections 28,
14602.6, 14602.9, 22651.07, and 22850.5 of the Vehicle Code,
relating to collateral recovery.
LEGISLATIVE COUNSEL'S DIGEST
AB 281, as amended, Gallagher. Collateral recovery.
(1) Existing law, the Collateral Recovery Act, provides for the
licensure and regulation of repossession agencies by the Bureau of
Security and Investigative Services under the supervision and control
of the Director of Consumer Affairs. The chief of the bureau serves
under the direction and supervision of the director. Existing law
makes a violation of the act a crime. Existing
Existing law also provides for the denial of a license
for specified violations of the act, acts,
and authorizes the director to assess administrative
fines and penalties. fines.
This bill would establish , beginning July 1, 2017, a
Collateral Recovery Disciplinary Review Committee, to consist of 5
members to be appointed by, and to serve at the pleasure of, the
Governor, for purposes of reviewing the request of a licensee to
contest the assessment of an administrative fine or to appeal a
denial of a license, except as specified. The bill would set forth
the duties of the Collateral Recovery Disciplinary Review Committee
in that regard, and would authorize the members of the committee to
be paid per diem and reimbursed for actual travel expenses.
(2) Existing law prohibits a person from performing the duties of
a registrant for a licensed repossession agency unless the person has
in his or her possession a valid repossessor registration card or
evidence of a valid temporary registration or registration renewal.
Existing law authorizes a person to perform the duties of a
registrant for a licensee pending receipt of a registration card if
the person has been approved by the bureau and carries on his or her
person a hardcopy printout of the bureau's approval from the bureau's
Internet Web site.
This bill would exempt from that prohibition a person who has in
his or her possession a hardcopy printout or electronic copy of the
bureau's approval from the bureau's Internet Web site. The bill would
also specify for the above-described purposes that an electronic
copy of the bureau's approval may include an electronic screenshot
display of that information.
(3) The Collateral Recovery Act authorizes licensed repossessors
to perform repair work upon vehicles and charge owners if expressly
authorized to do so.
This bill would prohibit licensed repossessors from performing, or
charging for, repair work, cleaning, or detailing.
(4) The Collateral Recovery Act requires licensees to remove
personal effects from collateral, make a complete and accurate
inventory of the personal effects, and provide the inventory to a
debtor not later than 48 hours after the recovery of the collateral,
with certain exceptions, as specified. The act requires licensees to
label and store the personal effects, except for the personal effects
removed by or in the presence of the debtor or the party in
possession at the time of the repossession, in a secure manner for a
minimum of 60 days, and authorizes licensees to dispose of the
personal effects after the expiration of that period, as specified.
This bill, instead of requiring licensees to make a complete and
accurate inventory of the personal effects, would require licensees
to make a good faith effort to inventory the personal effects in
writing or by photograph. The bill would prohibit licensees from
inventorying or removing trash, and would specify that licensees are
not responsible for hidden personal effects. The bill would require a
licensee unable to open a compartment in the collateral to notify
the legal owner of the collateral of that inability within 24 hours,
and would require the legal owner to provide the licensee with access
to the compartment within 72 hours of notification, as specified.
The bill would specify that the 48-hour period in which the licensee
must provide the inventory of personal effects to a debtor is tolled
until the legal owner provides that access or 72 hours elapse after
notification. The bill would authorize a licensee to allow a debtor,
or a person in possession of the collateral at the time of
repossession, to sign a waiver forfeiting the personal effects and
inventory, and would require the licensee to immediately dispose of
the personal effects upon receiving that waiver. The bill would
prohibit a licensee from selling personal effects and remitting money
from the sale to a third party, and would further prohibit a
licensee from releasing or conspiring or agreeing to release personal
effects to a person other than the debtor or person in possession of
the collateral at the time of repossession.
(5) The Collateral Recovery Act prohibits a repossession agency,
except as otherwise provided by law, from disclosing the personal
information of persons employed by the agency.
This bill would allow a repossession agency to disclose the name,
driver's license number, and date of birth of a person employed by
the agency to an insurance company for the purpose of verifying
information for the issuance or renewal of a policy of insurance.
(6) The Collateral Recovery Act, among other things, prohibits a
licensed repossession agency or its registrants from making demand
for payment in lieu of repossession, selling recovered collateral, or
appraising or determining the value of any collateral, and provides
that licensed repossession agencies are not liable for the acts or
omissions of legal owners and that legal owners are not liable for
acts or omissions of licensed repossession agencies, as specified.
This bill would require a licensed repossession agency, at least
annually, to provide a legal owner with a copy of those prohibitions
and provisions.
This bill would define the term terms
"registered owner" and "repossession" for the purposes of the
act. The bill would also make technical and conforming changes.
(7) Existing law requires a person who takes possession of a
vehicle by or on behalf of the vehicle's legal owner to notify the
law enforcement department with applicable jurisdiction of the
repossession within one hour of the repossession, as specified, and
to forward a written notice to the city police or sheriff's
department within one business day. Under existing law, a person who
fails to provide this notification is guilty of an infraction and
subject to a $300 to $500 fine.
This bill, if a vehicle is removed to a tow yard, storage
facility, or impounding yard after a person takes possession of the
vehicle on behalf of the vehicle's legal owner and provides law
enforcement with the above-described notifications, and the tow yard,
storage facility, or impounding yard is outside of the jurisdiction
in which the taking of possession occurred, would prohibit the person
who took possession from notifying the law enforcement department of
the jurisdiction of the tow yard, storage facility, or impounding
yard of the removal, and would require the tow yard, storage
facility, or impounding yard to direct the registered owner of the
vehicle to the law enforcement department of the jurisdiction in
which the taking of possession occurred. bill would
delete the requirement to forward that written notice within one
business day.
Under existing law, whenever a peace officer determines, among
other things, that a person was driving without a license or while
his or her driving privilege was suspended or revoked, the peace
officer is authorized to remove and seize that vehicle. Existing law
requires the law enforcement agency and the impounding agency,
including any storage facility acting on behalf of the law
enforcement agency or impounding agency, to comply with specified
provisions and precludes liability to the registered owner for the
improper release of the vehicle to the legal owner or the legal owner'
s agent if the release complies with certain requirements.
Existing law requires the legal owner to indemnify and hold
harmless a storage facility from any claims arising out of the
release of the vehicle to the legal owner or the legal owner's agent
and from any damage to the vehicle after its release, including the
reasonable costs associated with defending any such claims.
This bill would instead require the legal owner of collateral, by
operation of law and without requiring further action, to indemnify
and hold harmless the state, a law enforcement agency, city, county,
city and county, a tow yard, storage facility, or an impounding yard
from a claim arising out of the release of the collateral to a
licensed repossessor or licensed repossession agency, and from any
damage to the collateral after its release, including reasonable
attorney's fees and costs associated with defending a claim, if the
collateral was released in compliance, as specified.
Existing law requires any person, defined as a natural person or
specified business entity, that charges for towing or storage, or
both, except for storage unrelated to a tow, to, among other things,
provide, upon request, a copy of the Towing Fees and Access Notice to
any owner or operator of a towed or stored vehicle.
This bill would define a person to include the state, a city,
county, city and county, law enforcement agency, a tow yard, storage
facility, or an impounding yard that imposes such charges. By
expanding this requirement to local agencies, the bill would create a
state-mandated local program.
(8) Because a violation of the bill's provisions under the
Collateral Recovery Act would be a crime, the bill would impose a
state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
(8) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 7500.1 of the Business and Professions Code is
amended to read:
7500.1. The following terms as used in this chapter have the
meaning expressed in this section:
(a) "Advertisement" means any written or printed communication,
including a directory listing, except a free telephone directory
listing that does not allow space for a license number.
(b) "Assignment" means any written authorization by the legal
owner, lienholder, lessor or lessor,
lessee, registered owner, or the agent of any of them, to
look for, locate, or repossess any collateral,
including, but not limited to, collateral registered under the
Vehicle Code that is subject to a security agreement that contains a
repossession clause. "Assignment" also means any written
authorization by an employer to recover any collateral entrusted to
an employee or former employee in possession of the collateral. A
photocopy of an assignment, facsimile copy of an assignment, or
electronic format of an assignment shall have the same force and
effect as an original written assignment.
