CA SB 382

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Description

Existing law regulates repossession agencies that locate or recover collateral, including vehicles, and provides for their licensure by the Bureau of Security and Investigative Services. Existing law requires a repossession agency to remove personal effects from the collateral, inventory the personal effects, and store the personal effects until claimed or for at least 60 days, as specified. This bill would prohibit a repossession agency from discussing, conspiring, or agreeing with a 3rd party to set a fee, rate, or cost for personal effects and from accepting a hold harmless agreement or release of indemnification in lieu of removing, inventorying, and storing personal effects. Existing law authorizes a person to place a lien on a registered vehicle for authorized towing, storage, or labor associated with recovery or load salvage of the vehicle, among other things. This bill would clarify that provisions relating to vehicle liens do not prohibit a licensed repossession agency from filing a lien. Existing law generally prohibits a tow yard, impounding agency, or governmental agency, or a person acting on their behalf, from refusing to release a vehicle or other collateral to anyone legally entitled to the vehicle or other collateral. Under specified circumstances, including after a vehicle is seized because the driver has a suspended or revoked driver's license, existing law requires a person in possession of a vehicle to release the vehicle without requiring documents other than those specified. This bill would specify that requiring additional documents to release a vehicle is a violation of the statute prohibiting a tow yard, impounding agency, or governmental agency, or a person acting on their behalf, from refusing to release a vehicle or other collateral to anyone legally entitled to the vehicle or other collateral.