California 2009-2010 Regular Session Status: Enacted

AB 515 — Collateral recovery: tow vehicles.

Last action — Chaptered by Secretary of State - Chapter 322, Statutes of 2009.

Track this bill free

No card. One bill, free forever — alerts when it moves.

  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 8 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, 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. The act requires an applicant for a qualification certificate to satisfy specified requirements, including possessing 2 years lawful experience that may include experience recovering collateral as a salaried employee of a financial institution or vehicle dealer and that is to consist of a minimum of 4,000 hours of compensated work. The act requires every repossession agency office to be under the active charge of a qualified certificate holder. The act requires licensees to serve a debtor with a specified notice of seizure after the recovery of collateral by the licensee. This bill would make a tow vehicle that is used to violate the act subject to removal and impoundment. The bill would provide that lawful experience for a qualification certificate does not include any employment performing work other than skip tracing, debt collection, or actual collateral recovery. The bill would specify that a licensee may have more than one qualified certificate holder in an office. The bill would require a licensee's notice provided to a debtor after recovery of collateral to include a disclosure that electrical or tire failure or any damage to, as a result of, or caused by, certain aftermarket parts and accessories on a vehicle shall not be the responsibility of the licensee, except as specified. Because a violation of these provisions by a licensee would be a crime, the bill would impose a state-mandated local program. (2) Existing law provides that a peace officer or, in certain other cases, a magistrate, may cause the removal and seizure of a vehicle, as specified. Existing law provides that a vehicle so seized may be impounded for 30 days. Under existing law, a vehicle removed and seized may be released to the legal owner or the legal owner's agent prior to the end of 30 days' impoundment if certain conditions are met, including, but not limited to, the requirement that the legal owner or the legal owner's agent pay all towing and storage fees related to the seizure of the vehicle. This bill would require a law enforcement agency that has impounded a vehicle to remain open to issue a release to the registered owner or legal owner of a vehicle whenever the agency is open to serve the public for regular, nonemergency business. The bill would require specified facilities where impounded vehicles are stored to accept valid bank credit cards, as defined, or cash as payment for towing, storage, and related fees and would make the facility civilly liable, as specified, for a failure to do so. The bill would make it a misdemeanor for a legal owner of an impounded vehicle to knowingly release the vehicle to the registered owner of the vehicle in certain circumstances. The bill would impose additional requirements with respect to the release of an impounded vehicle. By establishing new crimes and imposing new duties on law enforcement agencies, the bill would impose a state-mandated local program. (3) Existing law imposes various taillamp, stoplamp, turn signal requirements, and multisafety chain requirements applicable to towing vehicles. This bill would delete specified provisions requiring a tow vehicle to use an extension cord to display rear stoplamps and turn signals. The bill would exempt a repossessor's towing vehicle from the multisafety chain requirements applicable to towing vehicles if the repossessor is towing a vehicle no more than one mile on a public highway and the vehicle is secured by one safety chain. (4) This bill would also incorporate additional changes in Section 21100.4 of the Vehicle Code proposed by SB 201, to be operative only if SB 201, and this bill are enacted and become effective on or before January 1, 2010, and this bill is enacted last. (5) 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 322, Statutes of 2009.

  2. Approved by the Governor.

  3. Enrolled and to the Governor at 11:30 a.m.

  4. Senate amendments concurred in. To enrollment. (Ayes 79. Noes 0. Page 3086.)

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 5 pursuant to Assembly Rule 77.

  6. Read third time, passed, and to Assembly. (Ayes 39. Noes 0. Page 2132.)

  7. Ordered to Special Consent Calendar.

  8. Read second time. To third reading.

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

  10. Read second time. To third reading.

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

  12. Ordered to third reading.

  13. Ordered to Special Consent Calendar.

  14. Read second time and amended. Ordered to third reading.

  15. From committee: Amend, and do pass as amended. (Ayes 11. Noes 0.) (July 13).

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

  17. In committee: Set, second hearing. Hearing canceled at the request of author.

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

  19. In committee: Set, first hearing. Hearing canceled at the request of author.

  20. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 5. Noes 0.) (June 9).

  21. Re-referred to Com. on JUD.

  22. Withdrawn from committee.

  23. In committee: Hearing postponed by committee.

  24. Referred to Coms. on PUB. S. and JUD.

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

  26. Read third time, passed, and to Senate. (Ayes 73. Noes 0. Page 1468.)

  27. Read second time. To Consent Calendar.

  28. From committee: Do pass. To Consent Calendar. (May 6).

  29. From committee: Do pass, and re-refer to Com. on APPR. with recommendation: To Consent Calendar. Re-referred. (Ayes 10. Noes 0.) (April 21).