(c) "Bureau" means the Bureau of Security and Investigative
Services.
(d) "Chief" means the Chief of the Bureau of Security and
Investigative Services.
(e) "Collateral" means any specific vehicle, trailer, boat,
recreational vehicle, motor home, appliance, or other property that
is subject to a security agreement.
(f) "Combustibles" means any substances or articles that are
capable of undergoing combustion or catching fire, or that are
flammable, if retained.
(g) "Dangerous drugs" means any controlled substances as defined
in Chapter 2 (commencing with Section 11053) of Division 10 of the
Health and Safety Code.
(h) "Deadly weapon" means and includes any instrument or weapon of
the kind commonly known as a blackjack, slungshot, billy, sandclub,
sandbag, metal knuckles, dirk, dagger, pistol, or revolver, or any
other firearm, any knife having a blade longer than five inches, any
razor with an unguarded blade, and any metal pipe or bar used or
intended to be used as a club.
(i) "Debtor" means any person obligated under a security
agreement.
(j) "Department" means the Department of Consumer Affairs.
(k) "Director" means the Director of Consumer Affairs.
(l) "Electronic format" includes, but is not limited to, a text
message, email, or Internet posting.
(m) "Health hazard" means any personal effects that if retained
would produce an unsanitary or unhealthful condition, or which might
damage other personal effects.
(n) "Legal owner" means a person holding a security interest in
any collateral that is subject to a security agreement, a lien
against any collateral, or an interest in any collateral that is
subject to a lease agreement.
(o) "Licensee" means an individual, partnership, limited liability
company, or corporation licensed under this chapter as a
repossession agency.
(p) "Multiple licensee" means a repossession agency holding more
than one repossession license under this chapter, with one fictitious
trade style and ownership, conducting repossession business from
additional licensed locations other than the location shown on the
original license.
(q) "Person" includes any individual, partnership, limited
liability company, or corporation.
(r) "Personal effects" means any property that is not the property
of the legal owner.
(s) "Private building" means and includes any dwelling,
outbuilding, or other enclosed structure.
(t) "Qualified certificate holder" or "qualified manager" is a
person who possesses a valid qualification certificate in accordance
with the provisions of Article 5 (commencing with Section 7504) and
is in active control or management of, and who is a director of, the
licensee's place of business.
(u) "Registered owner" means the individual listed in the records
of the Department of Motor Vehicles, or on a conditional sales
contract, or on a repossession assignment, as the registered owner.
(u)
(v) "Registrant" means a person registered under this
chapter.
(v)
(w) "Repossession" means the locating or recovering of
collateral by means of an assignment.
(w)
(x) "Secured area" means and includes any fenced and
locked area.
(x)
(y) "Security agreement" means an obligation, pledge,
mortgage, chattel mortgage, lease agreement, deposit, or lien, given
by a debtor as security for payment or performance of his or her
debt, by furnishing the creditor with a recourse to be used in case
of failure in the principal obligation. "Security agreement" also
includes a bailment where an employer-employee relationship exists or
existed between the bailor and the bailee.
(y)
(z) "Services" means any duty or labor to be rendered
by one person for another.
(z)
(aa) "Violent act" means any act that results in bodily
harm or injury to any party involved.
(aa)
(bb) The amendments made to this section by Chapter 418
of the Statutes of 2006 shall not be deemed to exempt any person
from the provisions of this chapter.
SEC. 2. Section 7500.3 of the Business
and Professions Code , as amended by Section 1 of Chapter
476 of the Statutes of 2012, is amended to read:
7500.3. (a) A repossession agency shall not include any of the
following:
(1) Any bank subject to the jurisdiction of the Commissioner of
Financial Institutions of the State of California under Division 1
(commencing with Section 99) of the Financial Code or the Comptroller
of the Currency of the United States.
(2) Any person organized, chartered, or holding a license or
authorization certificate to make loans pursuant to the laws of this
state or the United States who is subject to supervision by any
official or agency of this state or the United States.
(3) An attorney at law in performing his or her duties as an
attorney at law.
(4) The legal owner of collateral that is subject to a security
agreement; or a bona fide employee employed exclusively and regularly
by the legal owner of collateral that is subject to a security
agreement. With regard to collateral subject to registration under
the Vehicle Code, the legal owner shall be the legal owner listed on
the records of the Department of Motor Vehicles or the seller or
lessor named on a valid conditional sales contract or rental or lease
agreement if the seller or lessor is a licensed vehicle dealer as
defined in Section 285 of the Vehicle Code.
(5) An officer or employee of the United States of America, or of
this state or a political subdivision thereof, while the officer or
employee is engaged in the performance of his or her official duties.
(6) A qualified certificate holder or a registrant when performing
services for, or on behalf of, a licensee.
(7) A dealer, including its bona fide employees, regularly engaged
in the sale of collateral designed primarily for agricultural use,
as defined in subdivision (b) of Section 51201 of the Government
Code, for use in the care of lawns and gardens, or for use as special
construction equipment, as defined in subdivision (b) of Section 565
of the Vehicle Code, or for use in the production, generation,
storage, or transmission of mechanical or electric energy, that is
subject to a security agreement of the manufacturer or an affiliate
of that manufacturer, provided the following requirements are met:
(A) The dealer or the secured party maintains adequate records of
all repossessions.
(B) The dealer or the secured party completes a collateral
condition report.
(C) The dealer or the secured party records any odometer or hour
meter readings.
(D) The dealer or the secured party creates records of all
transactions pertaining to the sale of the collateral, including, but
not limited to, bids solicited and received, cash received,
remittances to the seller, and allocation of any moneys not so
remitted to appropriate ledger accounts.
(E) The dealer removes and stores any personal effects that were
taken with the collateral for a minimum of 60 days in a secure
manner, completes an inventory of the personal effects, and notes the
date that inventory is taken.
(F) If personal effects that were taken with the collateral are to
be released to someone other than the debtor, the dealer shall
request written authorization to do so from the debtor. The dealer
may dispose of personal effects after storing them for at least 60
days pursuant to subparagraph (E).
(b) Entities described in paragraph (7) of subdivision (a), or a
debtor, lienholder, lessor or or,
lessee, registered owner, or an agent thereof shall not by
any means, directly or indirectly, expressed or implied, instruct,
coerce, or attempt to coerce another person to violate any law,
regulation, or rule regarding the recovery of collateral, including,
but not limited to, the provisions of this chapter or Section 9609 of
the Commercial Code.
(c) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date.
SEC. 2. SEC. 3. Section 7506.9 of
the Business and Professions Code is amended to read:
7506.9. (a) Upon the issuance of the initial registration,
reregistration, or renewal, the chief shall issue to the registrant a
suitable pocket identification card. At the request of the
registrant, the identification card may include a photograph of the
registrant. The photograph shall be of a size prescribed by the
bureau. The card shall contain the name of the licensee with whom the
registrant is registered. The applicant may request to be issued an
enhanced pocket card that shall be composed of durable material and
may incorporate technologically advanced security features. The
bureau may charge a fee sufficient to reimburse the department for
costs for furnishing the enhanced pocket card. The fee charged may
not exceed the actual cost for system development, maintenance, and
processing necessary to provide the service, and may not exceed six
dollars ($6). If the applicant does not request an enhanced card, the
department shall issue a standard card at no cost to the applicant.
(b) Until the registration certificate is issued or denied, a
person may be assigned to work with a temporary registration on a
secure form prescribed by the chief, and issued by the qualified
certificate holder, for a period not to exceed 120 days from the date
the employment or contract commenced, provided the person signs a
declaration under penalty of perjury that he or she has not been
convicted of a felony or committed any other act constituting grounds
for denial of a registration pursuant to Section 7506.8 (unless he
or she declares that the conviction of a felony or the commission of
a specified act or acts occurred prior to the issuance of a
registration by the chief and the conduct was not the cause of any
subsequent suspension or termination of a registration), and that he
or she has read and understands the provisions of this chapter.
