Amended in Assembly April 1, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2503

Introduced by Assembly Member Hagman

February 21, 2014

An act to amend begin delete Section end delete begin insert Sections 7502.2, 75.4.4, 7505.3, 7507.3, end insert 7508.1 begin insert , and 7508.5 end insert of the Business and Professions Code, and to amend Sections 28, 4000, begin delete and end delete 9561 begin insert , and 22651.1 end insert of, begin insert and to add Section 10856 to, end insert the Vehicle Code, relating to repossessors.

LEGISLATIVE COUNSEL’S DIGEST

AB 2503, as amended, Hagman. Repossessors.

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(1) Under existing law, a financial institution that knowingly engages a nonexempt unlicensed person to repossess collateral on its behalf is guilty of a misdemeanor.

end insert begin insert

This bill would expand the above crime to apply to a dealer, as defined, that sells collateral that may be secured by a security agreement and to a buy-here-pay-here dealer, as defined. By expanding the scope of a crime, this bill would impose a state-mandated local program.

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(2) Existing law requires every office licensed as a repossession agency to be under the active charge of a qualified certificate holder. Existing law requires an applicant for a qualification certificate to meet specified criteria, including a requirement to pass an examination. If an applicant fails an examination, existing law requires the applicant to pay a reexamination fee to be eligible for a subsequent examination.

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This bill would require the applicant to also wait 4 months to be eligible for a subsequent examination.

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(3) Existing law allows a repossession business to continue on a license for 120 days when the qualified certificate holder actively in charge of the office ceases to be in charge because of the death of the licenseholder. Existing law requires a written notice to be made to the Bureau of Security and Investigative Services.

end insert begin insert

This bill would increase the period to 180 days and would require the written notice to identify the person in charge of running the day-to-day operation of the business.

end insert begin delete

(1)

end delete

begin insert (4) end insert  Existing law authorizes the Director of Consumer Affairs to assess administrative fines for various prohibited acts, including using any identification to indicate registration as a repossessor, other than a registration card issued by the Bureau of Security and Investigative Services, except an employer identification card issued by the repossession agency which has bureau approval. Existing law allows an employee of a repossession agency to wear a badge, cap insignia, or jacket patch meeting specified requirements.

This bill would except a badge, cap insignia, or jacket patch from the prohibition on using any identification to indicate registration as a repossessor.

begin delete

(2)

end delete

begin insert (5) end insert  Existing law requires the person taking possession of a vehicle whenever possession is taken by or on behalf of any legal owner under the terms of a security agreement or lease agreement to notify local law enforcement within one hour of the repossession, as specified. Violation of these provisions is a crime.

This bill would require the repossessor to attempt notification within one hour, and to accomplish notification within 2 hours of the repossession, and would specify information that would be required to be provided in the notification.

By expanding the provisions of existing law, the violation of which is a crime, this bill would impose a state-mandated local program.

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(3)

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begin insert (6) end insert  Existing law provides that a vehicle repossessed pursuant to the terms of a security agreement is exempt from registration solely for the purpose of transporting the vehicle from the point of repossession to the storage facilities of the repossessor, and from the storage facilities to the legal owner or a licensed motor vehicle auction, provided that the repossessor transports with the vehicle the appropriate documents authorizing the repossession and makes them available to a law enforcement officer on request.

This bill would additionally provide that a vehicle repossessed pursuant to the terms of a security agreement is exempt from registration solely for the purpose of obtaining release of the vehicle from a law enforcement entity, impounding authority, tow yard, storage facility, or any other person or company that has possession of the vehicle, provided that the repossessor transports with the vehicle the appropriate documents authorizing the repossession and makes them available to a law enforcement officer on request.

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(4)

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begin insert (7) end insert  Existing law provides that if the legal owner, or his or her agent, repossesses a vehicle on which registration renewal fees are due, the Department of Motor Vehicles is to waive any renewal penalties that are due for late payment if the fees are paid within 60 days of taking possession.