  30. From committee: Do pass, and re-refer to Com. on JUD. Re-referred. (Ayes 10. Noes 0.) (April 14).

  31. Referred to Coms. on B. & P. and JUD.

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

  33. Read first time. To print.

Sponsors

  • Hagman · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Hagman

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 515 HAGMAN Concurrence in Senate Amendments

Passed 91 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 85000
Democratic 3000
Republican 3000
Total 91000
% of votes cast 100%0%0%0%
How each member voted (91)
Member Party Vote
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Coto — Yea
Bill — Yea
Tom — Yea
Eng — Yea
Feuer — Yea
Fuentes — Yea
Furutani — Yea
Charles — Yea
Galgiani — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fletcher — Yea
Fong — Yea
Ammiano — Yea
Beall — Yea
Davis — Yea
DeVore — Yea
Duvall — Yea
Yamada — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
Gilmore — Yea
Hagman — Yea
Hall — Yea
Harkey — Yea
Hayashi — Yea
Hill — Yea
Bass — Yea
Huber — Yea
Huffman — Yea
Jeffries — Yea
Knight — Yea
Krekorian — Yea
Lieu — Yea
Mendoza — Yea
Miller — Yea
Nava — Yea
Nestande — Yea
Silva — Yea
Skinner — Yea
Solorio — Yea
Swanson — Yea
Torres — Yea
Torrico — Yea
Tran — Yea
Adams — Yea
Anderson — Yea
Blakeslee — Yea
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Hernandez — Yea
Logue — Yea
Ma — Yea
Monning — Yea
Nielsen — Yea
Ruskin — Yea
Smyth — Yea
Torlakson — Yea
Villines — Yea
Emmerson — Yea
Evans — Yea
Fuller — Yea
Garrick — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Special Consent #18 AB515 Hagman By Calderon

Passed 40 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 37001
Democratic 2000
Republican 1000
Total 40001
% of votes cast 98%0%0%2%
How each member voted (41)
Member Party Vote
Cogdill — Yea
Hancock — Yea
Harman — Yea
Corbett — Yea
Ducheny — Yea
Hollingsworth — Yea
Huff — Yea
Kehoe — Yea
Liu — Yea
Alquist — Yea
Ashburn — Yea
Benoit — Yea
Dutton — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Yee — Yea
Maldonado — Yea
McLeod — Yea
Oropeza — Not Voting
Price — Yea
Romero — Yea
Simitian — Yea
Steinberg — Yea
Walters — Yea
Wiggins — Yea
Wolk — Yea
Wright — Yea
Aanestad — Yea
Leno — Yea
Pavley — Yea
Cedillo — Yea
Wyland — Yea
Correa — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Yea
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass as amended.

Passed 11 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 11002
Total 11002
% of votes cast 85%0%0%15%
How each member voted (13)
Member Party Vote
Yee — Yea
Hancock — Not Voting
Wyland — Yea
Runner — Yea
Kehoe — Yea
Walters — Yea
Wolk — Yea
Corbett — Yea
Leno — Yea
Oropeza — Not Voting
Price — Yea
Cox — Yea
Denham — Yea

Official roll call →

AB 515 HAGMAN Consent Calendar Second Day Regular Session

Passed 85 Yea · 0 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 77007
Democratic 5000
Republican 3000
Total 85007
% of votes cast 92%0%0%8%
How each member voted (92)
Member Party Vote
Hall — Yea
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Bill — Yea
Berryhill — Yea
Tom — Yea
Berryhill — Yea
Evans — Yea
Charles — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Beall — Yea
Coto — Yea
Davis — Yea
Duvall — Yea
Fletcher — Yea
Bonnie — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Audra — Yea
Gaines — Not Voting
Saldana — Not Voting
Fuller — Yea
Furutani — Yea
Galgiani — Yea
Bass — Not Voting
Gilmore — Yea
Hagman — Yea
Harkey — Yea
Hernandez — Yea
Hill — Yea
Huffman — Yea
Jeffries — Yea
Knight — Yea
Krekorian — Yea
Lieu — Yea
Mendoza — Yea
Miller — Yea
Nava — Yea
Nestande — Yea
Price — Yea
Ruskin — Yea
Silva — Yea
Smyth — Not Voting
Solorio — Yea
Torlakson — Yea
Torres — Yea
Tran — Yea
Villines — Yea
Adams — Yea
Ammiano — Not Voting
Anderson — Yea
Blakeslee — Yea
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Yea
Logue — Yea
Ma — Yea
Monning — Yea
Nielsen — Yea
Skinner — Yea
Swanson — Yea
Torrico — Yea
Emmerson — Yea
Eng — Yea
Feuer — Yea
DeVore — Yea
Yamada — Yea
Fuentes — Not Voting
Garrick — Not Voting
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
Duvall — Yea
Hall — Yea
Charles — Yea
Harkey — Yea
De — Yea
Leon — Yea
John — Yea
A. — Yea
Perez — Yea
Miller — Yea
Audra — Yea
Price — Yea
Ammiano — Yea
Nielsen — Yea
Skinner — Yea
Solorio — Yea
Torlakson — Yea
Davis — Yea
Fuentes — Yea
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass and be re-referred to the Committee on Judiciary.

