Bill Text: CA AB1722 | 2009-2010 | Regular Session | Introduced
Bill Title: Collateral recovery.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-04-20 - From committee: Do pass, and re-refer to Com. on APPR. with recommendation: To Consent Calendar. Re-referred. (Ayes 10. Noes 0.) (April 20). [AB1722 Detail]
Download: California-2009-AB1722-Introduced.html
BILL NUMBER: AB 1722 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Hagman
FEBRUARY 3, 2010
An act to amend Sections 7504, 7504.2, 7506.5, 7506.9, 7507.3,
7507.9, and 7507.12 of the Business and Professions Code, and to
amend Sections 14602.8 and 22651 of the Vehicle Code, relating to
collateral recovery.
LEGISLATIVE COUNSEL'S DIGEST
AB 1722, as introduced, Hagman. Collateral recovery.
Existing law, the Collateral Recovery Act, provides for the
licensure and regulation of repossession agencies by the Bureau of
Security and Investigative Services under the supervision and control
of the Director of Consumer Affairs. Any person who violates these
provisions is guilty of a crime punishable by fine and imprisonment.
Existing law requires an applicant for a qualification certificate or
for an initial registration or reregistration to submit an
application to the bureau and include certain personal information in
the application that is confidential and is prohibited from being
disclosed to the public.
This bill would specify that a repossession agency is also
prohibited from disclosing that personal information, including the
cell phone number, of an applicant for a qualification certificate or
for an initial registration or reregistration.
Existing law requires the bureau to give examinations and
reexaminations for a qualification certificate every other month.
This bill would instead require those examinations to be given
every 3 months.
Existing law prohibits a person from performing the duties of a
registrant for a licensed repossession agency unless the person has
in his or her possession a valid repossessor registration card or
evidence of a valid temporary registration or registration renewal.
This bill would authorize a person to perform the duties of a
registrant for a licensee pending receipt of a registration card if
the person has been approved by the bureau and carries on his or her
person a hardcopy printout of the bureau's approval from the bureau's
Internet Web site.
Existing law requires a repossession agency to keep and maintain
adequate records of all transactions, including assignment forms.
Existing law authorizes an assignment form to be an original,
photocopy, facsimile copy, or a copy stored in electronic format.
This bill would also authorize an assignment form to be a copy
stored in an e-mail or text message.
Existing law requires a repossession agency to inventory the
personal effects removed from recovered collateral and authorizes
those personal effects to be disposed of after being held for at
least 60 days. Existing law requires the inventory to be filed in the
permanent records of the licensee. Existing law establishes that the
inventory is a confidential document and prohibits the disclosure of
the contents of the inventory except under specified circumstances.
This bill would provide that the inventory of personal effects is
only required to be filed in the permanent records of the licensee
for a period of 4 years. The bill would require out-of-state license
plates to be removed from collateral and inventoried. The bill would
provide that disclosing the existence of an inventory and any
associated fees is also prohibited except under specified
circumstances.
Existing law provides a repossession of certain collateral that is
subject to vehicle registration is complete when the repossessor
gains entry to the collateral or when the collateral becomes
connected to a tow truck or the repossessors tow vehicle.
This bill would also provide that a repossession of that
collateral is complete when the repossessor moves, pushes, or gains
control of the collateral.
Existing law authorizes a peace officer or certain employees, who
are engaged in directing traffic or enforcing parking laws and
regulations, of a city, county, or jurisdiction of a state agency in
which a vehicle is located, to remove a vehicle under specified
circumstances, including, among other circumstances, when a vehicle
is found or operated upon a highway, public land, or an offstreet
parking facility with a registration card that is fraudulent or not
for that vehicle or with a registration expiration date in excess of
6 months before the date the vehicle is found or operated. Existing
law authorizes these removed vehicles to be released to the owner or
person in control of the vehicle after the owner or person furnishes
the storing law enforcement agency with proof of current registration
and a currently valid driver's license to operate the vehicle.
Existing law authorizes the impoundment of a removed vehicle, or a
vehicle found upon a highway or public land, that has been issued 5
or more notices of parking violations to which the owner or person in
control of the vehicle has not responded, or if the registered owner
of the vehicle is known to have been issued 5 or more notices for
failure to pay or failure to appear in court for traffic violations,
as specified. Existing law authorizes these impounded vehicles to be
released to the legal owner if certain conditions have been
satisfied, including, among other things, that the legal owner
completes a specified affidavit.
This bill would, for a vehicle removed for having a fraudulent or
expired registration, authorize the vehicle to be released to the
legal owner or the legal owner's agent without proof of current
registration if the vehicle will only be transported to a repossessor'
s storage facility, and from the storage facility to the legal owner
or a licensed motor vehicle auction, as specified. The bill would
also delete the requirement that a legal owner complete an affidavit
in order to release a vehicle impounded for failure to respond to
parking violation notices or for failure to pay or appear in court
for traffic violations.
Because a violation of the bill's provisions under the Collateral
Recovery Act would be a crime, the bill would impose a state-mandated
local program.