This bill would apply those provisions to a repossession by a repossessor.

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(8) Existing law establishes offenses for, among other things, willfully tampering or injuring a vehicle or its contents, as specified.

end insert begin insert

This bill would prohibit a person from interfering with the transport of a vehicle to a storage facility, auction, or dealer by a repossessor once repossession is complete, as provided. Violation of these provisions would be an infraction pursuant to other provisions of law.

end insert begin insert

By creating a new crime, this bill would impose a state-mandated local program.

end insert begin insert

(9) Existing law requires persons operating or in charge of a storage facility where vehicles that have been removed by a peace officer are stored to accept a valid bank credit card or cash for payment of towing and storage by the registered owner of the vehicle, and makes the person liable to the owner of the vehicle for 4 times the amount of the towing and storage charges if the person refuses to accept a valid bank credit card.

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This bill would additionally impose this liability on a person operating or in charge of a storage facility who accepts the card but requires a copy of the card before releasing the vehicle.

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The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

end insert

begin insert Section 7502.2 of the end insert begin insert Business and Professions
Code end insert begin insert is amended to read: end insert

7502.2.  

(a)  begin delete Any end delete begin insert A end insert financial institution begin insert , a dealer as defined by
Section 285 of the Vehicle Code that sells collateral that may be
secured by a security agreement as defined in paragraph (73) of
subdivision (a) of Section 9102 of the Commercial Code, or a
buy-here-pay-here deal as defined by Section 241 of the Vehicle
Code end insert that knowingly engages a nonexempt unlicensed person to
repossess collateral on its behalf is guilty of a misdemeanor, and
is punishable by a fine of five thousand dollars ($5,000).

(b) Within existing resources, the Commissioner begin delete of Financial
Institutions and the Commissioner of Corporations end delete begin insert of Business
Oversight end insert may each designate employees to investigate and report
on violations of this section by any of the licensees of begin delete their
respective departments end delete begin insert the department end insert . Those employees are
authorized to actively cooperate with the bureau in the investigation
of those activities.

(c) A proceeding to impose the fine specified in subdivision (a)
may be brought in any court of competent jurisdiction in the name
of the people of the State of California by the Attorney General
or by any district attorney or city attorney, or with the consent of
the district attorney, by the city prosecutor in any city or city and
county having a full-time city prosecutor, for the jurisdiction in
which the violation occurred. If the action is brought by a district
attorney, the penalty collected shall be paid to the treasurer of the
county in which the judgment is entered. If the action is brought
by a city attorney or city prosecutor, one-half of the penalty
collected shall be paid to the treasurer of the city in which the
judgment was entered and one-half to the treasurer of the county
in which the judgment was entered. If the action is brought by the
Attorney General, all of the penalty collected shall be deposited
in the Private Security Services Fund.

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begin insert SEC. 2. end insert   

end insert

begin insert Section 7504.4 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

7504.4.  

If an applicant fails to pass an initial examination begin insert or
subsequent examination end insert , he or she shall not be eligible for begin delete any end delete begin insert a end insert
subsequent examination begin insert for four months and end insert except upon payment
of the reexamination fee for each subsequent examination,
accompanied by a completed application for reexamination filed
within the time limits and conditions relating to applications for
initial examinations provided in Section 7504.3.

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 7505.3 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

7505.3.  

(a) Whenever a qualified certificate holder actively
in charge of an office ceases to be in charge, the licensee shall file
with the bureau notice, in writing, within 30 days from begin delete such end delete begin insert the end insert
cessation.

If the notice is filed, the license shall remain in force for a period
of 90 days after the filing of the notice. At the end of the 90-day
period or an additional period, not to exceed one year, as specified
by the director, if written notice is not given that a qualified person
is then actively in charge of the office, the agency license shall be
automatically suspended.

If the licensee shall fail to give written notice at the end of the
30-day period, the agency license shall be automatically suspended.

A license suspended under this section may be reinstated upon
payment of the reinstatement fee and submission of a reinstatement
application.