Passed 12 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 11001
Republican 1000
Total 12001
% of votes cast 92%0%0%8%
How each member voted (13)
Member Party Vote
John — Yea
A. — Yea
Perez — Yea
Conway — Yea
Eng — Not Voting
Hernandez — Yea
Nava — Yea
Price — Yea
Ruskin — Yea
Smyth — Yea
Hayashi — Yea
Emmerson — Yea
Niello, Roger W. Republican Yea

Official roll call →

Subjects

public-safety labor transportation
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 515 do?
(1) 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. The act requires an applicant for a qualification certificate to satisfy specified requirements, including possessing 2 years lawful experience that may include experience recovering collateral as a salaried employee of a financial institution or vehicle dealer and that is to consist of a minimum of 4,000 hours of compensated work. The act requires every repossession agency office to be under the active charge of a qualified certificate holder. The act requires licensees to serve a debtor with a specified notice of seizure after the recovery of collateral by the licensee. This bill would make a tow vehicle that is used to violate the act subject to removal and impoundment. The bill would provide that lawful experience for a qualification certificate does not include any employment performing work other than skip tracing, debt collection, or actual collateral recovery. The bill would specify that a licensee may have more than one qualified certificate holder in an office. The bill would require a licensee's notice provided to a debtor after recovery of collateral to include a disclosure that electrical or tire failure or any damage to, as a result of, or caused by, certain aftermarket parts and accessories on a vehicle shall not be the responsibility of the licensee, except as specified. Because a violation of these provisions by a licensee would be a crime, the bill would impose a state-mandated local program. (2) Existing law provides that a peace officer or, in certain other cases, a magistrate, may cause the removal and seizure of a vehicle, as specified. Existing law provides that a vehicle so seized may be impounded for 30 days. Under existing law, a vehicle removed and seized may be released to the legal owner or the legal owner's agent prior to the end of 30 days' impoundment if certain conditions are met, including, but not limited to, the requirement that the legal owner or the legal owner's agent pay all towing and storage fees related to the seizure of the vehicle. This bill would require a law enforcement agency that has impounded a vehicle to remain open to issue a release to the registered owner or legal owner of a vehicle whenever the agency is open to serve the public for regular, nonemergency business. The bill would require specified facilities where impounded vehicles are stored to accept valid bank credit cards, as defined, or cash as payment for towing, storage, and related fees and would make the facility civilly liable, as specified, for a failure to do so. The bill would make it a misdemeanor for a legal owner of an impounded vehicle to knowingly release the vehicle to the registered owner of the vehicle in certain circumstances. The bill would impose additional requirements with respect to the release of an impounded vehicle. By establishing new crimes and imposing new duties on law enforcement agencies, the bill would impose a state-mandated local program. (3) Existing law imposes various taillamp, stoplamp, turn signal requirements, and multisafety chain requirements applicable to towing vehicles. This bill would delete specified provisions requiring a tow vehicle to use an extension cord to display rear stoplamps and turn signals. The bill would exempt a repossessor's towing vehicle from the multisafety chain requirements applicable to towing vehicles if the repossessor is towing a vehicle no more than one mile on a public highway and the vehicle is secured by one safety chain. (4) This bill would also incorporate additional changes in Section 21100.4 of the Vehicle Code proposed by SB 201, to be operative only if SB 201, and this bill are enacted and become effective on or before January 1, 2010, and this bill is enacted last. (5) 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Who sponsors AB 515?
AB 515 is sponsored by Hagman.
What is the current status of AB 515?
This bill has been enacted into law. Introduced February 24, 2009. Enacted.
Where can I track AB 515?
Track AB 515 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on AB 515

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of AB 515

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →