Bill Text: CA AB2620 | 2017-2018 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Rental passenger vehicle transactions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2018-09-11 - Chaptered by Secretary of State - Chapter 344, Statutes of 2018. [AB2620 Detail]

Download: California-2017-AB2620-Amended.html

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Amended  IN  Senate  May 29, 2018

Amended  IN  Assembly  April 16, 2018

Amended  IN  Assembly  March 22, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill

No. 2620

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Introduced by Assembly Member Ting

February 15, 2018

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An act to amend Sections 10500 and 10855 of the Vehicle Code, relating to crime. Section 1939.23 of, and to add Section 1939.22 to, the Civil Code, relating to rental passenger vehicle transactions.

LEGISLATIVE COUNSEL'S DIGEST

AB 2620, as amended, Ting. Property crime: embezzlement: vehicles. Rental passenger vehicle transactions.

Existing law generally governs the transactions between a rental company, also referred to as a rental car company, and its customers, including, among other provisions, restrictions on a rental company’s use of electronic surveillance technology. Existing law, as part of those restrictions, prohibits a rental company from using, accessing, or obtaining any information relating to the renter’s use of the rental vehicle that was obtained using electronic surveillance technology, except under specified circumstances including that the rental vehicle has not been returned following one week after the contracted return date or extension of the return date.

This bill would require a rental company to send communications to a renter electronically if the renter agrees to that communication in the rental or lease agreement. The bill would prohibit a rental company from denying a rental or lease agreement if the renter chooses not to receive communications electronically. The bill would specify that “electronically” for those purposes does not include a cellular telephone.

The bill would, until January 1, 2024, additionally authorize electronic surveillance technology to be used by a rental company in circumstances in which the rental vehicle has not been returned within 48 hours after the contract return date or extension of the return date. The bill would require, subject to exceptions, that the rental company notify the renter, as specified, 24 hours in advance of activating the electronic surveillance technology. The bill would require rental and lease agreements for rental passenger vehicles to advise the renter that electronic surveillance technology may be activated if the rental vehicle is not returned within 48 hours after the contracted return date or extension of the return date. The bill would require a renter to acknowledge this advisement in the rental or lease agreement by initials.

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 a 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 following the expiration of the lease or rental agreement, to report the information to the Department of Justice Stolen Vehicle System.

This bill would reduce the 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 a peace officer, upon receiving a report that a leased or rented vehicle has not been returned within 48 hours after its owner has made written demand for its return following the expiration of the lease or rental agreement, to report the information to the Department of Justice Stolen Vehicle System.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YESNO   Local Program: NO  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 1939.22 is added to the Civil Code, to read:

1939.22.

 A rental company shall send communications to a renter electronically if the renter agrees to that communication in the rental or lease agreement. A rental company shall not deny a rental or lease agreement if the renter chooses not to receive communications electronically. For purposes of this section, “electronically” does not include a cellular telephone.

SEC. 2.

 Section 1939.23 of the Civil Code is amended to read:

1939.23.

 (a) A rental company shall not use, access, or obtain any information relating to the renter’s use of the rental vehicle that was obtained using electronic surveillance technology, except in the following circumstances:

(1) (A) When the equipment is used by the rental company only for the purpose of locating a stolen, abandoned, or missing rental vehicle after one of the following:

(i) The renter or law enforcement has informed the rental company that the vehicle is missing or has been stolen or abandoned.

(ii) The Until January 1, 2024, if the rental vehicle has not been returned following one week 48 hours after the contracted return date or by one week 48 hours following the end of an extension of that return date. date, the rental company may activate electronic surveillance technology. The rental company shall provide notice of activation of the electronic surveillance technology 24 hours prior to activation, by telephone and electronically pursuant to Section 1939.22, unless the renter has not provided a telephone number or the renter has not agreed to electronic communication pursuant to Section 1939.22. The rental or lease agreement shall advise the renter that electronic surveillance technology may be activated if the rental vehicle has not been returned within 48 hours after the contracted return date or extension of the return date. The renter shall acknowledge this advisement in the rental or lease agreement by initials.

(iii) Commencing January 1, 2024, the rental vehicle has not been returned following one week after the contracted return date or by one week following the end of an extension of that return date.

(iii)

(iv) The rental company discovers the rental vehicle has been stolen or abandoned, and, if stolen, the rental company shall report the vehicle stolen to law enforcement by filing a stolen vehicle report, unless law enforcement has already informed the rental company that the vehicle is missing or has been stolen or abandoned.