(c) The chief shall issue an additional temporary registration for
not less than 60 days nor more than 120 days, if the chief
determines that the investigation of the applicant will take longer
to complete than the initial temporary registration time period.
(d) No person shall perform the duties of a registrant for a
licensee unless the person has in his or her possession a valid
repossessor registration card, a hardcopy printout or electronic copy
of the bureau's approval from the bureau's Internet Web site, which
may include an electronic screenshot of that information, or evidence
of a valid temporary registration or registration renewal as
described in subdivision (b) or (e) of this section or subdivision
(f) of Section 7506.10. Every person, while engaged in any activity
for which licensure is required, shall display his or her valid
pocket card, as provided by regulation.
(e) A person may work as a registrant pending receipt of the
registration card if he or she has been approved by the bureau and
carries on his or her person a hardcopy printout or electronic copy
of the bureau's approval from the bureau's Internet Web site, which
may include an electronic screenshot of that information, and a valid
picture identification.
SEC. 3. SEC. 4. Section 7507.5 of
the Business and Professions Code is amended to read:
7507.5. No charge shall be made for services incurred in
connection with the recovery, transportation, and storage of
collateral except under terms agreed to by the legal owner at the
time of the repossession authorization or specifically agreed upon at
a subsequent time. Repair work, cleaning, or detailing shall not be
performed and shall not be charged to the legal owner.
SEC. 4. SEC. 5. Section 7507.9 of
the Business and Professions Code is amended to read:
7507.9. Except as otherwise provided in this section, personal
effects shall be removed from the collateral, including any personal
effect that is mounted but detachable from the collateral by a
release mechanism. A licensee shall make a good faith effort to
inventory the personal effects, in writing or by photograph, but
shall not inventory or remove trash of any kind or be held
responsible for hidden personal effects. If the licensee is unable to
open a trunk, glove box, or other compartment in the collateral, the
licensee shall notify the legal owner of this inability within 24
hours. The legal owner, within 72 hours of notification, shall either
send to the licensee a key or entry code to the compartment or
authorize the licensee to make a key at the legal owner's expense to
enable the licensee to open and inventory the contents of the
compartment in accordance with this section. The personal effects
shall be labeled and stored by the licensee for a minimum of 60 days
in a secure manner, except those personal effects removed by or in
the presence of the debtor or the party in possession of the
collateral at the time of the repossession. If the licensee or the
licensee's agent cannot determine whether the property attached to
the collateral is a personal effect or a part of the collateral, then
that fact shall be noted on the inventory and the licensee or agent
shall not be obligated to remove the item from the collateral, unless
the item can be removed without the use of tools, in which case it
shall be removed and inventoried. The licensee or the licensee's
agent shall notify the debtor that if the debtor takes the position
that an item is a personal effect, then the debtor shall contact the
legal owner to resolve the issue.
(a) The date and time the inventory is made shall be indicated.
The permanent records of the licensee shall indicate the name of the
employee or registrant who performed the inventory.
(b) The following items of personal effects are items determined
to present a danger or health hazard when recovered by the licensee
and shall be disposed of in the following manner:
(1) Deadly weapons and dangerous drugs shall be turned over to any
law enforcement agency for retention. These items shall be entered
on the inventory and a notation shall be made as to the date and the
time and the place the deadly weapon or dangerous drug was turned
over to the law enforcement agency, and a receipt from the law
enforcement agency shall be maintained in the records of the
repossession agency.
(2) Combustibles shall be inventoried and noted as "disposed of,
dangerous combustible," and the item shall be disposed of in a
reasonable and safe manner.
(3) Food and other health hazard items shall be inventoried and
noted as "disposed of, health hazard," and disposed of in a
reasonable and safe manner.
(c) Personal effects may be disposed of after being held for at
least 60 days. The inventory, and adequate information as to how,
when, and to whom the personal effects were disposed of, shall be
filed in the permanent records of the licensee and retained for four
years.
(d) The inventory shall include the name, address, business hours,
and telephone number of the repossession agency to contact for
recovering the personal effects and an itemization of all personal
effects removal and storage charges that will be made by the
repossession agency. The inventory shall also include the following
statement: "Please be advised that the property listed on this
inventory will be disposed of by the repossession agency after being
held for 60 days from the date of this notice IF UNCLAIMED."
(e) The inventory shall be provided to a debtor not later than 48
hours after the recovery of the collateral, except that if:
(1) The 48-hour period encompasses a Saturday, Sunday, or postal
holiday, the inventory shall be provided no later than 72 hours after
the recovery of the collateral.
(2) The 48-hour period encompasses a Saturday or Sunday and a
postal holiday, the inventory shall be provided no later than 96
hours after the recovery of the collateral.
(3) Inventory resulting from repossession of a yacht, motor home,
or travel trailer is such that it shall take at least four hours to
inventory, then the inventory shall be provided no later than 96
hours after the recovery of the collateral. When the 96-hour period
encompasses a Saturday, Sunday, or postal holiday, the inventory
shall be provided no later than 120 hours after the recovery of the
collateral.
(4) The licensee is unable to open and inventory the contents of a
trunk, glove box, or other compartment in the collateral, the
48-hour period shall be tolled until the legal owner sends to the
licensee a key or entry code to the compartment or authorizes the
licensee to make a key at the legal owner's expense, or 72 hours
elapse after the licensee has informed the legal owner of the
licensee's inability to open and inventory the contents of the trunk,
glove box, or other compartment in the collateral, whichever is
earlier.
(f) Environmental, Olympic, special interest, or other license
plates issued pursuant to Article 8 (commencing with Section 5000),
Article 8.4 (commencing with Section 5060), or Article 8.5
(commencing with Section 5100) of Chapter 1 of Division 3 of the
Vehicle Code that remain the personal effects of the debtor shall be
removed from the collateral and inventoried pursuant to this section.
If the plates are not claimed by the debtor within 60 days, they
shall either (1) be effectively destroyed and the licensee shall,
within 30 days thereafter, notify the Department of Motor Vehicles of
their effective destruction on a form promulgated by the chief that
has been approved as to form by the Director of the Department of
Motor Vehicles; or (2) be retained by the licensee indefinitely to be
returned to the debtor upon request, in which case the licensee
shall not charge more than 60 days' storage on the plates.
(g) The notice may be given by regular mail addressed to the last
known address of the debtor or by personal service at the option of
the repossession agency.
(h) (1) With the consent of the licensee, the debtor waives the
preparation and presentation of an inventory if the debtor redeems
the personal effects or other personal property not covered by a
security interest within the time period for the notices required by
this section and signs a statement that he or she has received all
the property.
(2) A licensee may allow a debtor, or a person in possession of
the collateral at the time of repossession, to sign a waiver
forfeiting personal effects or other personal property not covered by
a security agreement and waiving an inventory of those personal
effects or other personal property. Upon receipt of the waiver, the
licensee shall immediately dispose of the personal effects or other
personal property.
(i) (1) A licensee shall not sell personal effects or other
personal property not covered by a security agreement and remit money
from the sale to a third party, including, but not limited to, any
lending institution.
(2) A licensee shall not release or conspire or agree to release
personal effects or other personal property not covered by a security
agreement to anyone other than the debtor or the person in
possession of the collateral at the time of repossession.
(j) The inventory shall be a confidential document. A licensee
shall only disclose the contents of the inventory under the following
circumstances:
(1) In response to the order of a court having jurisdiction to
issue the order.
(2) In compliance with a lawful subpoena issued by a court of
competent jurisdiction.
(3) When the debtor has consented in writing to the release and
the written consent is signed and dated by the debtor subsequent to
the repossession and states the entity or entities to whom the
contents of the inventory may be disclosed.
(4) To the debtor.
(k) A licensee may store personal effects inside the collateral
until the collateral is no longer in the possession of the licensee.
The collateral shall not leave the possession of the licensee until
all personal effects have been removed.
SEC. 5. SEC. 6. Section 7507.115 of
the Business and Professions Code is amended to read:
7507.115. (a) A licensee shall not appraise or determine the
value of any collateral, whether damaged or not.
