Vehicle repossessions.
What changed between versions
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.
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).
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.
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.
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.
Civil Code Section 3075 clarifies that vehicle lien provisions do not prohibit a licensed repossession agency from filing a lien on a vehicle.