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:
SECTION 1. Section 7504 of the Business and Professions Code is
amended to read:
7504. (a) Except as otherwise provided in this chapter, an
applicant for a qualification certificate shall comply with all of
the following:
(1) Be at least 18 years of age.
(2) Have been, for at least two years of lawful experience, during
the five years preceding the date on which his or her application is
filed, a registrant or have had two years of lawful experience in
recovering collateral within this state. Lawful experience means
experience in recovering collateral as a registrant pursuant to this
chapter or as a salaried employee of a financial institution or
vehicle dealer. Lawful experience does not include any employment
performing work other than skip tracing, debt collection, or actual
collateral recovery.
Two years' experience shall consist of not less than 4,000 hours
of actual compensated work performed by the applicant preceding the
filing of an application.
An applicant shall certify that he or she has completed the
claimed hours of qualifying experience and the exact details as to
the character and nature thereof by written certifications from the
employer, licensee, financial institution, or vehicle dealer, subject
to independent verification by the director as he or she may
determine. In the event of the inability of an applicant to supply
the written certifications from the employer, licensee, financial
institution or vehicle dealer, in whole or in part, applicants may
offer other written certifications from other persons substantiating
their experience for consideration by the director. All
certifications shall include a statement that representations made
are true, correct, and contain no material omissions of fact to the
best knowledge and belief of the applicant or the person submitting
the certification. An applicant or person submitting the
certification who declares as true any material matter pursuant to
this paragraph that he or she knows to be false is guilty of a
misdemeanor.
(3) Complete and forward to the bureau a qualified certificate
holder application which shall be on a form prescribed by the
director and signed by the applicant. An applicant who declares as
true any material matter pursuant to this paragraph that he or she
knows to be false is guilty of a misdemeanor. The application shall
be accompanied by two recent photographs of the applicant, of a type
prescribed by the director, and two classifiable sets of his or her
fingerprints. The residence address, residence telephone number,
cell phone number, and driver's license number of each
qualified certificate holder or applicant for a qualification
certificate, if requested, shall be confidential pursuant to the
Information Practices Act of 1977 (Chapter 1 (commencing with Section
1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code) and
shall not be released to the public by the bureau or the
repossession agency .
(4) Pass the required examination.
(5) Pay the required application and examination fees to the
bureau.
(b) Upon the issuance of the initial qualification certificate or
renewal qualification certificate, the bureau shall issue to the
certificate holder a suitable pocket identification card which
includes a photograph of the certificate holder. The photograph shall
be of a size prescribed by the bureau. The card shall contain the
name of the licensee with whom the certificate holder is employed.
(c) The application form shall contain a statement informing the
applicant that a false or dishonest answer to a question may be
grounds for denial or subsequent suspension or revocation of a
qualification certificate.
SEC. 2. Section 7504.2 of the Business and Professions Code is
amended to read:
7504.2. Examinations and reexaminations shall be given at least
once every other month three months at
such places and on such specific dates as the chief may from time to
time determine and fix.
SEC. 3. Section 7506.5 of the Business and Professions Code is
amended to read:
7506.5. All information obtained on the application shall be
confidential pursuant to the Information Practices Act (Chapter 1
(commencing with Section 1798) of Title 1.8 of Part 4 of Division 3
of the Civil Code) and shall not be released to the public except for
the registrant's full name, the licensee's name and address, and the
registration number. A repossession agency shall not disclose
to the public the residence address, residence telephone number, cell
phone number, or driver's license number of any registrant.
The application shall be verified and shall include:
(a) The full name, residence address, residence telephone number,
date and place of birth, and driver's license number of the applicant
or registrant.
(b) A statement listing any and all names used by the applicant or
registrant, other than the name by which he or she is currently
known. If the applicant or registrant has never used a name other
than his or her true name, this fact shall be set forth in the
statement.
(c) The name and address of the licensee and the date the
employment or contract commenced.
(d) The title of the position occupied by the applicant or
registrant and a description of his or her duties.
(e) Two recent photographs of the applicant or registrant, of a
type prescribed by the chief, and two classifiable sets of his or her
fingerprints, one set of which shall be forwarded to the Federal
Bureau of Investigation for purposes of a background check.
(f) The bureau may impose a fee not to exceed three dollars ($3)
for processing classifiable fingerprint cards submitted by
applicants, excluding those submitted into an electronic fingerprint
system using electronic fingerprint technology.
SEC. 4. Section 7506.9 of the Business and Professions Code is
amended to read:
7506.9. (a) Upon the issuance of the initial registration,
reregistration or renewal, the chief shall issue to the registrant a
suitable pocket identification card. At the request of the
registrant, the identification card may include a photograph of the
registrant. The photograph shall be of a size prescribed by the
bureau. The card shall contain the name of the licensee with whom the
registrant is registered. The applicant may request to be issued an
enhanced pocket card that shall be composed of durable material and
may incorporate technologically advanced security features. The
bureau may charge a fee sufficient to reimburse the department for
costs for furnishing the enhanced pocket card. The fee charged may
not exceed the actual cost for system development, maintenance, and
processing necessary to provide the service, and may not exceed six
dollars ($6). If the applicant does not request an enhanced card, the
department shall issue a standard card at no cost to the applicant.