(b) (1) Notwithstanding subdivision (a), a licensee may complete a
condition report that makes a general assessment of the collateral.
(2) A condition report does not include all damage or missing
parts.
(3) A condition report shall include the following statement: "In
accordance with Section 7507.115 of the Business and Professions
Code, this condition report is a general assessment of the collateral
and does not include all damage or missing parts."
SEC. 6. SEC. 7. Section 7507.13 of
the Business and Professions Code is amended to read:
7507.13. (a) A licensed repossession agency is not liable for the
act or omission of a legal owner, debtor, lienholder,
lessor or lessor, lessee, registered owner,
or an agent of any of them, in making an assignment to it or
for accepting an assignment from any legal owner, debtor, lienholder,
lessor or lessor, lessee,
registered owner, or an agent of any of them, and is entitled
to indemnity from the legal owner, debtor, lienholder,
lessor or lessee lessor, lessee, or
registered owner for any loss, damage, cost, or expense,
including court costs and attorney's fees, that it may reasonably
incur as a result thereof. Nothing in this subdivision limits the
liability of any person for his or her tortious conduct.
(b) The legal owner, debtor, lienholder, lessor or
lessor, lessee, registered owner, or
the agent of any of them, is not liable for any act or omission by a
licensed repossession agency, or its agent, in carrying out an
assignment and is entitled to indemnity from the repossession agency
for any loss, damage, cost, or expense, including court costs and
attorney's fees, that the legal owner, debtor, lienholder,
lessor or lessor, lessee, registered owner,
or the agent of any of them, may reasonably incur as a result
thereof. Nothing in this subdivision limits the liability of any
person for his or her tortious conduct.
(c) The legal owner, debtor, lienholder, lessor or
lessor, lessee, registered owner, or
the agent of any of them, is not guilty of a violation of Section
7502.1 or 7502.2 if, at the time of the assignment, the party making
the assignment has in its possession a copy of the repossessor's
current, unexpired repossession agency license, and a copy of the
current, unexpired repossession agency's qualified manager's
certificate, and does not have actual knowledge of any order of
suspension or revocation of the license or certificate.
(d) Neither a licensed repossession agency nor a legal owner,
debtor, lienholder, lessor or lessor,
lessee, registered owner, or an agent of any of them may,
by any means, direct or indirect, express or implied, instruct or
attempt to coerce the other to violate any law, regulation, or rule
regarding the recovery of any collateral, including, but not limited
to, the provisions of this chapter or Section 9609 of the Commercial
Code.
(e) A licensed repossession agency, at least annually, on or
before January 31 of each year, shall provide a legal owner from
which the agency accepts an assignment with a copy of this section,
Sections 7500.2, 7507.4, 7507.115, 7507.12, and 7507.125 of this
code, and Section 28 of the Vehicle Code.
SEC. 7. SEC. 8. Section 7508.7 of
the Business and Professions Code is amended to read:
7508.7. (a) Except as otherwise provided by law, a repossession
agency shall not disclose to the public, any person, or any
nongovernmental entity, without a court order, the residence address,
residence telephone number, cellular telephone number, driver's
license number, work schedule, past, present, or future location, or
any other personal information of any licensee, registrant, qualified
certificate holder, qualified manager, employee, or independent
contractor the agency employs.
(b) For the purpose of verifying information for the issuance or
renewal of a policy of insurance, a repossession agency may provide
to an insurance company the name, driver's license number, and date
of birth of a licensee, registrant, qualified certificate holder,
qualified manager, employee, or independent contractor the agency
employs.
SEC. 8. SEC. 9. Section 7509 is
added to the Business and Professions Code, to read:
7509. (a) A person licensed with the bureau under this chapter
may request a review by the Collateral Recovery Disciplinary Review
Committee, as established in Section 7509.1, to contest the
assessment of an administrative fine or to appeal a denial of a
license, unless the denial is ordered by the director in accordance
with Chapter 5 (commencing with Section 11500) of Part 1 of Division
3 of Title 2 of the Government Code.
(b) A request for a review shall be by written notice to the
disciplinary review committee within 30 days of the issuance of the
citation and assessment or denial.
(c) Following a review by the disciplinary review committee, the
appellant shall be notified within 30 days, in writing, by regular
mail, of the committee's decision. At the discretion of the
disciplinary review committee, an appellant may be notified
immediately of the committee's decision once it is made.
(d) If the appellant disagrees with the decision made by the
disciplinary review committee, he or she may request a hearing in
accordance with Chapter 5 (commencing with Section
11500) of Part 1 of Division 3 of Title 2
of the Government Code. A request for a hearing following a decision
by the disciplinary review committee shall be by written notice to
the bureau within 30 days following notice of the committee's
decision.
(e) If the appellant does not request a hearing within 30 days,
the disciplinary review committee's decision shall become final.
(f) Notwithstanding subdivisions (a) to (e), inclusive, when a
hearing is held under this chapter to determine whether an
application for licensure should be granted, the proceedings shall be
conducted in accordance with Chapter 5 (commencing with Section
11500) of Part 1 of Division 3 of Title 2 of the Government Code, and
the director shall have all of the powers granted therein.
SEC. 9. SEC. 10. Section 7509.1 is
added to the Business and Professions Code, to read:
7509.1. (a) The On or before July 1,
2017, the Governor shall appoint a Collateral Recovery
Disciplinary Review Committee, and may remove any member of the
committee for misconduct, incompetency, or neglect of duty. The
committee shall consist of five members. Of the five members, three
members shall be actively engaged in business as a licensed
repossession agency and two members shall be public members. None of
the public members shall be licensees, certificate holders, or
registrants, or engaged in any business or profession in which any
part of the fees, compensation, or revenue thereof is derived from
any licensee.
(b) The disciplinary review committee shall meet as frequently as
may be required. The members shall be paid per diem pursuant to
Section 103 and shall be reimbursed for actual travel expenses. The
members shall serve for a term of four years.
SEC. 10. SEC. 11. Section 7509.2 is
added to the Business and Professions Code, to read:
7509.2. (a) The Collateral Recovery
Disciplinary Review Committee shall perform the following functions:
(a)
(1) Affirm, rescind, or modify all appealed decisions
concerning administrative fines assessed by the director or bureau
against repossession agencies or their employees.
(b)
(2) Affirm, rescind, or modify all appealed decisions
concerning denial of licenses issued by the director or bureau,
except denials or suspensions ordered by the director in accordance
with Chapter 5 (commencing with Section 11500) of Part 1 of Division
3 of Title 2 of the Government Code.
(b) This section shall become operative on July 1, 2017.
SEC. 11. SEC. 12. Section 7509.3 is
added to the Business and Professions Code, to read:
7509.3. (a) The bureau shall provide the
Collateral Recovery Disciplinary Review Committee all evidence used
by the bureau in reaching its decision prior to any review or appeal
of that decision by the committee.
(b) This section shall become operative on July 1, 2017.
SEC. 12. SEC. 13. Section 28 of the
Vehicle Code is amended to read:
28. (a) Whenever possession is taken of any vehicle by or on
behalf of its legal owner under the terms of a security agreement or
lease agreement, the person taking possession shall contact, for the
purpose of providing the information required pursuant to subdivision
(d), within one hour after taking possession of the vehicle, by the
most expeditious means available, the city police department where
the taking of possession occurred, if within an incorporated city, or
the sheriff's department of the county where the taking of
possession occurred, if outside an incorporated city, or the police
department of a campus of the University of California or the
California State University, if the taking of possession occurred on
that campus, and shall within one business day forward a
written notice to the city police or sheriff's department.
campus. If, after an attempt to notify, law enforcement is
unable to receive and record the notification required pursuant to
subdivision (d), the person taking possession of the vehicle shall
continue to attempt notification until the information required
pursuant to subdivision (d) is provided.
(b) If possession is taken of more than one vehicle, the
possession of each vehicle shall be considered and reported as a
separate event.
(c) Any person failing to notify the city police department,
sheriff's department, or campus police department as required by this
section is guilty of an infraction, and shall be fined a minimum of
three hundred dollars ($300), and up to five hundred dollars ($500).
