BILL ANALYSIS Ó
AB 1222
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Date of Hearing: May 13, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB
1222 (Bloom) - As Amended April 29, 2015
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Urgency: No State Mandated Local Program: YesReimbursable:
No
SUMMARY:
This bill places new requirements on tow truck operators to curb
"bandit towing" practices involving disabled vehicles and
vehicles in an accident. Specifically, this bill:
AB 1222
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1)Makes it a misdemeanor for a tow truck operator to stop at the
scene of an accident or near a disabled vehicle to solicit
towing services, unless requested by a law enforcement
officer, public agency, or the operator of the disable
vehicle.
2)Specifies information that a tow truck operator must possess
when summoned to or flagged down to assist the owner of a
disabled vehicle, or summoned by a law enforcement officer or
public agency.
3)Requires a tow truck operator, prior to attaching a vehicle to
a truck, to furnish the vehicle owner a written itemized
estimate of all charges and services to be performed, except
if summoned by a motor club upon request of the vehicle owner
or by a law enforcement officer or public agency.
4)Requires the tow company owner or operator to maintain the
information specified in (2) and (3) for three years and to
make the information available within 48 hours of a request by
a law enforcement entity or prosecutor.
5)Stipulates that towing and storage fees shall not exceed the
greater of (a) the fee that would have been charged if done at
the request of the local law enforcement agency, or (b) the
rate approved by the CHP for the jurisdiction where the
vehicle was removed.
6)Makes a willful violation of (2), (3) or (4) a misdemeanor
punishable by a fine of up to $2,500 and/or imprisonment in
county jail for up to three months.
AB 1222
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FISCAL EFFECT:
Potential nonreimbursable costs for enforcement, offset to some
extent by fine revenues.
COMMENTS:
1)Background. Nearly a decade ago there was a growing problem
with bandit towing, whereby to tow truck operator would remove
a legitimately parked car, take it to a storage lot, and then
charge inflated towing and storage fees. In response, AB 2210
(Goldberg), Chapter 609, Statutes of 2006, required written
approval before the tow operator could remove a parked car. If
the tow was on private property, the written approval had to
come from the property owner and, if on public property, the
written approval was required to be from law enforcement or a
public agency. AB 2210, among other things, also required tow
operators to maintain California Highway Patrol (CHP)-approved
rates, vehicle storage facilities release towed vehicles after
normal business hours, and set specified storage rate fees.
According to the Los Angeles City Attorney's office, the
sponsor of AB 1222, after AB 2210 took effect, incidences of
predatory towing dropped dramatically in the Los Angeles area.
2)Purpose. It is believed that many unscrupulous tow operators
simply moved their operations "to the streets" and began
illicitly towing disabled vehicles or vehicles involved in
accidents. According to the sponsor, in a little over a year,
586 incidences of bandit towing were reported in California
with most occurring in the Los Angeles area. The author has
introduced AB 1222 as a further effort to curb these predatory
towing practices by adopting requirements similar to those of
AB 2210.
AB 1222
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Analysis Prepared by:Chuck Nicol / APPR. / (916)
319-2081