(b) Until the registration certificate is issued or denied, a
person may be assigned to work with a temporary registration on a
secure form prescribed by the chief, and issued by the qualified
certificate holder, that has been embossed by the bureau with the
state seal for a period not to exceed 120 days from the date the
employment or contract commenced, provided the person signs a
declaration under penalty of perjury that he or she has not been
convicted of a felony or committed any other act constituting grounds
for denial of a registration pursuant to Section 7506.8 (unless he
or she declares that the conviction of a felony or the commission of
a specified act or acts occurred prior to the issuance of a
registration by the chief and the conduct was not the cause of any
subsequent suspension or termination of a registration), and that he
or she has read and understands the provisions of this chapter.
(c) The chief shall issue an additional temporary registration for
not less than 60 days nor more than 120 days, if the chief
determines that the investigation of the applicant will take longer
to complete than the initial temporary registration time period.
(d) No person shall perform the duties of a registrant for a
licensee unless the person has in his or her possession a valid
repossessor registration card or evidence of a valid temporary
registration or registration renewal as described in subdivision (b)
of this section or subdivision (c) of Section 7506.10. Every person,
while engaged in any activity for which licensure is required, shall
display his or her valid pocket card as provided by regulation.
(e) A person may work as a registrant pending receipt of the
registration card if he or she has been approved by the bureau and
carries on his or her person a hardcopy printout of the bureau's
approval from the bureau's Internet Web site and a valid picture
identification.
(f) In the event of the loss or destruction of the card, the
cardholder may apply to the bureau for a certified replacement of the
card stating the circumstances surrounding the loss, pay a
ten-dollar ($10) certification fee, and the bureau shall issue a
certified replacement of the card.
SEC. 5. Section 7507.3 of the Business and Professions Code is
amended to read:
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; notice of seizure; 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. 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 e-mail, text message, or other electronic
format.
SEC. 6. Section 7507.9 of the Business and Professions Code is
amended to read:
7507.9. Personal effects shall be removed from the collateral,
including any personal effect that is mounted but detachable from the
collateral by a release mechanism. A complete and accurate inventory
of the personal effects shall be made, and the personal effects
shall be labeled and stored by the licensee for a minimum of 60 days
in a secure manner, except those personal effects removed by or in
the presence of the debtor or the party in possession of the
collateral at the time of the repossession. If the licensee or the
licensee's agent cannot determine whether the property attached to
the collateral is a personal effect or a part of the collateral, then
that fact shall be noted on the inventory and the licensee or agent
shall not be obligated to remove the item from the collateral, unless
the item can be removed without the use of tools, in which case it
shall be removed and inventoried. The licensee or the licensee's
agent shall notify the debtor that if the debtor takes the position
that an item is a personal effect, then the debtor shall contact the
legal owner to resolve the issue.
(a) The date and time the inventory is made shall be indicated.
The permanent records of the licensee shall indicate the name of the
employee or registrant who performed the inventory.
(b) The following items of personal effects are items determined
to present a danger or health hazard when recovered by the licensee
and shall be disposed of in the following manner:
(1) Deadly weapons and dangerous drugs shall be turned over to any
law enforcement agency for retention. These items shall be entered
on the inventory and a notation shall be made as to the date and the
time and the place the deadly weapon or dangerous drug was turned
over to the law enforcement agency, and a receipt from the law
enforcement agency shall be maintained in the records of the
repossession agency.
(2) Combustibles shall be inventoried and noted as "disposed of,
dangerous combustible," and the item shall be disposed of in a
reasonable and safe manner.
(3) Food and other health hazard items shall be inventoried and
noted as "disposed of, health hazard," and disposed of in a
reasonable and safe manner.
(c) Personal effects may be disposed of after being held for at
least 60 days. The inventory, and adequate information as to how,
when, and to whom the personal effects were disposed of, shall be
filed in the permanent records of the licensee and retained for
four years .
(d) The inventory shall include the name, address, business hours,
and telephone number of the repossession agency to contact for
recovering the personal effects and an itemization of all personal
effects removal and storage charges that will be made by the
repossession agency. The inventory shall also include the following
statement: "Please be advised that the property listed on this
inventory will be disposed of by the repossession agency after being
held for 60 days from the date of this notice IF UNCLAIMED."
(e) The inventory shall be provided to a debtor not later than 48
hours after the recovery of the collateral, except that if:
(1) The 48-hour period encompasses a Saturday, Sunday, or postal
holiday, the inventory shall be provided no later than 72 hours after
the recovery of the collateral.
(2) The 48-hour period encompasses a Saturday or Sunday and a
postal holiday, the inventory shall be provided no later than 96
hours after the recovery of the collateral.