The district attorney, city attorney, or city prosecutor shall
promptly notify the Bureau of Security and Investigative Services of
any conviction resulting from a violation of this section.
(d) For the notification required by this section, the person
shall report only the following information and in the following
order:
(1) The approximate location of the repossession.
(2) The date and approximate time of the repossession.
(3) The vehicle year, make, and model.
(4) The last six digits of the vehicle identification number.
(5) The registered owner as provided on the repossession
assignment.
(6) The legal owner requesting the repossession as provided on the
repossession assignment.
(7) The name of the repossession agency.
(8) The telephone number of the repossession agency.
(e) If a vehicle is removed to a tow yard, storage facility, or
impounding yard after possession is taken of the vehicle on behalf of
its legal owner, the person taking possession has notified the
appropriate city police department, sheriff's department, or campus
police department, as required by this section, and the tow yard,
storage facility, or impounding yard is outside of the jurisdiction
in which the taking of possession occurred, both of the following
shall apply:
(1) The person shall not notify the city police department,
sheriff's department, or campus police department of the jurisdiction
in which the tow yard, storage facility, or impounding yard is
located of the removal.
(2) The tow yard, storage facility, or impounding yard shall
direct the registered owner of the vehicle to the city police
department, sheriff's department, or campus police department of the
jurisdiction in which the taking of possession occurred.
SEC. 14. Section 14602.6 of the Vehicle
Code is amended to read:
14602.6. (a) (1) Whenever a peace officer determines that a
person was driving a vehicle while his or her driving privilege was
suspended or revoked, driving a vehicle while his or her driving
privilege is restricted pursuant to Section 13352 or 23575 and the
vehicle is not equipped with a functioning, certified interlock
device, or driving a vehicle without ever having been issued a driver'
s license, the peace officer may either immediately arrest that
person and cause the removal and seizure of that vehicle or, if the
vehicle is involved in a traffic collision, cause the removal and
seizure of the vehicle without the necessity of arresting the person
in accordance with Chapter 10 (commencing with Section 22650) of
Division 11. A vehicle so impounded shall be impounded for 30 days.
(2) The impounding agency, within two working days of impoundment,
shall send a notice by certified mail, return receipt requested, to
the legal owner of the vehicle, at the address obtained from the
department, informing the owner that the vehicle has been impounded.
Failure to notify the legal owner within two working days shall
prohibit the impounding agency from charging for more than 15 days'
impoundment when the legal owner redeems the impounded vehicle. The
impounding agency shall maintain a published telephone number that
provides information 24 hours a day regarding the impoundment of
vehicles and the rights of a registered owner to request a hearing.
The law enforcement agency shall be open to issue a release to the
registered owner or legal owner, or the agent of either, whenever the
agency is open to serve the public for regular,
nonemergency business.
(b) The registered and legal owner of a vehicle that is removed
and seized under subdivision (a) or their agents shall be provided
the opportunity for a storage hearing to determine the validity of,
or consider any mitigating circumstances attendant to, the storage,
in accordance with Section 22852.
(c) Any period in which a vehicle is subjected to storage under
this section shall be included as part of the period of impoundment
ordered by the court under subdivision (a) of Section 14602.5.
(d) (1) An impounding agency shall release a vehicle to the
registered owner or his or her agent prior to the end of 30 days'
impoundment under any of the following circumstances:
(A) When the vehicle is a stolen vehicle.
(B) When the vehicle is subject to bailment and is driven by an
unlicensed employee of a business establishment, including a parking
service or repair garage.
(C) When the license of the driver was suspended or revoked for an
offense other than those included in Article 2 (commencing with
Section 13200) of Chapter 2 of Division 6 or Article 3 (commencing
with Section 13350) of Chapter 2 of Division 6.
(D) When the vehicle was seized under this section for an offense
that does not authorize the seizure of the vehicle.
(E) When the driver reinstates his or her driver's license or
acquires a driver's license and proper insurance.
(2) No vehicle shall be released pursuant to this subdivision
without presentation of the registered owner's or agent's currently
valid driver's license to operate the vehicle and proof of current
vehicle registration, or upon order of a court.
(e) The registered owner or his or her agent is responsible for
all towing and storage charges related to the impoundment, and any
administrative charges authorized under Section 22850.5.
(f) A vehicle removed and seized under subdivision (a) shall be
released to the legal owner of the vehicle or the legal owner's agent
prior to the end of 30 days' impoundment if all of the following
conditions are met:
(1) The legal owner is a motor vehicle dealer, bank, credit union,
acceptance corporation, or other licensed financial institution
legally operating in this state or is another person, not the
registered owner, holding a security interest in the vehicle.
(2) (A) The legal owner or the legal owner's agent pays all towing
and storage fees related to the seizure of the vehicle. No lien sale
processing fees shall be charged to the legal owner who redeems the
vehicle prior to the 15th day of impoundment. Neither the impounding
authority nor any person having possession of the vehicle shall
collect from the legal owner of the type specified in paragraph (1),
or the legal owner's agent any administrative charges imposed
pursuant to Section 22850.5 unless the legal owner voluntarily
requested a poststorage hearing.
(B) A person operating or in charge of a storage facility where
vehicles are stored pursuant to this section shall accept a valid
bank credit card or cash for payment of towing, storage, and related
fees by a legal or registered owner or the owner's agent claiming the
vehicle. A credit card shall be in the name of the person presenting
the card. "Credit card" means "credit card" as defined in
subdivision (a) of Section 1747.02 of the Civil Code, except, for the
purposes of this section, credit card does not include a credit card
issued by a retail seller.
(C) A person operating or in charge of a storage facility
described in subparagraph (B) who violates subparagraph (B) shall be
civilly liable to the owner of the vehicle or to the person who
tendered the fees for four times the amount of the towing, storage,
and related fees, but not to exceed five hundred dollars ($500).
(D) A person operating or in charge of a storage facility
described in subparagraph (B) shall have sufficient funds on the
premises of the primary storage facility during normal business hours
to accommodate, and make change in, a reasonable monetary
transaction.
(E) Credit charges for towing and storage services shall comply
with Section 1748.1 of the Civil Code. Law enforcement agencies may
include the costs of providing for payment by credit when making
agreements with towing companies on rates.
(3) The legal owner or the legal owner's agent presents a copy of
the assignment, as defined in subdivision (b) of Section 7500.1 of
the Business and Professions Code; a release from the one responsible
governmental agency, only if required by the agency; a
government-issued photographic identification card; and any one of
the following, as determined by the legal owner or the legal owner's
agent: a certificate of repossession for the vehicle, a security
agreement for the vehicle, or title, whether paper or electronic,
showing proof of legal ownership for the vehicle. Any documents
presented may be originals, photocopies, or facsimile copies, or may
be transmitted electronically. The law enforcement agency, impounding
agency, or any other governmental agency, or any person acting on
behalf of those agencies, shall not require any documents to be
notarized. The law enforcement agency, impounding agency, or any
person acting on behalf of those agencies may require the agent of
the legal owner to produce a photocopy or facsimile copy of its
repossession agency license or registration issued pursuant to
Chapter 11 (commencing with Section 7500) of Division 3 of the
Business and Professions Code, or to demonstrate, to the satisfaction
of the law enforcement agency, impounding agency, or any person
acting on behalf of those agencies, that the agent is exempt from
licensure pursuant to Section 7500.2 or 7500.3 of the Business and
Professions Code.
No administrative costs authorized under subdivision (a) of
Section 22850.5 shall be charged to the legal owner of the type
specified in paragraph (1), who redeems the vehicle unless the legal
owner voluntarily requests a poststorage hearing. No city, county,
city and county, or state agency shall require a legal owner or a
legal owner's agent to request a poststorage hearing as a requirement
for release of the vehicle to the legal owner or the legal owner's
agent. The law enforcement agency, impounding agency, or other
governmental agency, or any person acting on behalf of those
agencies, shall not require any documents other than those specified
in this paragraph. The law enforcement agency, impounding agency, or
other governmental agency, or any person acting on behalf of those
agencies, shall not require any documents to be notarized. The legal
owner or the legal owner's agent shall be given a copy of any
documents he or she is required to sign, except for a vehicle
evidentiary hold logbook. The law enforcement agency, impounding
agency, or any person acting on behalf of those agencies, or any
person in possession of the vehicle, may photocopy and retain the
copies of any documents presented by the legal owner or legal owner's
agent.
