California 2009-2010 Regular Session Status: Enacted

AB 519 — Vehicles: Towing Fees and Access Notice.

Last action — Chaptered by Secretary of State - Chapter 566, Statutes of 2010.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 24, 2009. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 7 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

(1) Existing law provides that every person has a possessory lien for the compensation to which he or she is legally entitled for the towing, storage, or labor associated with recovery or load salvage of any vehicle that has been authorized to be removed by a public agency, a private property owner, or a lessee, operator, or registered owner of the vehicle. Existing law requires that a person requesting release of the vehicle present documentation establishing that he or she is entitled to possession of the vehicle and authorizes an inspection of the vehicle by the legal owner or lessor, or his or her agent, within a specified time period after receiving a written demand for the inspection. This bill would define "documentation" and "agent" for these purposes and would also provide that a lienholder is not liable for any claim or dispute arising out of the reliance on the documentation for purposes of releasing a vehicle. (2) Existing law authorizes a peace officer, or a regularly employed and salaried public employee, who is engaged in directing traffic or enforcing parking laws and regulations, to remove a vehicle located within the territorial limits in which the officer or employee is allowed to act under specified circumstances, including, among other things, when a vehicle is illegally parked and blocks the movement of a legally parked vehicle. A violation of this provision is an infraction. This bill would establish, and require a person that charges for towing or storage, or both, to post a specified copy of "Towing Fees and Access Notice" that contains specific information regarding a vehicle owner's rights and responsibilities if his or her vehicle is towed, and would require, among other things, that it be posted in the office area of the storage facility in plain view of the public, with exceptions, and would also require that copies be made readily available to the public. The bill would require a person that charges for towing or storage, or both, to provide, upon request, a copy of the Towing Fees and Access Notice to any owner or operator of a towed or stored vehicle and would require the person to provide an itemized invoice for any towing and storage charges. The bill would also provide that a registered automotive repair dealer, that did not provide the tow, and that passes along, from the tower to the consumer, any of the information required on the itemized invoice, is not responsible for the accuracy of those items of information that remain unaltered. By creating a new crime, the bill would impose a state-mandated local program. The bill would also provide that a person who violates these provisions is civilly liable to a registered or legal owner of the vehicle, or a registered owner's insurer, for up to 2 times the amount charged, not to exceed $500 per vehicle. (3) 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.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 566, Statutes of 2010.

  2. Approved by the Governor.

  3. Enrolled and to the Governor at 3 p.m.

  4. Senate amendments concurred in. To enrollment. (Ayes 58. Noes 16. Page 6648.)

  5. Assembly Rule 77 suspended. (Ayes 49. Noes 27. Page 6645.)

  6. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 26 pursuant to Assembly Rule 77.

  7. Read third time, passed, and to Assembly. (Ayes 23. Noes 10. Page 4841.)

  8. Read second time. To third reading.

  9. (Corrected August 27.)

  10. Read third time, amended. To second reading.

  11. Read second time. To third reading.

  12. Read second time and amended. Ordered returned to second reading.

  13. To second reading.

  14. From inactive file.

  15. To inactive file on motion of Senator Correa.

  16. Read second time. To third reading.

  17. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  18. Read second time, amended, and re-referred to Com. on APPR.

  19. From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (July 14).

  20. In committee: Hearing postponed by committee.

  21. Read second time, amended, and re-referred to Com. on JUD.

  22. From committee: Amend, do pass as amended, and re-refer to Com. on JUD. (Ayes 11. Noes 0.) (June 23).

  23. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on T. & H.

  24. Referred to Coms. on T. & H. and JUD.

  25. In Senate. Read first time. To Com. on RLS. for assignment.

  26. Read third time, passed, and to Senate. (Ayes 77. Noes 0. Page 1628.)

  27. Read second time. To Consent Calendar.

  28. From committee: Do pass. To Consent Calendar. (May 13).

  29. Re-referred to Com. on APPR.

  30. Read second time and amended.

  31. From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 14. Noes 0.) (April 27).

  32. Re-referred to Com. on TRANS.

  33. From committee chair, with author's amendments: Amend, and re-refer to Com. on TRANS. Read second time and amended.

  34. Referred to Com. on TRANS.

  35. From printer. May be heard in committee March 27.

  36. Read first time. To print.

Sponsors

  • Solorio · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 4 voted No

Sponsors (1)