(3) Inventory resulting from repossession of a yacht, motor home,
or travel trailer is such that it shall take at least four hours to
inventory, then the inventory shall be provided no later than 96
hours after the recovery of the collateral. When the 96-hour period
encompasses a Saturday, Sunday, or postal holiday, the inventory
shall be provided no later than 120 hours after the recovery of the
collateral.
(f) Environmental, Olympic, special interest, or other license
plates issued pursuant to Article 8 (commencing with Section 5000),
Article 8.4 (commencing with Section 5060) or Article 8.5 (commencing
with Section 5100) of Chapter 1 of Division 3 of the Vehicle Code
that remain the personal effects of the debtor , or out-of-state
plates, shall be removed from the collateral and inventoried
pursuant to this section. If the plates are not claimed by the debtor
within 60 days, they shall either (1) be effectively destroyed and
the licensee shall, within 30 days thereafter, notify the Department
of Motor Vehicles of their effective destruction on a form
promulgated by the chief that has been approved as to form by the
Director of the Department of Motor Vehicles; or (2) be retained by
the licensee indefinitely to be returned to the debtor upon request,
in which case the licensee shall not charge more than 60 days'
storage on the plates.
(g) The notice may be given by regular mail addressed to the last
known address of the debtor or by personal service at the option of
the repossession agency.
(h) With the consent of the licensee, the debtor may waive the
preparation and presentation of an inventory if the debtor redeems
the personal effects or other personal property not covered by a
security interest within the time period for the notices required by
this section and signs a statement that he or she has received all
the property.
(i) If personal effects or other personal property not covered by
a security agreement are to be released to someone other than the
debtor, the repossession agency may request written authorization to
do so from the debtor.
(j) The inventory shall be a confidential document. A licensee
shall only disclose the existence of and the contents of
the inventory , and any associated fees, under the
following circumstances:
(1) In response to the order of a court having jurisdiction to
issue the order.
(2) In compliance with a lawful subpoena issued by a court of
competent jurisdiction.
(3) When the debtor has consented in writing to the release and
the written consent is signed and dated by the debtor subsequent to
the repossession and states the entity or entities to whom the
contents of the inventory may be disclosed.
(4) To the debtor.
SEC. 7. Section 7507.12 of the Business and Professions Code is
amended to read:
7507.12. With regard to collateral subject to registration under
the Vehicle Code, a repossession is complete when the repossessor
gains entry to the collateral or when the collateral becomes
connected to a tow truck or the repossessor's tow vehicle, as those
terms are defined in Section 615 of the Vehicle Code , or when
the repossessor moves, pushes, or gains control of the collateral
. No person other than the legal owner may direct a repossessor
to release a vehicle without legal authority to do so.
SEC. 8. Section 14602.8 of the Vehicle Code is amended to read:
14602.8. (a) (1) If a peace officer determines that a person has
been convicted of a violation of Section 23140, 23152, or 23153, that
the violation occurred within the preceding 10 years, and that one
or more of the following circumstances applies to that person, the
officer may immediately cause the removal and seizure of the vehicle
that the person was driving, under either of the following
circumstances:
(A) The person was driving a vehicle when the person had 0.10
percent or more, by weight, of alcohol in his or her blood.
(B) The person driving the vehicle refused to submit to or
complete a chemical test requested by the peace officer.
(2) A vehicle impounded pursuant to paragraph (1) shall be
impounded for the following period of time:
(A) Five days, if the person has been convicted once of violating
Section 23140, 23152, or 23153, and the violation occurred within the
preceding 10 years.
(B) Fifteen days, if the person has been convicted two or more
times of violating Section 23140, 23152, or 23153, or any combination
thereof, and the violations occurred within the preceding 10 years.
(3) Within two working days after impoundment, the impounding
agency shall send a notice by certified mail, return receipt
requested, to the legal owner of the vehicle, at the address obtained
from the department, informing the owner that the vehicle has been
impounded. Failure to notify the legal owner within two working days
shall prohibit the impounding agency from charging for more than five
days' impoundment when the legal owner redeems the impounded
vehicle. The impounding agency shall maintain a published telephone
number that provides information 24 hours a day regarding the
impoundment of vehicles and the rights of a registered owner to
request a hearing. The law enforcement agency shall be open to issue
a release to the registered owner or legal owner, or the agent of
either, whenever the agency is open to serve the public for regular,
nonemergency business.
(b) The registered and legal owner of a vehicle that is removed
and seized under subdivision (a) or his or her agent shall be
provided the opportunity for a storage hearing to determine the
validity of, or consider any mitigating circumstances attendant to,
the storage, in accordance with Section 22852.
(c) Any period during which a vehicle is subjected to storage
under this section shall be included as part of the period of
impoundment ordered by the court under Section 23594.
(d) (1) The impounding agency shall release the vehicle to the
registered owner or his or her agent prior to the end of the
impoundment period under any of the following circumstances:
(A) When the vehicle is a stolen vehicle.
(B) When the vehicle is subject to bailment and is driven by an
unlicensed employee of a business establishment, including a parking
service or repair garage.