A person who performs any act for which a repossession agency
license is required during the period of suspension is subject to
the penal provisions of Article 3 (commencing with Section 7502),
in addition to the provisions of Article 9 (commencing with Section
7508) and Article 10 (commencing with Section 7510).

(b) In case of the death of a person licensed as an individual, a
member of the immediate family of the deceased licensee shall be
entitled to continue the business under the same license for begin delete 120 end delete
begin insert 180 end insert days following the death of the licensee, provided that written
notice is made to the bureau within 30 days following the death
of the licensee. begin insert The notice shall identify the person in charge of
running the day-to-day operations of the business. end insert At the end of
the begin delete 120-day end delete begin insert 180-day end insert period, the license shall be automatically
canceled. If no request is received within the 30-day period, the
license shall be automatically canceled at the end of that period.

(c) In the case of the death or disassociation of a partner of an
entity licensed as a partnership, the licensee shall notify the bureau,
in writing, within 30 days from the death or disassociation of the
individual. If notice is given, the license shall remain in force for
90 days following the death or disassociation. At the end of that
period, the license shall be automatically canceled. If the licensee
fails to notify the bureau within the 30-day period, the license shall
be automatically canceled at the end of that period.

(d) A license extended under this section is subject to all other
provisions of this chapter.

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begin insert SEC. 4. end insert   

end insert

begin insert Section 7507.3 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

7507.3.  

A repossession agency shall be required to keep and
maintain adequate records of all transactions, including, but not
limited to, assignment forms; vehicle report of repossession
required by Section 28 of the Vehicle Code; vehicle condition
reports, including odometer readings, if available; personal effects
inventory; begin insert and end insert notice of seizure begin delete ; and records of all transactions
pertaining to the sale of collateral that has been repossessed,
including, but not limited to, bids solicited and received, cash
received, deposits made to the trust account, remittances to the
seller, and allocation of any moneys not so remitted to appropriate
ledger accounts end delete . Records, including bank statements of the trust
account, shall be retained for a period of not less than four years
and shall be available for examination by the bureau upon demand.
In addition, collateral and personal effects storage areas shall be
made accessible for inspection by the bureau upon demand. An
assignment form may be an original, a photocopy, a facsimile
copy, or a copy stored in an electronic format.

begin delete SECTION 1. end delete
begin insert SEC. 5. end insert   

Section 7508.1 of the Business and Professions Code
is amended to read:

7508.1.  

The director may assess administrative fines for the
following prohibited acts:

(a) Knowingly making any false report to his or her employer
or client for whom information was being obtained. The fine shall
be one hundred dollars ($100) for the first violation, and five
hundred dollars ($500) for each violation thereafter.

(b) Using any identification to indicate registration as a
repossessor, other than the bureau-issued registration card, except
an employer identification card issued by the repossession agency
which has met bureau approval, or a badge, cap insignia, or jacket
patch as provided in Section 7508.8. A bureau-issued registration
card shall be carried by those individuals specified by Section
7506.3, and shall be shown on demand to any bureau employee
or law enforcement officer. The fine shall be twenty-five dollars
($25) for each violation.

(c) Using an alias in connection with the official activities of
the licensee’s business. A notice of warning shall be issued for the
first violation. Thereafter the fine shall be twenty-five dollars ($25)
for each violation.

(d) Appearing as an assignee party in any court proceeding
involving claim and delivery, replevin, or other possessory court
action, action to foreclose a chattel mortgage, mechanic’s lien,
materialman’s lien, or any other lien. This section shall not prohibit
a licensee from appearing as a defendant in any of the preceding
actions. The fine shall be one hundred dollars ($100) for each
violation.

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begin insert SEC. 6. end insert   

end insert

begin insert Section 7508.5 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

7508.5.  

The director may assess administrative fines against
a repossession agency registrant for the following acts, in addition
to fines imposed pursuant to any other section in this article. The
fine shall be twenty-five dollars ($25) for each of the following
violations:

(a) Knowingly submit a false report begin delete to his or her employer end delete .