  • Solorio

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 519 SOLORIO Concurrence in Senate Amendments

Passed 67 Yea · 18 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 631605
Democratic 3000
Republican 1200
Total 671805
% of votes cast 74%20%0%6%
How each member voted (90)
Member Party Vote
Hagman — Nay
Fuentes — Yea
Carter — Yea
Chesbro — Yea
Cook — Yea
Coto — Yea
Fuller — Yea
Galgiani — Yea
Gatto — Yea
Hall — Yea
Charles — Yea
Hernandez — Yea
Hill — Yea
Huber — Yea
Lieu — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Anderson — Yea
Bass — Yea
Block — Yea
Davis — Yea
Mendoza — Yea
Monning — Yea
Nava — Yea
Ruskin — Yea
Silva — Yea
Smyth — Yea
Solorio — Yea
Swanson — Yea
Torres — Yea
John — Yea
A. — Yea
Perez — Yea
Tom — Nay
Audra — Nay
Bill — Not Voting
Conway — Nay
Garrick — Nay
Harkey — Nay
Jeffries — Nay
Logue — Nay
Miller — Nay
Norby — Not Voting
Torrico — Yea
Tran — Nay
Villines — Yea
Adams — Nay
Ammiano — Yea
Beall — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Not Voting
Buchanan — Yea
Hayashi — Yea
Huffman — Yea
Knight — Nay
Ma — Yea
Nestande — Yea
Nielsen — Nay
Skinner — Yea
Torlakson — Yea
Eng — Not Voting
Evans — Yea
Feuer — Yea
Yamada — Yea
DeVore — Nay
Furutani — Yea
Gilmore — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Not Voting
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Nay

Official roll call →

Assembly 3rd Reading AB519 Solorio By Lowenthal

Passed 23 Yea · 10 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 21907
Democratic 2000
Republican 0100
Total 231007
% of votes cast 58%25%0%18%
How each member voted (40)
Member Party Vote
Yee — Yea
Wyland — Nay
Cedillo — Yea
Lowenthal — Yea
Florez — Yea
Hancock — Yea
Hollingsworth — Nay
Huff — Nay
Negrete — Not Voting
Runner — Not Voting
Cogdill — Nay
Corbett — Yea
Kehoe — Yea
Leno — Yea
Liu — Yea
Oropeza — Not Voting
Pavley — Not Voting
Price — Yea
Romero — Yea
Steinberg — Yea
Wiggins — Not Voting
Wolk — Yea
Alquist — Yea
Ashburn — Nay
Correa — Nay
Ducheny — Yea
Dutton — Nay
Aanestad — Yea
Blakeslee — Yea
Harman — Not Voting
McLeod — Not Voting
Simitian — Yea
Walters — Nay
Wright — Yea
Emmerson — Yea
DeSaulnier — Yea
Denham — Nay
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Do pass as amended, and re-refer to the Committee on Judiciary.

Passed 11 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 11000
Total 11000
% of votes cast 100%0%0%0%
How each member voted (11)
Member Party Vote
Lowenthal — Yea
Hollingsworth — Yea
Huff — Yea
Simitian — Yea
Wolk — Yea
Ashburn — Yea
Harman — Yea
Kehoe — Yea
Oropeza — Yea
Pavley — Yea
DeSaulnier — Yea

Official roll call →

AB 519 DUVALL Consent Calendar Second Day Regular Session

Passed 89 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 81003
Democratic 5000
Republican 3000
Total 89003
% of votes cast 97%0%0%3%
How each member voted (92)
Member Party Vote
Carter — Yea
Eng — Yea
Evans — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Coto — Yea
Bill — Yea
Berryhill — Yea
Tom — Yea
Berryhill — Yea
Charles — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Ammiano — Yea
Anderson — Yea
Blakeslee — Yea
Block — Yea
Duvall — Yea
Fletcher — Yea
Gaines — Yea
Bonnie — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Audra — Yea
Saldana — Not Voting
Feuer — Yea
Fuentes — Not Voting
Fuller — Yea
Galgiani — Yea
Bass — Yea
Garrick — Yea
Hagman — Yea
Hall — Yea
Hayashi — Yea
Hernandez — Yea
Huber — Yea
Huffman — Yea
Knight — Yea
Lieu — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Nestande — Yea
Ruskin — Yea
Silva — Yea
Skinner — Yea
Solorio — Yea
Swanson — Yea
Torres — Yea
Torrico — Yea
Villines — Yea
Adams — Yea
Beall — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Hill — Yea
Jeffries — Yea
Krekorian — Yea
Logue — Yea
Ma — Yea
Nava — Not Voting
Nielsen — Yea
Price — Yea
Smyth — Yea
Torlakson — Yea
Tran — Yea
Emmerson — Yea
Davis — Yea
DeVore — Yea
Yamada — Yea
Furutani — Yea
Gilmore — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Lowenthal, Josh Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass, to Consent Calendar.