(C) When the driver of the vehicle is not the sole registered
owner of the vehicle and the vehicle is being released to another
registered owner of the vehicle who agrees not to allow the driver to
use the vehicle until after the end of the impoundment period.
(2) A vehicle shall not be released pursuant to this subdivision
without presentation of the registered owner's or agent's currently
valid driver's license to operate the vehicle and proof of current
vehicle registration, or upon order of a court.
(e) The registered owner or his or her agent is responsible for
all towing and storage charges related to the impoundment, and any
administrative charges authorized under Section 22850.5.
(f) A vehicle removed and seized under subdivision (a) shall be
released to the legal owner of the vehicle or the legal owner's agent
prior to the end of the impoundment period if all of the following
conditions are met:
(1) The legal owner is a motor vehicle dealer, bank, credit union,
acceptance corporation, or other licensed financial institution
legally operating in this state, or is another person who is not the
registered owner and holds a security interest in the vehicle.
(2) (A) The legal owner or the legal owner's agent pays all towing
and storage fees related to the seizure of the vehicle. A lien sale
processing fee shall not be charged to the legal owner who redeems
the vehicle prior to the 10th day of impoundment. The impounding
authority or any person having possession of the vehicle shall not
collect from the legal owner of the type specified in paragraph (1),
or the legal owner's agent any administrative charges imposed
pursuant to Section 22850.5 unless the legal owner voluntarily
requested a poststorage hearing.
(B) A person operating or in charge of a storage facility where
vehicles are stored pursuant to this section shall accept a valid
bank credit card or cash for payment of towing, storage, and related
fees by a legal or registered 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.
(C) A person operating or in charge of a storage facility
described in subparagraph (B) who violates subparagraph (B) shall be
civilly liable to the owner of the vehicle or to the person who
tendered the fees for four times the amount of the towing, storage,
and other related fees, but not to exceed five hundred dollars
($500).
(D) A person operating or in charge of a storage facility
described in subparagraph (B) shall have sufficient funds on the
premises of the primary storage facility during normal business hours
to accommodate, and make change in, a reasonable monetary
transaction.
(E) 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 making
agreements with towing companies on rates.
(3) (A) The legal owner or the legal owner's agent presents to the
law enforcement agency or impounding agency, or any person acting on
behalf of those agencies, a copy of the assignment, as defined in
subdivision (b) of Section 7500.1 of the Business and Professions
Code; a release from the one responsible governmental agency, only if
required by the agency; a government-issued photographic
identification card; and any one of the following as determined by
the legal owner or the legal owner's agent: a certificate of
repossession for the vehicle, a security agreement for the vehicle,
or title, whether paper or electronic, showing proof of legal
ownership for the vehicle. The law enforcement agency, impounding
agency, or any other governmental agency, or any person acting on
behalf of those agencies, shall not require the presentation of any
other documents.
(B) The legal owner or the legal owner's agent presents to the
person in possession of the vehicle, or any person acting on behalf
of the person in possession, a copy of the assignment, as defined in
subdivision (b) of Section 7500.1 of the Business and Professions
Code; a release from the one responsible governmental agency, only if
required by the agency; a government-issued photographic
identification card; and any one of the following as determined by
the legal owner or the legal owner's agent: a certificate of
repossession for the vehicle, a security agreement for the vehicle,
or title, whether paper or electronic, showing proof of legal
ownership for the vehicle. The person in possession of the vehicle,
or any person acting on behalf of the person in possession, shall not
require the presentation of any other documents.
(C) All presented documents may be originals, photocopies, or
facsimile copies, or may be transmitted electronically. The law
enforcement agency, impounding agency, or any person acting on behalf
of them, shall not require a document to be notarized. The law
enforcement agency, impounding agency, or any person in possession of
the vehicle, or anyone acting on behalf of those agencies may
require the agent of the legal owner to produce a photocopy or
facsimile copy of its repossession agency license or registration
issued pursuant to Chapter 11 (commencing with Section 7500) of
Division 3 of the Business and Professions Code, or to demonstrate,
to the satisfaction of the law enforcement agency, impounding agency,
any other governmental agency, or any person in possession of the
vehicle, or anyone acting on behalf of them, that the agent is exempt
from licensure pursuant to Section 7500.2 or 7500.3 of the Business
and Professions Code.
(D) Administrative costs authorized under subdivision (a) of
Section 22850.5 shall not be charged to the legal owner of the type
specified in paragraph (1), who redeems the vehicle unless the legal
owner voluntarily requests a poststorage hearing. A city, county,
city and county, or state agency shall not require a legal owner or a
legal owner's agent to request a poststorage hearing as a
requirement for release of the vehicle to the legal owner or the
legal owner's agent. The law enforcement agency, impounding agency,
or any governmental agency, or any person acting on behalf of those
agencies, shall not require any documents other than those specified
in this paragraph. The law enforcement agency, impounding
agency, other governmental agency,
or any person acting on behalf of those agencies, shall not require
any documents to be notarized. The legal owner or the legal owner's
agent shall be given a copy of any documents he or she is required to
sign, except for a vehicle evidentiary hold logbook. The law
enforcement agency, impounding agency, or any person acting on behalf
of those agencies, or any person in possession of the vehicle, may
photocopy and retain the copies of any documents presented by the
legal owner or legal owner's agent.
