BILL ANALYSIS Ó
AB 1859
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CONCURRENCE IN SENATE AMENDMENTS
AB
1859 (Gallagher)
As Amended August 18, 2016
Majority vote
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|ASSEMBLY: |76-0 |(May 19, 2016) |SENATE: | 39-0 |(August 23, |
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Original Committee Reference: B. & P.
SUMMARY: Makes clarifying changes to the Collateral Recovery
Act (Act) and amends the experience requirements for a
repossessor's license. Specifically, this bill:
1)Adds "skip tracing" and "locating" to the definition of
"assignment."
2)Defines "repossession order" as having the same meaning as
"assignment" and adds "repossession order" to provisions that
reference "assignment."
3)Deletes the definition of "repossession."
4)Deletes "debt collection" from the work which may be used to
apply for a qualification certificate.
AB 1859
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5)Makes technical and conforming changes.
The Senate amendments delete the majority of the provisions of
the bill, added the new terms to the definition of assignment,
added "skip tracing" back into the types of qualifying
experience and instead deleted "debt collection," and made
technical and conforming changes.
FISCAL EFFECT: According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS:
Purpose. This bill is sponsored by the California Association
of Licensed Repossessors. According to the author, this bill
"makes necessary clarifying changes to the code."
Background. The Act provides for the licensing and regulation
of repossessors. Among other things, the Act specifies
standards for education, experience, and repossession
procedures. However, the sponsor notes that the Act is out of
date in some instances. Therefore, this bill aims to clarify
and update the Act.
Repossession Order. According to the sponsors, the term
"repossession order" is a commonly used term in the collateral
recovery industry. Currently, the Act only uses the term
"assignment." This bill clarifies that a repossession order is
the same as an assignment.
Experience Requirements. Currently, only experience in skip
tracing, debt collection, or actual collateral recovery may be
used to qualify for a license. This bill deletes debt
collection from the list.
AB 1859
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Analysis Prepared by:
Vincent Chee / B. & P. / (916) 319-3301 FN:
0004890