AB 791 — Collateral recovery: repossessors.

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. Existing law requires an applicant for an initial registration or a 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, except for the registrant's full name, the licensee's name and address, and the registration number. A violation of the act is a crime. This bill would prohibit, except as otherwise provided by law, a repossession agency from disclosing to the public, without a court order, the residence address, residence telephone number, cellular telephone number, driver's license number, work schedule, past, present, or future location, or any other personal information of any licensee, registrant, qualified certificate holder, qualified manager, employee, or independent contractor that it employs. By creating a new crime, the bill would impose a state-mandated local program. (2) Existing law declares that nothing in the act prohibits the using or taking of personal effects that are connected, adjoined, or affixed to the collateral through an unbroken sequence, if that use or taking is reasonably necessary to effectuate the recovery in a safe manner or to protect the collateral or personal effects. The bill would additionally declare that the act does not prohibit the removal of a locking mechanism or security device on the collateral, before, during, or after a repossession. (3) Existing law allows a licensed repossession agency or its registrants to make demand for payment in lieu of repossession, if the demand is made pursuant to an assignment for repossession. Existing law permits the director to assess an administrative fine for specified violations of the act. This bill would prohibit a licensed repossession agency or its registrants from making a demand for payment in lieu of repossession. The bill would also prohibit a repossession agency from selling collateral recovered under the provisions of the act. The bill would modify the director's authority to assess administrative fines for specified violations of the act and would increase those fines. By creating a new crime, the bill would impose a state-mandated local program. The bill would make conforming changes. The bill would also allow a person affiliated with a repossession agency to wear an oval, shield, round, square, or non-7-point badge, cap insignia, or jacket patch if it bears on its face all or a substantial part of the repossession agency's name, the repossession agency license number issued by the Director of Consumer Affairs to that individual or agency, and the word "repossessor." The bill would require all badges, cap insignias, and jacket patches worn by a repossessor to be a standard design approved by the director and to be clearly visible. The bill would prohibit a repossessor from wearing a badge on his or her belt and from hanging a badge around his or her neck. The bill would make these provisions inapplicable to a holder of a temporary registration, as specified. The bill would authorize the director to assess a fine of $100 for the first violation, $175 for the second violation, and $250 for each violation thereafter. By creating a new crime, the bill would impose a state-mandated local program. (4) "Collateral" is defined, for purposes of the act, as any specific vehicle, trailer, boat, recreational vehicle, motor home, appliance, or other property that is subject to a security agreement. Existing law provides, with regard to collateral subject to registration under the Vehicle Code, that 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. This bill additionally would declare that repossession is complete when the repossessor moves the entire collateral present or the repossessor gains control of the collateral. (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 no reimbursement is required by this act for a specified reason.

Bill Text

• Chaptered 09/24/13 - Chaptered Current pdf September 24, 2013
• Enrolled 09/05/13 - Enrolled pdf September 05, 2013
• Amended 08/13/13 - Amended Senate pdf August 13, 2013
• Amended 06/25/13 - Amended Senate pdf June 25, 2013
• Amended 05/13/13 - Amended Assembly pdf May 13, 2013
• Amended 04/29/13 - Amended Assembly pdf April 29, 2013
• Amended 03/19/13 - Amended Assembly pdf March 19, 2013
• Introduced 02/21/13 - Introduced pdf February 21, 2013
• AB791 View text html

Action History

1. September 24, 2013

   Chaptered by Secretary of State - Chapter 340, Statutes of 2013.

2. September 24, 2013

   Approved by the Governor.

3. September 09, 2013

   Enrolled and presented to the Governor at 3:30 p.m.

4. August 30, 2013

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 78. Noes 0. Page 2780.).

5. August 26, 2013

   In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 28 pursuant to Assembly Rule 77.

6. August 26, 2013

   Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 1985.).

7. August 20, 2013

   Read second time. Ordered to third reading.

8. August 19, 2013

   From committee: Do pass. (Ayes 7. Noes 0.) (August 19).

9. August 13, 2013

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

10. August 01, 2013

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

11. July 02, 2013

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (July 1). Re-referred to Com. on APPR.

12. June 25, 2013

    From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B., P. & E.D.

13. June 13, 2013

    Referred to Com. on B., P. & E.D.

14. May 29, 2013

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

15. May 29, 2013

    Read third time. Passed. Ordered to the Senate. (Ayes 77. Noes 0. Page 1761.)

16. May 24, 2013

    Read second time. Ordered to consent calendar.

17. May 24, 2013

    From committee: Do pass. To consent calendar. (Ayes 17. Noes 0.) (May 24).

18. May 14, 2013

    Re-referred to Com. on APPR. pursuant to Joint Rule 10.5.

19. May 14, 2013

    Read second time. Ordered to third reading.

20. May 13, 2013

    Read second time and amended. Ordered to second reading.

21. May 09, 2013

    From committee: Do pass as amended. (Ayes 12. Noes 0.) (May 7).

22. April 30, 2013

    Re-referred to Com. on B.,P. & C.P.

23. April 29, 2013

    From committee chair, with author's amendments: Amend, and re-refer to Com. on B.,P. & C.P. Read second time and amended.

24. March 20, 2013

    Re-referred to Com. on B.,P. & C.P.

25. March 19, 2013

    From committee chair, with author's amendments: Amend, and re-refer to Com. on B.,P. & C.P. Read second time and amended.

26. March 19, 2013

    Referred to Com. on B.,P. & C.P.

27. February 22, 2013

    From printer. May be heard in committee March 24.

28. February 21, 2013

    Read first time. To print.

Sponsors

• Hagman · Primary

Votes

Subjects