(4) A failure by a storage facility to comply with any applicable
conditions set forth in this subdivision shall not affect the right
of the legal owner or the legal owner's agent to retrieve the
vehicle, provided all conditions required of the legal owner or legal
owner's agent under this subdivision are satisfied.
(g) (1) A legal owner or the legal owner's agent who obtains
release of the vehicle pursuant to subdivision (f) may not release
the vehicle to the registered owner of the vehicle or the person who
was listed as the registered owner when the vehicle was impounded or
any agents of the registered owner, unless the registered owner is a
rental car agency, until after the termination of the impoundment
period.
(2) The legal owner or the legal owner's agent shall not
relinquish the vehicle to the registered owner or the person who was
listed as the registered owner when the vehicle was impounded until
the registered owner or that owner's agent presents his or her valid
driver's license or valid temporary driver's license to the legal
owner or the legal owner's agent. The legal owner or the legal owner'
s agent or the person in possession of the vehicle shall make every
reasonable effort to ensure that the license presented is valid and
possession of the vehicle will not be given to the driver who was
involved in the original impoundment proceeding until the expiration
of the impoundment period.
(3) Prior to relinquishing the vehicle, the legal owner may
require the registered owner to pay all towing and storage charges
related to the impoundment and any administrative charges authorized
under Section 22850.5 that were incurred by the legal owner in
connection with obtaining custody of the vehicle.
(4) Any legal owner who knowingly releases or causes the release
of a vehicle to a registered owner or the person in possession of the
vehicle at the time of the impoundment or any agent of the
registered owner in violation of this subdivision shall be guilty of
a misdemeanor subject to a fine in the amount of two thousand dollars
($2,000) in addition to any other penalties established by law.
(5) The legal owner, registered owner, or person in possession of
the vehicle shall not change or attempt to change the name of the
legal owner or the registered owner on the records of the department
until the vehicle is released from the impoundment.
(h) (1) A vehicle removed and seized under subdivision (a) shall
be released to a rental car agency prior to the end of the
impoundment period if the agency is either the legal owner or
registered owner of the vehicle and the agency pays all towing and
storage fees related to the seizure of the vehicle.
(2) The owner of a rental vehicle that was seized under this
section may continue to rent the vehicle upon recovery of the
vehicle. However, the rental car agency shall not rent another
vehicle to the driver of the vehicle that was seized until the
impoundment period has expired.
(3) The rental car agency may require the person to whom the
vehicle was rented to pay all towing and storage charges related to
the impoundment and any administrative charges authorized under
Section 22850.5 that were incurred by the rental car agency in
connection with obtaining custody of the vehicle.
(4) Any legal owner who knowingly releases or causes the release
of a vehicle to a registered owner or the person in possession of the
vehicle at the time of the impoundment or any agent of the
registered owner in violation of this subdivision shall be guilty of
a misdemeanor and subject to a fine in the amount of two thousand
dollars ($2,000) in addition to any other penalties established by
law.
(5) The legal owner, registered owner, or person in possession of
the vehicle shall not change or attempt to change the name of the
legal owner or the registered owner on the records of the department
until the vehicle is released from the impoundment.
(i) Notwithstanding any other provision of this section, the
registered owner, and not the legal owner, shall remain responsible
for any towing and storage charges related to the impoundment, any
administrative charges authorized under Section 22850.5, and any
parking fines, penalties, and administrative fees incurred by the
registered owner.
(j) The law enforcement agency and the impounding agency,
including any storage facility acting on behalf of the law
enforcement agency or impounding agency, shall comply with this
section and shall not be liable to the registered owner for the
improper release of the vehicle to the legal owner or the legal owner'
s agent provided the release complies with the provisions of this
section. The legal owner shall indemnify and hold harmless a storage
facility from any claims arising out of the release of the vehicle to
the legal owner or the legal owner's agent and from any damage to
the vehicle after its release, including the reasonable costs
associated with defending any such claims. A law enforcement agency
shall not refuse to issue a release to a legal owner or the agent of
a legal owner on the grounds that it previously issued a release.
SEC. 9. Section 22651 of the Vehicle Code is amended to read:
22651. A peace officer, as defined in Chapter 4.5 (commencing
with Section 830) of Title 3 of Part 2 of the Penal Code, or a
regularly employed and salaried employee, who is engaged in directing
traffic or enforcing parking laws and regulations, of a city,
county, or jurisdiction of a state agency in which a vehicle is
located, may remove a vehicle located within the territorial limits
in which the officer or employee may act, under the following
circumstances:
(a) When a vehicle is left unattended upon a bridge, viaduct, or
causeway or in a tube or tunnel where the vehicle constitutes an
obstruction to traffic.
