BILL ANALYSIS
AB 515
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CONCURRENCE IN SENATE AMENDMENTS
AB 515 (Hagman)
As Amended August 26, 2009
Majority vote
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|ASSEMBLY: |73-0 |(May 14, 2009) |SENATE: |39-0 |(September 2, |
| | | | | |2009) |
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Original Committee Reference: B. & P.
SUMMARY : Makes numerous revisions to the Collateral Recovery
Act (Act) and Vehicle code Sections relating to the impound of
vehicles, including: limiting a repossession agency's liability
for damages to a vehicle as a result of electrical failure, or
specified illegal aftermarket parts; allowing impound of any tow
vehicle used to violate the Act; narrowing the definition of
lawful experience for qualified managers of repossession
agencies; clarifying lighting requirements for towed vehicles,
and modifying the requirement for multiple safety chains;
requiring law enforcement agencies to be open, as specified, to
issue impound releases without the necessity of making an
appointment; requiring impound agencies to accept a valid bank
credit card or cash, as specified; and prohibiting a legal or
registered owner from changing the name of the registered owner
until a vehicle is released from impound.
The Senate amendments :
1)Clarify that law enforcement agencies are required to be open,
as specified, to issue impound releases without the necessity
of making an appointment.
2)Double-joint this bill with AB 201 (Oropeza) of 2009, as
specified.
3)Make technical, clarifying changes.
EXISTING LAW :
1)Provides, under the Act, for the licensure and regulation of
repossession agencies by the Bureau of Security and
Investigative Services (BSIS) under the supervision and
control of the Director of the Department of Consumer Affairs
AB 515
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(DCA). Any person who violates the provisions of the Act is
guilty of a crime punishable by fine and imprisonment.
2)Requires an applicant for a qualification certificate to
satisfy certain requirements, including possessing two years
of lawful experience, as specified.
3)Requires every repossession agency office to be under the
active charge of a qualified certificate holder.
4)Requires licensees to serve a debtor with a specified notice
of seizure after the recovery of collateral by the licensee.
5)Provides that a peace officer or, in certain other cases, a
magistrate, may cause the removal and seizure of a vehicle, as
specified. Specifies that a vehicle removed and seized may be
released to the legal owner or the legal owner's agent prior
to the end of 30 days impoundment if certain conditions are
met, including, but not limited to, the requirement that the
legal owner or the legal owner's agent pay all towing and
storage fees related to the seizure of the vehicle.
6)Imposes various tail lamp, stop lamp, turn signal, and
multi-safety chain requirements applicable to towing vehicles.
AS PASSED BY THE ASSEMBLY , this bill was substantially similar
to the version approved by the Senate.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, potential non-reimbursable costs for investigation
and prosecution of misdemeanor penalties for violations of the
new requirements under the Collateral Recovery Act offset to
some extent by penalty revenues.
Analysis Prepared by : Rebecca May / B. & P. / (916) 319-3301
FN: 0002680