California 2017-2018 Regular Session Status: To Executive

AB 2169 — Leased and rented vehicles: embezzlement and theft.

Last action — Consideration of Governor's veto pending.

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

This bill died with 2017-2018 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law establishes a presumption that a person who willfully and intentionally fails to return a leased or rented vehicle to its owner within 5 days of the expiration of the agreement has embezzled the vehicle. Existing law requires every peace officer, upon receiving a report based on reliable information that a registered vehicle has been stolen, or that a leased or rented vehicle has not been returned within 5 days after its owner has made written demand for its return, by certified or registered mail, following the expiration of the lease or rental agreement, to report the information to the Department of Justice Stolen Vehicle System. Except as otherwise provided, a failure to comply with the Vehicle Code is punishable as an infraction. This bill would reduce the 5-day period following the expiration of the vehicle lease or rental agreement to 48 hours for the presumption of embezzlement to apply. The bill would require the lease or rental agreement to disclose that failure to return the vehicle within 48 hours after expiration of the lease or rental agreement may result in the vehicle being reported stolen. The bill would require the lease or rental agreement to require the lessee or renter to provide a method to contact him or her if the vehicle is not returned as required. The bill would require the owner of an embezzled vehicle to attempt to contact the other party to the lease or rental agreement who has failed to return the vehicle using the contact method specified in the lease or rental agreement. If the owner is able to contact the party, the bill would require the owner to inform the party that if arrangements for the return of the vehicle that are satisfactory for the owner are not made, the owner may report the vehicle stolen to law enforcement. If the owner is not able to contact the other party after a reasonable number of attempts, or if upon contacting the other party, the owner is not able to arrange for the return of the vehicle, the bill would authorize the owner to report the vehicle stolen to a peace officer. With regard to a leased or rented vehicle procured by fraud, the bill would specify that the owner is not required to wait until the expiration of the lease or rental agreement to inform law enforcement of the theft. The bill would except an owner that fails to comply with these requirements from the crime described above. The bill would make conforming changes.

Bill Text

Action History

  1. Consideration of Governor's veto pending.

  2. Vetoed by Governor.

  3. Enrolled and presented to the Governor at 4 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 75. Noes 1. Page 6205.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 9 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 35. Noes 0. Page 5163.).

  7. Read second time. Ordered to third reading.

  8. From committee: Be ordered to second reading pursuant to Senate Rule 28.8.

  9. Read second time and amended. Re-referred to Com. on APPR.

  10. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (May 15).

  11. Referred to Com. on PUB. S.

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

  13. Read third time. Passed. Ordered to the Senate. (Ayes 68. Noes 0. Page 4644.)

  14. Read second time. Ordered to Consent Calendar.

  15. From committee: Do pass. To Consent Calendar. (Ayes 15. Noes 0.) (April 4).

  16. Re-referred to Com. on APPR.

  17. Read second time and amended.

  18. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (March 20).

  19. Referred to Com. on PUB. S.

  20. From printer. May be heard in committee March 15.

  21. Read first time. To print.

Sponsors

  • Voepel · Primary

Sponsorship breakdown

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

Sponsors (1)

  • Voepel

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 2169 VOEPEL Concurrence in Senate Amendments

Passed 75 Yea · 1 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 54103
Democratic 15001
Republican 6000
Total 75104
% of votes cast 94%1%0%5%
How each member voted (80)
Member Party Vote
Acosta — Yea
Bigelow — Yea
Bloom — Yea
Brough — Not Voting
Harper — Yea
Jones-Sawyer — Yea
Levine — Yea
Low — Yea
Mathis — Yea
O'Donnell — Yea
Quirk — Yea
Rodriguez — Yea
Thurmond — Yea
Weber — Yea
Wood — Yea
Eggman — Yea
Gloria — Yea
Mayes — Yea
Gonzalez Fletcher — Yea
Medina — Yea
Mullin — Yea
Fong — Yea
Salas — Yea
Chau — Yea
Chu — Yea
Santiago — Yea
Ting — Yea
Voepel — Yea
Burke — Yea
Frazier — Yea
Gray — Yea
Rubio — Yea
Holden — Yea
Rivas — Yea
Kamlager-Dove — Not Voting
Kiley — Yea
Maienschein — Yea
McCarty — Not Voting
Melendez — Yea
Nazarian — Yea
Baker — Yea
Chiu — Yea
Chávez — Yea
Cooper — Yea
Obernolte — Yea
Rendon — Yea
Steinorth — Yea
Waldron — Yea
Cooley — Yea
Cunningham — Yea
Daly — Yea
Friedman — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Mark Stone — Yea
Travis Allen — Nay
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Not Voting
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