(b) When a vehicle is parked or left standing upon a highway in a
position so as to obstruct the normal movement of traffic or in a
condition so as to create a hazard to other traffic upon the highway.
(c) When a vehicle is found upon a highway or public land and a
report has previously been made that the vehicle is stolen or a
complaint has been filed and a warrant thereon is issued charging
that the vehicle was embezzled.
(d) When a vehicle is illegally parked so as to block the entrance
to a private driveway and it is impractical to move the vehicle from
in front of the driveway to another point on the highway.
(e) When a vehicle is illegally parked so as to prevent access by
firefighting equipment to a fire hydrant and it is impracticable to
move the vehicle from in front of the fire hydrant to another point
on the highway.
(f) When a vehicle, except highway maintenance or construction
equipment, is stopped, parked, or left standing for more than four
hours upon the right-of-way of a freeway that has full control of
access and no crossings at grade and the driver, if present, cannot
move the vehicle under its own power.
(g) When the person in charge of a vehicle upon a highway or
public land is, by reason of physical injuries or illness,
incapacitated to an extent so as to be unable to provide for its
custody or removal.
(h) (1) When an officer arrests a person driving or in control of
a vehicle for an alleged offense and the officer is, by this code or
other law, required or permitted to take, and does take, the person
into custody.
(2) When an officer serves a notice of an order of suspension or
revocation pursuant to Section 13388 or 13389.
(i) (1) When a vehicle, other than a rented vehicle, is found upon
a highway or public land, or is removed pursuant to this code, and
it is known that the vehicle has been issued five or more notices of
parking violations to which the owner or person in control of the
vehicle has not responded within 21 calendar days of notice of
citation issuance or citation issuance or 14 calendar days of the
mailing of a notice of delinquent parking violation to the agency
responsible for processing notices of parking violations, or the
registered owner of the vehicle is known to have been issued five or
more notices for failure to pay or failure to appear in court for
traffic violations for which a certificate has not been issued by the
magistrate or clerk of the court hearing the case showing that the
case has been adjudicated or concerning which the registered owner's
record has not been cleared pursuant to Chapter 6 (commencing with
Section 41500) of Division 17, the vehicle may be impounded until
that person furnishes to the impounding law enforcement agency all of
the following:
(A) Evidence of his or her identity.
(B) An address within this state at which he or she can be
located.
(C) Satisfactory evidence that all parking penalties due for the
vehicle and all other vehicles registered to the registered owner of
the impounded vehicle, and all traffic violations of the registered
owner, have been cleared.
(2) The requirements in subparagraph (C) of paragraph (1) shall be
fully enforced by the impounding law enforcement agency on and after
the time that the Department of Motor Vehicles is able to provide
access to the necessary records.
(3) A notice of parking violation issued for an unlawfully parked
vehicle shall be accompanied by a warning that repeated violations
may result in the impounding of the vehicle. In lieu of furnishing
satisfactory evidence that the full amount of parking penalties or
bail has been deposited, that person may demand to be taken without
unnecessary delay before a magistrate, for traffic offenses, or a
hearing examiner, for parking offenses, within the county in which
the offenses charged are alleged to have been committed and who has
jurisdiction of the offenses and is nearest or most accessible with
reference to the place where the vehicle is impounded. Evidence of
current registration shall be produced after a vehicle has been
impounded, or, at the discretion of the impounding law enforcement
agency, a notice to appear for violation of subdivision (a) of
Section 4000 shall be issued to that person.
(4) A vehicle shall be released to the legal owner, as defined in
Section 370, if the legal owner does all of the following:
(A) Pays the cost of towing and storing the vehicle.
(B) Submits evidence of payment of fees as provided in Section
9561.
(C) Completes an affidavit in a form acceptable to the impounding
law enforcement agency stating that the vehicle was not in possession
of the legal owner at the time of occurrence of the offenses
relating to standing or parking. A
(5) A vehicle released to a legal
owner under this subdivision is a repossessed vehicle for purposes
of disposition or sale. The impounding agency shall have a lien on
any surplus that remains upon sale of the vehicle to which the
registered owner is or may be entitled, as security for the full
amount of the parking penalties for all notices of parking violations
issued for the vehicle and for all local administrative charges
imposed pursuant to Section 22850.5. The legal owner shall promptly
remit to, and deposit with, the agency responsible for processing
notices of parking violations from that surplus, on receipt of that
surplus, the full amount of the parking penalties for all notices of
parking violations issued for the vehicle and for all local
administrative charges imposed pursuant to Section 22850.5.
(5)
(6) The impounding agency that has a lien on the
surplus that remains upon the sale of a vehicle to which a registered
owner is entitled pursuant to paragraph (4)
(5) has a deficiency claim against the registered owner for the
full amount of the parking penalties for all notices of parking
violations issued for the vehicle and for all local administrative
charges imposed pursuant to Section 22850.5, less the amount received
from the sale of the vehicle.
(j) When a vehicle is found illegally parked and there are no
license plates or other evidence of registration displayed, the
vehicle may be impounded until the owner or person in control of the
vehicle furnishes the impounding law enforcement agency evidence of
his or her identity and an address within this state at which he or
she can be located.