(4) A failure by a storage facility to comply with any applicable
conditions set forth in this subdivision shall not affect the right
of the legal owner or the legal owner's agent to retrieve the
vehicle, provided all conditions required of the legal owner or legal
owner's agent under this subdivision are satisfied.
(g) (1) A legal owner or the legal owner's agent that obtains
release of the vehicle pursuant to subdivision (f) shall not release
the vehicle to the registered owner of the vehicle, or the person who
was listed as the registered owner when the vehicle was impounded,
or any agents of the registered owner, unless the registered owner is
a rental car agency, until after the termination of the 30-day
impoundment period.
(2) The legal owner or the legal owner's agent shall not
relinquish the vehicle to the registered owner or the person who was
listed as the registered owner when the vehicle was impounded until
the registered owner or that owner's agent presents his or her valid
driver's license or valid temporary driver's license to the legal
owner or the legal owner's agent. The legal owner or the legal owner'
s agent or the person in possession of the vehicle shall make every
reasonable effort to ensure that the license presented is valid and
possession of the vehicle will not be given to the driver who was
involved in the original impoundment proceeding until the expiration
of the impoundment period.
(3) Prior to relinquishing the vehicle, the legal owner may
require the registered owner to pay all towing and storage charges
related to the impoundment and any administrative charges authorized
under Section 22850.5 that were incurred by the legal owner in
connection with obtaining custody of the vehicle.
(4) Any legal owner who knowingly releases or causes the release
of a vehicle to a registered owner or the person in possession of the
vehicle at the time of the impoundment or any agent of the
registered owner in violation of this subdivision shall be guilty of
a misdemeanor and subject to a fine in the amount of two thousand
dollars ($2,000) in addition to any other penalties established by
law.
(5) The legal owner, registered owner, or person in possession of
the vehicle shall not change or attempt to change the name of the
legal owner or the registered owner on the records of the department
until the vehicle is released from the impoundment.
(h) (1) A vehicle removed and seized under subdivision (a) shall
be released to a rental car agency prior to the end of 30 days'
impoundment if the agency is either the legal owner or registered
owner of the vehicle and the agency pays all towing and storage fees
related to the seizure of the vehicle.
(2) The owner of a rental vehicle that was seized under this
section may continue to rent the vehicle upon recovery of the
vehicle. However, the rental car agency may not rent another vehicle
to the driver of the vehicle that was seized until 30 days after the
date that the vehicle was seized.
(3) The rental car agency may require the person to whom the
vehicle was rented to pay all towing and storage charges related to
the impoundment and any administrative charges authorized under
Section 22850.5 that were incurred by the rental car agency in
connection with obtaining custody of the vehicle.
(i) Notwithstanding any other provision of this section, the
registered owner and not the legal owner shall remain responsible for
any towing and storage charges related to the impoundment, any
administrative charges authorized under Section 22850.5, and any
parking fines, penalties, and administrative fees incurred by the
registered owner.
(j) (1) The law enforcement agency and the
impounding agency, including any storage facility acting on behalf of
the law enforcement agency or impounding agency, shall comply with
this section and shall not be liable to the registered owner for the
improper release of the vehicle to the legal owner or the legal owner'
s agent provided the release complies with the provisions of this
section. The legal owner shall indemnify and hold harmless a
storage facility from any claims arising out of the release of the
vehicle to the legal owner or the legal owner's agent and from any
damage to the vehicle after its release, including the reasonable
costs associated with defending any such claims. A law
enforcement agency shall not refuse to issue a release to a legal
owner or the agent of a legal owner on the grounds that it previously
issued a release.
(2) (A) The legal owner of collateral shall, by operation of law
and without requiring further action, indemnify and hold harmless a
law enforcement agency, city, county, city and county, the state, a
tow yard, storage facility, or an impounding yard from a claim
arising out of the release of the collateral to a licensed
repossessor or licensed repossession agency, and from any damage to
the collateral after its release, including reasonable attorney's
fees and costs associated with defending a claim, if the collateral
was released in compliance with this section.
(B) This subdivision shall apply only when collateral is released
to a licensed repossessor, licensed repossession agency, or its
officers or employees pursuant to Chapter 11 (commencing with Section
7500) of Division 3 of the Business and Professions Code.
SEC. 15. Section 14602.9 of the Vehicle
Code is amended to read:
14602.9. (a) An officer of the Department of the California
Highway Patrol may impound a bus of a charter-party carrier for 30
days if the officer determines that any of the following violations
occurred while the bus driver was operating the bus of a
charter-party carrier:
(1) The driver was operating the bus of a charter-party carrier
when the charter-party carrier did not have a permit or certificate
issued by the Public Utilities Commission, pursuant to Section 5375
of the Public Utilities Code.
(2) The driver was operating the bus of a charter-party carrier
when the charter-party carrier was operating the bus with a suspended
permit or certificate from the Public Utilities Commission.
(3) The driver was operating the bus of a charter-party carrier
without having a current and valid driver's license of the proper
class, a passenger vehicle endorsement, or the required certificate.
(b) Within two working days after impoundment, the impounding
agency shall send a notice by certified mail, return receipt
requested, to the legal owner of the vehicle, at the address obtained
from the department, informing the owner that the vehicle has been
impounded. Failure to notify the legal owner within two working days
shall prohibit the impounding agency from charging for more than 15
day's impoundment when the legal owner redeems the impounded vehicle.
The impounding agency shall maintain a published telephone number
that provides information 24 hours a day regarding the impoundment of
vehicles and the rights of a registered owner to request a hearing.
(c) The registered and legal owner of a vehicle that is removed
and seized under subdivision (a) or his or her agent shall be
provided the opportunity for a storage hearing to determine the
validity of, or consider any mitigating circumstances attendant to,
the storage, in accordance with Section 22852.
(d) (1) The impounding agency shall release the vehicle to the
registered owner or his or her agent prior to the end of the
impoundment period under any of the following circumstances:
(A) When the vehicle is a stolen vehicle.
(B) When the vehicle is subject to bailment and is driven by an
unlicensed employee of a business establishment, including a parking
service or repair garage.
(C) When the driver of the vehicle is not the sole registered
owner of the vehicle and the vehicle is being released to another
registered owner of the vehicle who agrees not to allow the driver to
use the vehicle until after the end of the impoundment period and
the charter-party carrier has been issued a valid permit from the
Public Utilities Commission, pursuant to Section 5375 of the Public
Utilities Code.
(2) A vehicle shall not be released pursuant to this subdivision
without presentation of the registered owner's or agent's currently
valid driver's license to operate the vehicle and proof of current
vehicle registration, or upon order of a court.
(e) The registered owner or his or her agent is responsible for
all towing and storage charges related to the impoundment, and any
administrative charges authorized under Section 22850.5.
(f) A vehicle removed and seized under subdivision (a) shall be
released to the legal owner of the vehicle or the legal owner's agent
prior to the end of the impoundment period if all of the following
conditions are met:
(1) The legal owner is a motor vehicle dealer, bank, credit union,
acceptance corporation, or other licensed financial institution
legally operating in this state, or is another person who is not the
registered owner and holds a security interest in the vehicle.
(2) The legal owner or the legal owner's agent pays all towing and
storage fees related to the seizure of the vehicle. A lien sale
processing fee shall not be charged to the legal owner who redeems
the vehicle prior to the 10th day of impoundment. The impounding
authority or any person having possession of the vehicle shall not
collect from the legal owner of the type specified in paragraph (1),
or the legal owner's agent, any administrative charges imposed
pursuant to Section 22850.5 unless the legal owner voluntarily
requested a poststorage hearing.
