SB 382 California Senate · 2025-2026 Regular Session

Vehicle repossessions.

Summary
Existing law regulates repossession agencies that locate or recover collateral, including vehicles, and provides for their licensure by the Bureau of Security and Investigative Services. Existing law requires a repossession agency to remove personal effects from the collateral, inventory the personal effects, and store the personal effects until claimed or for at least 60 days, as specified. This bill would prohibit a repossession agency from discussing, conspiring, or agreeing with a 3rd party to set a fee, rate, or cost for personal effects and from accepting a hold harmless agreement or release of indemnification in lieu of removing, inventorying, and storing personal effects. Existing law authorizes a person to place a lien on a registered vehicle for authorized towing, storage, or labor associated with recovery or load salvage of the vehicle, among other things. This bill would clarify that provisions relating to vehicle liens do not prohibit a licensed repossession agency from filing a lien. Existing law generally prohibits a tow yard, impounding agency, or governmental agency, or a person acting on their behalf, from refusing to release a vehicle or other collateral to anyone legally entitled to the vehicle or other collateral. Under specified circumstances, including after a vehicle is seized because the driver has a suspended or revoked driver's license, existing law requires a person in possession of a vehicle to release the vehicle without requiring documents other than those specified. This bill would specify that requiring additional documents to release a vehicle is a violation of the statute prohibiting a tow yard, impounding agency, or governmental agency, or a person acting on their behalf, from refusing to release a vehicle or other collateral to anyone legally entitled to the vehicle or other collateral.
Bill status failed 1 of 4 stages cleared
Introduction
Feb 2025
Committee Review
Floor Vote
Governor
Introduced Feb 14, 2025 Last action Feb 2, 2026
Maddy AI version diff · 2 comparisons

What changed between versions

02/14/25 - Introduced 03/24/25 - Amended Senate · 15 edits · Mar 24, 2025
MAJOR
SB 382 was dramatically expanded from a nonsubstantive amendment to state sovereignty language in the Government Code into a comprehensive vehicle repossession and impoundment reform bill. The amended version adds protections for legal owners (banks, credit unions, lienholders) seeking to retrieve vehicles from impoundment, prohibits repossession agencies from colluding on personal effects fees or accepting hold-harmless agreements in lieu of proper storage, and limits the documents and fees that can be required to release a vehicle. The bill now carries fiscal implications as indicated by the change in the fiscal committee designation.
SCOPE

The bill was expanded from amending only Section 100 of the Government Code (a nonsubstantive sovereignty language change) to also amending Business and Professions Code Section 7500.2, adding Civil Code Section 3075, and amending Vehicle Code Sections 4000, 14602.6, 14602.7, and 14602.8.

A co-sponsor was added: the bill is now introduced by Senator Jones Strickland rather than Senator Jones alone.

REQUIREMENT

Repossession agencies are prohibited from discussing, conspiring, or agreeing with a third party to set a fee, rate, or cost for personal effects found in repossessed vehicles.

Repossession agencies are prohibited from accepting a hold harmless agreement or release of indemnification in lieu of removing, inventorying, and storing personal effects as required by existing law.

Impounding agencies and storage facilities must accept a valid bank credit card or cash for payment of towing, storage, and related fees. A facility that refuses a valid credit card is civilly liable for four times the fees owed, capped at $500.

Agencies may not require documents other than those specifically listed (assignment, government-issued photo ID, and one of: repossession certificate, security agreement, or title) to release a vehicle to a legal owner. Requiring additional documents is a violation of Vehicle Code Section 10856(b).

Agencies may not require any documents to be notarized when releasing a vehicle to a legal owner or their agent.

A city, county, or state agency may not require a legal owner to request a poststorage hearing as a condition for release of the vehicle. Administrative charges under Section 22850.5 cannot be collected from a legal owner unless they voluntarily requested a poststorage hearing.

A legal owner who obtains release of a vehicle may not return it to the registered owner or the person who was driving at the time of impoundment until the end of the impoundment period, and must make reasonable efforts to verify the license presented is valid.

Vehicles obtained by a licensed repossessor as release of collateral are exempt from registration requirements while being moved to the repossessor's storage facility or the legal owner's facility. Requiring current registration for such release is a violation of Section 10856(b).

ELIGIBILITY

Legal owners (banks, credit unions, acceptance corporations, licensed financial institutions, or other persons holding a security interest) must be released vehicles before the end of the impoundment period when they pay towing and storage fees and present specified documents.

FISCAL

Lien sale processing fees cannot be charged to a legal owner who redeems a vehicle before the 15th day of impoundment under Sections 14602.6 and 14602.7, or before the 10th day under Section 14602.8 (DUI-related impoundments).

The fiscal committee designation changed from 'no' to 'yes,' indicating the bill now has state fiscal implications.

ENFORCEMENT

A legal owner who knowingly releases a vehicle to the registered owner or the person in possession at the time of impoundment before the end of the impoundment period commits a misdemeanor punishable by a $2,000 fine in addition to other penalties.

DEFINITION

Civil Code Section 3075 clarifies that vehicle lien provisions do not prohibit a licensed repossession agency from filing a lien on a vehicle.

Floor votes

How they voted

No floor votes recorded yet.
Full legislative history

Actions timeline

Total actions
9
Key actions
1
Committee
2
Amendments
1
Apr 2, 2025
Committee
Re-referred to Coms. on B. P. & E.D. and JUD.
upper
Mar 24, 2025
Upper · Passed
From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.
upper
Feb 26, 2025
Committee
Referred to Com. on RLS.
upper
Feb 14, 2025
Introduced
Introduced. Read first time. To Com. on RLS. for assignment. To print.
upper
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Tony Strickland
Tony Strickland
RRepublican
CA
36