(k) When a vehicle is parked or left standing upon a highway for
72 or more consecutive hours in violation of a local ordinance
authorizing removal.
(l) When a vehicle is illegally parked on a highway in violation
of a local ordinance forbidding standing or parking and the use of a
highway, or a portion thereof, is necessary for the cleaning, repair,
or construction of the highway, or for the installation of
underground utilities, and signs giving notice that the vehicle may
be removed are erected or placed at least 24 hours prior to the
removal by a local authority pursuant to the ordinance.
(m) Wherever the use of the highway, or a portion of the highway,
is authorized by a local authority for a purpose other than the
normal flow of traffic or for the movement of equipment, articles, or
structures of unusual size, and the parking of a vehicle would
prohibit or interfere with that use or movement, and signs giving
notice that the vehicle may be removed are erected or placed at least
24 hours prior to the removal by a local authority pursuant to the
ordinance.
(n) Whenever a vehicle is parked or left standing where local
authorities, by resolution or ordinance, have prohibited parking and
have authorized the removal of vehicles. A vehicle shall not be
removed unless signs are posted giving notice of the removal.
(o) (1) When a vehicle is found or operated upon a highway, public
land, or an offstreet parking facility under the following
circumstances:
(A) With a registration expiration date in excess of six months
before the date it is found or operated on the highway, public lands,
or the offstreet parking facility.
(B) Displaying in, or upon, the vehicle, a registration card,
identification card, temporary receipt, license plate, special plate,
registration sticker, device issued pursuant to Section 4853, or
permit that was not issued for that vehicle, or is not otherwise
lawfully used on that vehicle under this code.
(C) Displaying in, or upon, the vehicle, an altered, forged,
counterfeit, or falsified registration card, identification card,
temporary receipt, license plate, special plate, registration
sticker, device issued pursuant to Section 4853, or permit.
(2) When a vehicle described in paragraph (1) is occupied, only a
peace officer, as defined in Chapter 4.5 (commencing with Section
830) of Title 3 of Part 2 of the Penal Code, may remove the vehicle.
(3) For the purposes of this subdivision, the vehicle shall be
released to the registered owner or person in control of
the vehicle only after the owner or person furnishes the storing law
enforcement agency with proof of current registration and a currently
valid driver's license to operate the vehicle. The vehicle
shall be released to the legal owner or the legal owner's agent
without proof of current registration, provided that the vehicle will
only be transported pursuant to the exemption contained in Section
4022.
(4) As used in this subdivision, "offstreet parking facility"
means an offstreet facility held open for use by the public for
parking vehicles and includes a publicly owned facility for offstreet
parking, and a privately owned facility for offstreet parking if a
fee is not charged for the privilege to park and it is held open for
the common public use of retail customers.
(p) When the peace officer issues the driver of a vehicle a notice
to appear for a violation of Section 12500, 14601, 14601.1, 14601.2,
14601.3, 14601.4, 14601.5, or 14604 and the vehicle is not impounded
pursuant to Section 22655.5. A vehicle so removed from the highway
or public land, or from private property after having been on a
highway or public land, shall not be released to the registered owner
or his or her agent, except upon presentation of the registered
owner's or his or her agent's currently valid driver's license to
operate the vehicle and proof of current vehicle registration, or
upon order of a court.
(q) Whenever a vehicle is parked for more than 24 hours on a
portion of highway that is located within the boundaries of a common
interest development, as defined in subdivision (c) of Section 1351
of the Civil Code, and signs, as required by paragraph (1) of
subdivision (a) of Section 22658 of this code, have been posted on
that portion of highway providing notice to drivers that vehicles
parked thereon for more than 24 hours will be removed at the owner's
expense, pursuant to a resolution or ordinance adopted by the local
authority.
(r) When a vehicle is illegally parked and blocks the movement of
a legally parked vehicle.
(s) (1) When a vehicle, except highway maintenance or construction
equipment, an authorized emergency vehicle, or a vehicle that is
properly permitted or otherwise authorized by the Department of
Transportation, is stopped, parked, or left standing for more than
eight hours within a roadside rest area or viewpoint.
(2) Notwithstanding paragraph (1), when a commercial motor
vehicle, as defined in paragraph (1) of subdivision (b) of Section
15210, is stopped, parked, or left standing for more than 10 hours
within a roadside rest area or viewpoint.
(3) For purposes of this subdivision, a roadside rest area or
viewpoint is a publicly maintained vehicle parking area, adjacent to
a highway, utilized for the convenient, safe stopping of a vehicle to
enable motorists to rest or to view the scenery. If two or more
roadside rest areas are located on opposite sides of the highway, or
upon the center divider, within seven miles of each other, then that
combination of rest areas is considered to be the same rest area.
(t) When a peace officer issues a notice to appear for a violation
of Section 25279.
(u) When a peace officer issues a citation for a violation of
Section 11700 and the vehicle is being offered for sale.
SEC. 10. 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.