(b) Submitting a report to a client without authorization by his
or her employer.

(c) Failing to carry a bureau-issued identification card and failing
to show that card upon demand to a bureau employee or a law
enforcement officer.

(d) Failing to register.

(e) Failing to return his or her registration card to the employer
upon termination.

(f) Failing to report a violent act involving the registrant to the
licensee or the licensee’s qualified certificate holder within 24
hours.

begin delete SEC. 2. end delete
begin insert SEC. 7. end insert   

Section 28 of the Vehicle Code is amended to read:

28.  

(a) Whenever possession is taken of any vehicle by or on
behalf of any legal owner thereof under the terms of a security
agreement or lease agreement, the person taking possession shall
attempt to notify, within one hour, and shall notify, within two
hours, after taking possession of the vehicle, by the most
expeditious means available, the city police department where the
taking of possession occurred, if within an incorporated city, or
the sheriff’s department of the county where the taking of
possession occurred, if outside an incorporated city, or the police
department of a campus of the University of California or the
California State University, if the taking of possession occurred
on that campus, and shall within one business day forward a written
notice to the city police or sheriff’s department.

(b) If possession is taken of more than one vehicle, the
possession of each vehicle shall be considered and reported as a
separate event.

(c) Any person failing to notify the city police department,
sheriff’s department, or campus police department as required by
this section is guilty of an infraction, and shall be fined a minimum
of three hundred dollars ($300), and up to five hundred dollars
($500). The district attorney, city attorney, or city prosecutor shall
promptly notify the Bureau of Security and Investigative Services
of any conviction resulting from a violation of this section.

(d) For the notification required by this section, the person shall
report all of the following:

(1) The location of the repossession.

(2) The registered owner as provided on the assignment.

(3) The individual, company, or legal owner requesting the
repossession.

(4) The vehicle year, make, and model.

(5) The last six digits of the vehicle identification number.

(6) The repossession agency name.

(7) The repossession agency telephone number.

begin delete SEC. 3. end delete
begin insert SEC. 8. end insert   

Section 4000 of the Vehicle Code is amended to read:

4000.  

(a) (1) A person shall not drive, move, or leave standing
upon a highway, or in an offstreet public parking facility, any
motor vehicle, trailer, semitrailer, pole or pipe dolly, or logging
dolly, unless it is registered and the appropriate fees have been
paid under this code or registered under the permanent trailer
identification program, except that an off-highway motor vehicle
which displays an identification plate or device issued by the
department pursuant to Section 38010 may be driven, moved, or
left standing in an offstreet public parking facility without being
registered or paying registration fees.

(2) For purposes of this subdivision, “offstreet public parking
facility” means either of the following:

(A) Any publicly owned parking facility.

(B) Any privately owned parking facility for which no fee for
the privilege to park is charged and which is held open for the
common public use of retail customers.

(3) This subdivision does not apply to any motor vehicle stored
in a privately owned offstreet parking facility by, or with the
express permission of, the owner of the privately owned offstreet
parking facility.

(4) Beginning July 1, 2011, the enforcement of paragraph (1)
shall commence on the first day of the second month following
the month of expiration of the vehicle’s registration. This paragraph
shall become inoperative on January 1, 2012.

(b) No person shall drive, move, or leave standing upon a
highway any motor vehicle, as defined in Chapter 2 (commencing
with Section 39010) of Part 1 of Division 26 of the Health and
Safety Code, which has been registered in violation of Part 5
(commencing with Section 43000) of that Division 26.

(c) Subdivisions (a) and (b) do not apply to off-highway motor
vehicles operated pursuant to Sections 38025 and 38026.5.

(d) This section does not apply, following payment of fees due
for registration, during the time that registration and transfer is
being withheld by the department pending the investigation of any
use tax due under the Revenue and Taxation Code.