(3) (A) The legal owner or the legal owner's agent presents either
lawful foreclosure documents or an affidavit of repossession for the
vehicle, and a security agreement or title showing proof of legal
ownership for the vehicle. All presented documents may be originals,
photocopies, or facsimile copies, or may be transmitted
electronically. The impounding agency shall not require a document to
be notarized. The impounding agency may require the agent of the
legal owner to produce a photocopy or facsimile copy of its
repossession agency license or registration issued pursuant to
Chapter 11 (commencing with Section 7500) of Division 3 of the
Business and Professions Code, or to demonstrate, to the satisfaction
of the impounding agency, that the agent is exempt from licensure
pursuant to Section 7500.2 or 7500.3 of the Business and Professions
Code.
(B) Administrative costs authorized under subdivision (a) of
Section 22850.5 shall not be charged to the legal owner of the type
specified in paragraph (1), who redeems the vehicle unless the legal
owner voluntarily requests a poststorage hearing. A city, county, or
state agency shall not require a legal owner or a legal owner's agent
to request a poststorage hearing as a requirement for release of the
vehicle to the legal owner or the legal owner's agent. The
impounding agency shall not require any documents other than those
specified in this paragraph. The impounding agency shall not require
any documents to be notarized.
(C) As used in this paragraph, "foreclosure documents" means an
"assignment" as that term is defined in subdivision (o)
(b) of Section 7500.1 of the Business and
Professions Code.
(g) (1) A legal owner or the legal owner's agent who
obtains release of the vehicle pursuant to subdivision (f) may not
release the vehicle to the registered owner of the vehicle or any
agents of the registered owner, unless the registered owner is a
rental car agency, until after the termination of the impoundment
period.
(2) The legal owner or the legal owner's agent shall not
relinquish the vehicle to the registered owner until the registered
owner or that owner's agent presents his or her valid driver's
license or valid temporary driver's license to the legal owner or the
legal owner's agent. The legal owner or the legal owner's agent
shall make every reasonable effort to ensure that the license
presented is valid.
(3) Prior to relinquishing the vehicle, the legal owner may
require the registered owner to pay all towing and storage charges
related to the impoundment and any administrative charges authorized
under Section 22850.5 that were incurred by the legal owner in
connection with obtaining custody of the vehicle.
(h) (1) A vehicle removed and seized under subdivision (a) shall
be released to a rental agency prior to the end of the impoundment
period if the agency is either the legal owner or registered owner of
the vehicle and the agency pays all towing and storage fees related
to the seizure of the vehicle.
(2) The owner of a rental vehicle that was seized under this
section may continue to rent the vehicle upon recovery of the
vehicle. However, the rental agency shall not rent another vehicle to
the driver of the vehicle that was seized until the impoundment
period has expired.
(3) The rental agency may require the person to whom the vehicle
was rented to pay all towing and storage charges related to the
impoundment and any administrative charges authorized under Section
22850.5 that were incurred by the rental agency in connection with
obtaining custody of the vehicle.
(i) Notwithstanding any other provision of this section, the
registered owner, and not the legal owner, shall remain responsible
for any towing and storage charges related to the impoundment, any
administrative charges authorized under Section 22850.5, and any
parking fines, penalties, and administrative fees incurred by the
registered owner.
(j) The impounding agency is not liable to the registered owner
for the improper release of the vehicle to the legal owner or the
legal owner's agent provided the release complies with this section.
(k) For the purposes of this section, a "bus" means a bus as
defined by Section 233 or a tour bus as defined by Section 612.
(l) For the purposes of this section, a "charter-party carrier"
means a charter-party carrier as defined by Section 5360 of the
Public Utilities Code.
SEC. 16. Section 22651.07 of the
Vehicle Code is amended to read:
22651.07. (a) A person person, including
a law enforcement agency, city, county, city and county, the state, a
tow yard, storage facility, or an impounding yard, that
charges for towing or storage, or both, except for storage unrelated
to a tow, shall do all of the following:
(1) (A) Except as provided in subparagraph (B), post in the office
area of the storage facility, in plain view of the public, the
Towing Fees and Access Notice and have copies readily available to
the public.
(B) An automotive repair dealer, registered pursuant to Article 3
(commencing with Section 9884) of Chapter 20.3 of Division 3 of the
Business and Professions Code, that does not provide towing services
is exempt from the requirement to post the Towing Fees and Access
Notice in the office area.
(2) Provide, upon request, a copy of the Towing Fees and Access
Notice to any owner or operator of a towed or stored vehicle.
(3) Provide a distinct notice on an itemized invoice for any
towing or storage, or both, charges stating: "Upon request, you are
entitled to receive a copy of the Towing Fees and Access Notice."
This notice shall be contained within a bordered text box, printed in
no less than 10-point type.
(b) Prior to receiving payment for any towing, recovery, or
storage-related fees, a person that charges for towing or storage, or
both, shall provide an itemized invoice of actual charges to the
vehicle owner or his or her agent. If an automotive repair dealer,
registered pursuant to Article 3 (commencing with Section 9884) of
Chapter 20.3 of Division 3 of the Business and Professions Code, did
not provide the tow, and passes along, from the tower to the
consumer, any of the information required on the itemized invoice,
pursuant to subdivision (e), the automotive repair dealer shall not
be responsible for the accuracy of those items of information that
remain unaltered.
(c) Prior to paying any towing, recovery, or storage-related fees,
a vehicle owner or his or her agent or a licensed repossessor
shall have the right to all of the following:
(1) Receive his or her personal property, at no charge, during
normal business hours. Normal business hours for releasing
collateral and personal property are Monday through Friday from
8:00 a.m. to 5:00 p.m., inclusive, except state holidays.
(2) Retrieve his or her vehicle during the first 72 hours of
storage and not pay a lien fee.
(3) Request a copy of the Towing Fees and Access Notice.
(4) Be permitted to pay by cash or a valid bank credit card.
Credit charges for towing and storage services shall comply with
Section 1748.1 of the Civil Code. Law enforcement agencies may
include the costs of providing for payment by credit when agreeing
with a towing or storage provider on rates.