3rd Reading AB2169 Voepel By Bates

Passed 35 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 31003
Democratic 4001
Total 35004
% of votes cast 90%0%0%10%
How each member voted (39)
Member Party Vote
Anderson — Not Voting
Bates — Yea
Hertzberg — Yea
Leyva — Yea
Monning — Yea
Nielsen — Yea
Skinner — Yea
Vidak — Yea
Chang — Yea
Fuller — Yea
Cannella — Yea
Dodd — Yea
Galgiani — Yea
Portantino — Yea
Allen — Yea
Glazer — Yea
Hernandez — Yea
Mitchell — Yea
Atkins — Yea
De León — Yea
Hill — Yea
Hueso — Yea
Beall — Yea
Bradford — Yea
Lara — Yea
Moorlach — Yea
Morrell — Yea
Pan — Yea
Roth — Yea
Wieckowski — Not Voting
Wilk — Yea
Beth Gaines — Yea
Bill Berryhill — Not Voting
Mark Stone — Yea
Jackson, Corey A. Democratic Not Voting
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

AB 2169 VOEPEL Consent Calendar Second Day

Passed 68 Yea · 0 Nay · 9 Other
Party YeaNayPresentNot Voting
Unaffiliated 48008
Democratic 14001
Republican 6000
Total 68009
% of votes cast 88%0%0%12%
How each member voted (77)
Member Party Vote
Acosta — Yea
Baker — Yea
Bloom — Not Voting
Brough — Yea
Holden — Yea
Jones-Sawyer — Not Voting
Maienschein — Yea
Medina — Yea
Nazarian — Yea
Rendon — Yea
Steinorth — Not Voting
Voepel — Yea
Eggman — Yea
Chau — Yea
Frazier — Yea
Gonzalez Fletcher — Yea
Mathis — Yea
Mayes — Yea
Fong — Yea
Salas — Yea
Melendez — Yea
Chu — Yea
Quirk — Yea
Rodriguez — Yea
Thurmond — Yea
Ting — Yea
Weber — Yea
Wood — Yea
Rubio — Yea
Harper — Yea
Burke — Yea
Gray — Not Voting
Kiley — Yea
Levine — Yea
Low — Not Voting
McCarty — Yea
Bigelow — Yea
Chiu — Yea
Chávez — Yea
Cooley — Yea
Cooper — Yea
Mullin — Not Voting
O'Donnell — Yea
Obernolte — Yea
Santiago — Not Voting
Waldron — Yea
Cunningham — Yea
Daly — Yea
Friedman — Yea
Gloria — Yea
Cristina Garcia — Not Voting
Eduardo Garcia — Yea
Jim Patterson — Yea
Mark Stone — Yea
Travis Allen — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Not Voting
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Do pass. To Consent Calendar.

Passed 15 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 11002
Democratic 3000
Republican 1000
Total 15002
% of votes cast 88%0%0%12%
How each member voted (17)
Member Party Vote
Bigelow — Yea
Bloom — Yea
Brough — Not Voting
Chau — Yea
Fong — Yea
Gonzalez Fletcher — Yea
Friedman — Yea
Nazarian — Not Voting
Obernolte — Yea
Quirk — Yea
Eggman — Yea
Eduardo Garcia — Yea
Wendy Carrillo — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Gallagher, James Republican Yea

Official roll call →

Subjects

public-safety transportation
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Frequently asked questions

What does AB 2169 do?
Existing law establishes a presumption that a person who willfully and intentionally fails to return a leased or rented vehicle to its owner within 5 days of the expiration of the agreement has embezzled the vehicle. Existing law requires every peace officer, upon receiving a report based on reliable information that a registered vehicle has been stolen, or that a leased or rented vehicle has not been returned within 5 days after its owner has made written demand for its return, by certified or registered mail, following the expiration of the lease or rental agreement, to report the information to the Department of Justice Stolen Vehicle System. Except as otherwise provided, a failure to comply with the Vehicle Code is punishable as an infraction. This bill would reduce the 5-day period following the expiration of the vehicle lease or rental agreement to 48 hours for the presumption of embezzlement to apply. The bill would require the lease or rental agreement to disclose that failure to return the vehicle within 48 hours after expiration of the lease or rental agreement may result in the vehicle being reported stolen. The bill would require the lease or rental agreement to require the lessee or renter to provide a method to contact him or her if the vehicle is not returned as required. The bill would require the owner of an embezzled vehicle to attempt to contact the other party to the lease or rental agreement who has failed to return the vehicle using the contact method specified in the lease or rental agreement. If the owner is able to contact the party, the bill would require the owner to inform the party that if arrangements for the return of the vehicle that are satisfactory for the owner are not made, the owner may report the vehicle stolen to law enforcement. If the owner is not able to contact the other party after a reasonable number of attempts, or if upon contacting the other party, the owner is not able to arrange for the return of the vehicle, the bill would authorize the owner to report the vehicle stolen to a peace officer. With regard to a leased or rented vehicle procured by fraud, the bill would specify that the owner is not required to wait until the expiration of the lease or rental agreement to inform law enforcement of the theft. The bill would except an owner that fails to comply with these requirements from the crime described above. The bill would make conforming changes.
Who sponsors AB 2169?
AB 2169 is sponsored by Voepel.
What is the current status of AB 2169?
This bill died with 2017-2018 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 2169?
Track AB 2169 free on One Click Politics — get push/email alerts when it moves.

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