(e) Subdivision (a) does not apply to a vehicle that is towed by
a tow truck on the order of a sheriff, marshal, or other official
acting pursuant to a court order or on the order of a peace officer
acting pursuant to this code.

(f) Subdivision (a) applies to a vehicle that is towed from a
highway or offstreet parking facility under the direction of a
highway service organization when that organization is providing
emergency roadside assistance to that vehicle. However, the
operator of a tow truck providing that assistance to that vehicle is
not responsible for the violation of subdivision (a) with respect to
that vehicle. The owner of an unregistered vehicle that is disabled
and located on private property, shall obtain a permit from the
department pursuant to Section 4003 prior to having the vehicle
towed on the highway.

(g) A vehicle repossessed pursuant to the terms of a security
agreement is exempt from registration solely for the purpose of
obtaining release of the vehicle from a law enforcement entity,
impounding authority, tow yard, storage facility, or any other
person or company that has possession of the vehicle, provided
that the repossessor transports with the vehicle the appropriate
documents authorizing the repossession and makes them available
to a law enforcement officer on request.

(h) For purposes of this section, possession of a California
driver’s license by the registered owner of a vehicle shall give rise
to a rebuttable presumption that the owner is a resident of
California.

begin delete SEC. 4. end delete
begin insert SEC. 9. end insert   

Section 9561 of the Vehicle Code is amended to read:

9561.  

(a) When a legal owner, his or her agent, or a repossessor
who is licensed pursuant to Chapter 11 (commencing with Section
7500) of Division 3 of the Business and Professions Code
repossesses a vehicle on which renewal fees are due, the department
shall waive any renewal penalties that are due for late payment if
the fees are paid within 60 days of taking possession.

(b) Notwithstanding any other provisions of this code, when a
repossessed vehicle is sold through a dealer conducting a wholesale
motor vehicle auction as provided in subdivision (b) of Section
4456 and Article 5 (commencing with Section 6100) of Chapter
2 of Division 3, any penalties that may be due are waived, if all
renewal fees that are due are paid not later than 60 days after the
date of sale at the auction.

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begin insert SEC. 10. end insert   

end insert

begin insert Section 10856 is added to the end insert begin insert Vehicle Code end insert begin insert , to read: end insert

begin insert

begin insert 10856. end insert   

A person shall not interfere with the transport of a
vehicle to a storage facility, auction, or dealer by a repossessor
who is licensed pursuant to Chapter 11 (commencing with Section
7500) of Division 3 of the Business and Professions Code once
repossession is complete as provided in Section 7507.12 of the
Business and Professions Code.

end insert

begin insert

begin insert SEC. 11. end insert   

end insert

begin insert Section 22651.1 of the end insert begin insert Vehicle Code end insert begin insert is amended to
read: end insert

22651.1.  

Persons operating or in charge of any storage facility
where vehicles are stored pursuant to Section 22651 shall accept
a valid bank credit card or cash for payment of towing and storage
by the registered owner, legal owner, or the owner’s agent claiming
the vehicle. A credit card shall be in the name of the person
presenting the card. “Credit card” means “credit card” as defined
in subdivision (a) of Section 1747.02 of the Civil Code, except,
for the purposes of this section, credit card does not include a credit
card issued by a retail seller. A person operating or in charge of
any storage facility who refuses to accept a valid bank credit card begin insert ,
or who accepts the card but requires a copy of the card before
releasing the vehicle, end insert shall be liable to the owner of the vehicle or
to the person who tendered the fees for four times the amount of
the towing and storage charges, but not to exceed five hundred
dollars ($500). In addition, persons operating or in charge of the
storage facility shall have sufficient funds on the premises to
accommodate and make change in a reasonable monetary
transaction.

Credit charges for towing and storage services shall comply with
Section 1748.1 of the Civil Code. Law enforcement agencies may
include the costs of providing for payment by credit when agreeing
with a towing or storage provider on rates.

begin delete SEC. 5. end delete
begin insert SEC. 12. end insert   

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.