BILL ANALYSIS
Senate Appropriations Committee Fiscal Summary
Senator Christine Kehoe, Chair
515 (Hagman)
Hearing Date: 07/13/2009 Amended: 07/072009
Consultant: Jacqueline Wong-HernandezPolicy Vote: Judiciary 5-0
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BILL SUMMARY: AB 515 makes numerous revisions to the Collateral
Recovery Act (CRA) and Vehicle Code Sections relating to the
impoundment of vehicles. Specifically, this bill:
1)Limits a repossession agency's liability for damages to a
vehicle as a result of electrical failure, or specified
illegal aftermarket parts;
2)Allows impoundment of any tow vehicle used to violate the CRA;
3)Narrows the definition of experience for qualified managers of
repossession agencies;
4)Clarifies lighting requirements for towed vehicles, and
changes the requirement for multiple safety chains;
5)Requires law enforcement agencies that impound vehicles to
remain open, without the necessity of making an appointment,
to issue a release whenever the agency is open to serve the
public;
6)Requires impounding agencies to accept a valid bank credit
card or cash, as specified; and
7)Prohibits a legal or registered owner from changing the name
of the registered owner until a vehicle is released from
impoundment.
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Fiscal Impact (in thousands)
Major Provisions 2009-10 2010-11 2011-12 Fund
New reimbursable mandate Unknown, potentially
significant General
on local law enforcement
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STAFF COMMENTS: This bill meets the criteria for referral to the
Suspense File.
This bill makes numerous changes to the CRA and Vehicle Code
Sections, most of which are unlikely to incur state costs.
This bill, however, appears to create a new reimbursable state
mandate on local law enforcement agencies by requiring that they
remain open, without the necessity of making an appointment, to
issue a release whenever the agency is open to serve the public.
Some counties keep limited hours for release of vehicles or
require scheduled appointments to retrieve a vehicle. To the
degree that this requirement creates a need for additional
staffing, the state may be forced to reimburse local law
enforcement for this expansion of duties. Moreover, counties
that already comply with this provision of the bill can request
reimbursement for activities they were already completing
because of the state mandate.
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AB 515 (Hagman)
The language "whenever the agency is open to serve the public"
is vague. While many large counties issue releases of vehicles
(when they contract with impoundment facilities) without an
appointment, during normal business hours, many law enforcement
agencies are technically open to serve the public 24 hours a
day. Staff recommends the bill be amended to clarify that
vehicles should be released during hours in which counters are
staffed for regular, non-emergency business.