Passed 21 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 19000
Democratic 1000
Republican 1000
Total 21000
% of votes cast 100%0%0%0%
How each member voted (21)
Member Party Vote
Hall — Yea
Duvall — Yea
Harkey — Yea
Charles — Yea
De — Yea
Leon — Yea
John — Yea
A. — Yea
Perez — Yea
Audra — Yea
Krekorian — Yea
Miller — Yea
Nielsen — Yea
Skinner — Yea
Solorio — Yea
Torlakson — Yea
Ammiano — Yea
Price — Yea
Davis — Yea
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass as amended and be re-referred to the Committee on Appropriations.

Passed 17 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 15000
Democratic 1000
Republican 1000
Total 17000
% of votes cast 100%0%0%0%
How each member voted (17)
Member Party Vote
Bonnie — Yea
John — Yea
A. — Yea
Perez — Yea
Galgiani — Yea
Garrick — Yea
Conway — Yea
Miller — Yea
Solorio — Yea
Blumenfield — Yea
Buchanan — Yea
Jeffries — Yea
Torlakson — Yea
Eng — Yea
Furutani — Yea
Lowenthal, Josh Democratic Yea
Niello, Roger W. Republican Yea

Official roll call →

Subjects

public-safety transportation
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Frequently asked questions

What does AB 519 do?
(1) Existing law provides that every person has a possessory lien for the compensation to which he or she is legally entitled for the towing, storage, or labor associated with recovery or load salvage of any vehicle that has been authorized to be removed by a public agency, a private property owner, or a lessee, operator, or registered owner of the vehicle. Existing law requires that a person requesting release of the vehicle present documentation establishing that he or she is entitled to possession of the vehicle and authorizes an inspection of the vehicle by the legal owner or lessor, or his or her agent, within a specified time period after receiving a written demand for the inspection. This bill would define "documentation" and "agent" for these purposes and would also provide that a lienholder is not liable for any claim or dispute arising out of the reliance on the documentation for purposes of releasing a vehicle. (2) Existing law authorizes a peace officer, or a regularly employed and salaried public employee, who is engaged in directing traffic or enforcing parking laws and regulations, to remove a vehicle located within the territorial limits in which the officer or employee is allowed to act under specified circumstances, including, among other things, when a vehicle is illegally parked and blocks the movement of a legally parked vehicle. A violation of this provision is an infraction. This bill would establish, and require a person that charges for towing or storage, or both, to post a specified copy of "Towing Fees and Access Notice" that contains specific information regarding a vehicle owner's rights and responsibilities if his or her vehicle is towed, and would require, among other things, that it be posted in the office area of the storage facility in plain view of the public, with exceptions, and would also require that copies be made readily available to the public. The bill would require a person that charges for towing or storage, or both, to provide, upon request, a copy of the Towing Fees and Access Notice to any owner or operator of a towed or stored vehicle and would require the person to provide an itemized invoice for any towing and storage charges. The bill would also provide that a registered automotive repair dealer, that did not provide the tow, and that passes along, from the tower to the consumer, any of the information required on the itemized invoice, is not responsible for the accuracy of those items of information that remain unaltered. By creating a new crime, the bill would impose a state-mandated local program. The bill would also provide that a person who violates these provisions is civilly liable to a registered or legal owner of the vehicle, or a registered owner's insurer, for up to 2 times the amount charged, not to exceed $500 per vehicle. (3) 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.
Who sponsors AB 519?
AB 519 is sponsored by Solorio.
What is the current status of AB 519?
This bill has been enacted into law. Introduced February 24, 2009. Enacted.
Where can I track AB 519?
Track AB 519 free on One Click Politics — get push/email alerts when it moves.

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