BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 1859|
|Office of Senate Floor Analyses | |
|(916) 651-1520 Fax: (916) | |
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THIRD READING
Bill No: AB 1859
Author: Gallagher (R)
Amended: 8/18/16 in Senate
Vote: 21
SENATE BUS., PROF. & ECON. DEV. COMMITTEE: 9-0, 6/27/16
AYES: Hill, Bates, Block, Gaines, Galgiani, Hernandez,
Jackson, Mendoza, Wieckowski
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 76-0, 5/19/16 (Consent) - See last page for
vote
SUBJECT: Collateral recovery: release of vehicle
SOURCE: California Association of Licensed Repossessors
DIGEST: This bill makes the definition of assignment
synonymous with repossession order and makes other technical and
clarifying changes.
Senate Floor Amendments of 8/18/16 make the definition of
"assignment" synonymous with "repossession order."
ANALYSIS:
Existing law:
1) Establishes the Bureau of Security and Investigative
Services (BSIS) within the Department of Consumer Affairs
(DCA) to license and regulate repossessors under the
Collateral Recovery Act (Act). (Business and Professions
(BPC) §§ 7500 - 7511)
AB 1859
Page 2
2) Defines "assignment" as any written authorization by the
legal owner, lienholder, lessor, lessee, registered owner, or
the agent of any of them, to 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. (BPC § 7500.1(a))
This bill:
1) Recasts the definition of "assignment" to also mean
"repossession order".
2) Makes technical changes throughout the bill to reflect this
new terminology.
3) Makes other technical and clarifying changes.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: Yes
SUPPORT: (Verified8/18/16)
California Association of Licensed Repossessors (source)
OPPOSITION: (Verified8/18/16)
None received
ARGUMENTS IN SUPPORT: The California Association of Licensed
AB 1859
Page 3
Repossessors (Sponsor) underscores that "this legislation would
revise the Collateral Recovery Act and the Vehicle Code to
enhance the consumer protections set forth in current laws, and
update the laws where appropriate."
ASSEMBLY FLOOR: 76-0, 5/19/16
AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker,
Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke,
Calderon, Campos, Chau, Chávez, Chiu, Chu, Cooley, Cooper,
Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines,
Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson,
Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger
Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey,
Levine, Linder, Lopez, Low, Maienschein, Mayes, Medina,
Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen,
Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago,
Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber,
Wilk, Wood, Rendon
NO VOTE RECORDED: Chang, Mathis, McCarty, Williams
Prepared by:Mark Mendoza / B., P. & E.D. / (916) 651-4104
8/19/16 18:53:58
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