(d) The Towing Fees and Access Notice shall be a standardized
document plainly printed in no less that 10-point type. A person may
distribute the form using its own letterhead, but the language of the
Towing Fees and Access Notice shall read as follows:
+------------------------------------------------+
|Towing Fees and Access Notice |
+------------------------------------------------+
| |
+------------------------------------------------+
|Note: The following information is intended to |
|serve as a general summary of some of the laws |
|that provide vehicle owners certain rights when |
|their vehicle is towed. It is not intended to |
|summarize all of the laws that may be |
|applicable nor is it intended to fully and |
|completely state the entire law in any area |
|listed. Please review the applicable California |
|code for a definitive statement of the law in |
|your particular situation. |
+------------------------------------------------+
| |
+------------------------------------------------+
|How much can a towing company charge? |
+------------------------------------------------+
| |
+------------------------------------------------+
|Rates for public tows and storage are generally |
|established by an agreement between the law |
|enforcement agency requesting the tow and the |
|towing company (to confirm the approved rates, |
|you may contact the law enforcement agency that |
|initiated the tow; additionally, these rates |
|are required to be posted at the storage |
|facility). |
+------------------------------------------------+
| |
+------------------------------------------------+
|Rates for private property tows and storage |
|cannot exceed the approved rates for the law |
|enforcement agency that has primary |
|jurisdiction for the property from which the |
|vehicle was removed or the towing company's |
|approved CHP rate. |
+------------------------------------------------+
|Rates for owner's request tows and storage are |
|generally established by mutual agreement |
|between the requestor and the towing company, |
|but may be dictated by agreements |
|established between the requestor's motor club |
|and motor club service provider. |
+------------------------------------------------+
| |
+------------------------------------------------+
|Where can you complain about a towing company? |
+------------------------------------------------+
| |
+------------------------------------------------+
|For public tows: Contact the law enforcement |
|agency initiating the tow. |
+------------------------------------------------+
| |
+------------------------------------------------+
|Your rights if your vehicle is towed: |
+------------------------------------------------+
| |
+------------------------------------------------+
|Generally, prior to paying any towing and |
|storage-related fees you have the right to: |
+------------------------------------------------+
|46 Receive an itemized invoice of |
|actual charges. |
+------------------------------------------------+
|46 Receive your personal property, |
|at no charge, during normal business hours. |
+------------------------------------------------+
|46 Retrieve your vehicle during the |
|first 72 hours of storage and not pay a lien |
|fee. |
+------------------------------------------------+
|46 Request a copy of the Towing Fees |
|and Access Notice. |
+------------------------------------------------+
|46 Pay by cash or valid bank credit |
|card. |
+------------------------------------------------+
|46 Inspect your vehicle or have your |
|insurance carrier inspect your vehicle at the |
|storage facility, at no charge, during normal |
|business hours. |
+------------------------------------------------+
|You have the right to have the vehicle released |
|to you upon (1) payment of all towing and |
|storage-related fees, (2) presentation of a |
|valid photo identification, (3) presentation of |
|reliable documentation showing that you are the |
|owner of the vehicle or that the owner has |
|authorized you to take possession of the |
|vehicle, and (4), if applicable, presentation |
|of any required police or law enforcement |
|release documents. |
+------------------------------------------------+
|Prior to your vehicle being repaired: |
+------------------------------------------------+
|46 You have the right to choose the |
|repair facility and to have no repairs made to |
|your vehicle unless you authorize them in |
|writing. |
+------------------------------------------------+
|46 Any authorization you sign for |
|towing and any authorization you sign for |
|repair must be on separate forms. |
+------------------------------------------------+
| |
+------------------------------------------------+
|What if I do not pay the towing and storage- |
|related fees or abandon my vehicle at the |
|towing company? |
+------------------------------------------------+
| |
+------------------------------------------------+
|Pursuant to Sections 3068.1 to 3074, inclusive, |
|of the Civil Code, a towing company may sell |
|your vehicle and any moneys received will be |
|applied to towing and storage-related fees that |
|have accumulated against your vehicle. |
+------------------------------------------------+
| |
+------------------------------------------------+
|You are responsible for paying the towing |
|company any outstanding balance due on any of |
|these fees once the sale is complete. |
+------------------------------------------------+
| |
+------------------------------------------------+
|Who is liable if my vehicle was damaged during |
|towing or storage? |
+------------------------------------------------+
| |
+------------------------------------------------+
|Generally the owner of a vehicle may recover |
|for any damage to the vehicle resulting from |
|any intentional or negligent act of a person |
|causing the removal of, or removing, the |
|vehicle. |
+------------------------------------------------+
| |
+------------------------------------------------+
|What happens if a towing company violates the |
|law? |
+------------------------------------------------+
| |
+------------------------------------------------+
|If a tow company does not satisfactorily meet |
|certain requirements detailed in this notice, |
|you may bring a lawsuit in court, |
|generally in small claims court. The tower may |
|be civilly liable for damages up to two times |
|the amount charged, not to exceed $500, and |
|possibly more for certain violations. |
+------------------------------------------------+
| |
+------------------------------------------------+
(e) "Itemized invoice," as used in this section, means a written
document that contains the following information. Any document that
substantially complies with this subdivision shall be deemed an
"itemized invoice" for purposes of this section:
(1) The name, address, telephone number, and carrier
identification number as required by subdivision (a) of Section
34507.5 of the person that is charging for towing and storage.
(2) If ascertainable, the registered owner or operator's name,
address, and telephone number.
(3) The date service was initiated.
(4) The location of the vehicle at the time service was initiated,
including either the address or nearest intersecting roadways.
(5) A vehicle description that includes, if ascertainable, the
vehicle year, make, model, odometer reading, license plate number, or
if a license plate number is unavailable, the vehicle identification
number (VIN).
(6) The service dispatch time, the service arrival time of the tow
truck, and the service completion time.
(7) A clear, itemized, and detailed explanation of any additional
services that caused the total towing-related service time to exceed
one hour between service dispatch time and service completion time.
(8) The hourly rate or per item rate used to calculate the total
towing and recovery-related fees. These fees shall be listed as
separate line items.
(9) If subject to storage fees, the daily storage rate and the
total number of days stored. The storage fees shall be listed as a
separate line item.
(10) If subject to a gate fee, the date and time the vehicle was
either accessed, for the purposes of returning personal property, or
was released after normal business hours. Normal business hours are
Monday through Friday from 8:00 a.m. to 5:00 p.m., inclusive, except
state holidays. A gate fee shall be listed as a separate line item.
(11) A description of the method of towing.
(12) If the tow was not requested by the vehicle's owner or
driver, the identity of the person or governmental agency that
directed the tow. This paragraph shall not apply to information
otherwise required to be redacted under Section 22658.
(13) A clear, itemized, and detailed explanation of any additional
services or fees.
(f) "Person," as used in this section, includes those
entities described in subdivision (a) and has the same meaning
as described in Section 470.
(g) An insurer or insurer's agent shall be permitted to pay for
towing and storage charges by bank draft.
(h) A person who violates this section is civilly liable to a
registered or legal owner of the vehicle, or a registered owner's
insurer, for up to two times the amount charged. For any action
brought under this section, liability shall not exceed five hundred
dollars ($500) per vehicle.
(i) This section shall not apply to the towing or storage of a
repossessed vehicle by any person subject to, or exempt from, the
Collateral Recovery Act (Chapter 11 (commencing with Section 7500) of
Division 3 of the Business and Professions Code).
(j) This section does not relieve a person from the obligation to
comply with the provision of any other law.
SEC. 17. Section 22850.5 of the Vehicle
Code is amended to read:
22850.5. (a) A city, county, or city and county, or a state
agency may adopt a regulation, ordinance, or resolution establishing
procedures for the release of properly impounded vehicles to the
registered owner or the agent of the registered owner and for
the imposition of a charge equal to its administrative costs relating
to the removal, impound, storage, or release of the
vehicles. vehicles to the registered owner or to the
agent of the registered owner. Those administrative costs may
be waived by the local or state authority upon verifiable proof that
the vehicle was reported stolen at the time the vehicle was removed.
(b) The following apply to any charges imposed for administrative
costs pursuant to subdivision (a):
(1) The charges shall only be imposed on the registered owner or
the agents of that owner and shall not include any vehicle towed
under an abatement program or sold at a lien sale pursuant to
Sections 3068.1 to 3074, inclusive, of, and Section 22851 of, the
Civil Code unless the sale is sufficient in amount to pay the
lienholder's total charges and proper administrative costs.
(2) Any charges shall be collected by the local or state authority
only from the registered owner or an agent of the registered owner.
(3) The charges shall be in addition to any other charges
authorized or imposed pursuant to this code.
(4) No charge may be imposed for any hearing or appeal relating to
the removal, impound, storage, or release of a vehicle unless that
hearing or appeal was requested in writing by the registered or legal
owner of the vehicle or an agent of that registered or legal owner.
In addition, the charge may be imposed only upon the person
requesting that hearing or appeal.
No administrative costs authorized under subdivision (a) shall be
charged to the legal owner who redeems the vehicle unless the legal
owner voluntarily requests a poststorage hearing. No city, county,
city and county, or state agency shall require a legal owner or a
legal owner's agent to request a poststorage hearing as a requirement
for release of the vehicle to the legal owner or the legal owner's
agent. The impounding agency, or any person acting on behalf of the
agency, shall not require the legal owner or the legal owner's agent
to produce any documents other than those specified in paragraph (3)
of subdivision (f) of Section 14602.6 or paragraph (3) of subdivision
(e) of Section 14602.7. The impounding agency, or any person acting
on behalf of the agency, shall not require any documents to be
notarized.
SEC. 13. No reimbursement is required by this
act pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.
SEC. 18. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution for certain costs that may be incurred by a local agency
or school district because, in that regard, this act creates a new
crime or infraction, eliminates a crime or infraction, or changes the
penalty for a crime or infraction, within the meaning of Section
17556 of the Government Code, or changes the definition of a crime
within the meaning of Section 6 of Article XIII B of the California
Constitution.
However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.