(iv)

(v) The rental vehicle is the subject of an AMBER Alert issued pursuant to Section 8594 of the Government Code. If the rental company uses the equipment in connection with this provision relating to an AMBER Alert, the rental company shall notify law enforcement that one of the rental company’s vehicles is the subject of an AMBER Alert upon becoming aware of the situation, unless law enforcement has already informed the rental company that the vehicle was the subject of an AMBER Alert.

(B) If electronic surveillance technology is activated pursuant to subparagraph (A), a rental company shall maintain a record, in either electronic or written form, of information relevant to the activation of that technology. That information shall include the rental agreement, including the return date, and the date and time the electronic surveillance technology was activated. The record shall also include, if relevant, a record of written or other communication with the renter, including communications regarding extensions of the rental, police reports, or other written communication with law enforcement officials. The record shall be maintained for a period of at least 12 months from the time the record is created and shall be made available upon the renter’s request. The rental company shall maintain and furnish explanatory codes necessary to read the record. A rental company shall not be required to maintain a record if electronic surveillance technology is activated to recover a rental vehicle that is stolen or missing at a time other than during a rental period.

(2) In response to a specific request from law enforcement pursuant to a subpoena or search warrant.

(b) Subdivision (a) does not prohibit a rental company from equipping rental vehicles with any of the following:

(1) GPS-based technology that provides navigation assistance to the occupants of the rental vehicle, if the rental company does not use, access, or obtain information relating to the renter’s use of the rental vehicle that was obtained using that technology, except for the purposes of discovering or repairing a defect in the technology and the information may then be used only for that purpose.

(2) Electronic surveillance technology that allows for the remote locking or unlocking of the vehicle at the request of the renter, if the rental company does not use, access, or obtain information relating to the renter’s use of the rental vehicle that was obtained using that technology, except as necessary to lock or unlock the vehicle.

(3) Electronic surveillance technology that allows the company to provide roadside assistance, such as towing, flat tire, or fuel services, at the request of the renter, if the rental company does not use, access, or obtain information relating to the renter’s use of the rental vehicle that was obtained using that technology except as necessary to provide the requested roadside assistance.

(c) Subdivision (a) does not prohibit a rental company from obtaining, accessing, or using information from electronic surveillance technology for the sole purpose of determining the date and time the vehicle departs from and is returned to the rental company, and the total mileage driven and the vehicle fuel level of the returned vehicle. The information obtained or accessed from this electronic surveillance technology shall only be used for the purpose described in this subdivision.

(d) A rental company shall not use electronic surveillance technology to track a renter in order to impose fines or surcharges relating to the renter’s use of the rental vehicle.

SECTION 1.Section 10500 of the Vehicle Code is amended to read:

10500.

(a)Every peace officer, upon receiving a report based on reliable information that any vehicle registered under this code has been stolen, taken, or driven in violation of Section 10851, or that a leased or rented vehicle has not been returned within 48 hours after its owner has made written demand for its return, by certified or registered mail, following the expiration of the lease or rental agreement, or that license plates for any vehicle have been lost or stolen, shall immediately after receiving that information, report the information to the Department of Justice Stolen Vehicle System. An officer, upon receiving information of the recovery of any vehicle described in this subdivision, or of the recovery of plates which have been previously reported as lost or stolen, shall immediately report the fact of the recovery to the Department of Justice Stolen Vehicle System. At the same time, the recovering officer shall advise the Department of Justice Stolen Vehicle System and the original reporting police agency of the location and condition of the vehicle or license plates recovered. The original reporting police agency, upon receipt of the information from the recovering officer, shall, immediately attempt to notify the reporting party by telephone, if the telephone number of the reporting party is available or readily accessible, of the location and condition of the recovered vehicle. If the reporting party’s telephone number is unknown, or notification attempts were unsuccessful, the original reporting police agency shall notify the reporting party by placing, in the mail, a notice providing the location and condition of the recovered vehicle. This written notice shall be mailed within 24 hours of the original reporting police agency’s receipt of the information of the recovery of the vehicle, excluding holidays and weekends.

(b)If the recovered vehicle is subject to parking or storage charges, Section 10652.5 applies.

SEC. 2.Section 10855 of the Vehicle Code is amended to read:

10855.

Whenever any person who has leased or rented a vehicle willfully and intentionally fails to return the vehicle to its owner within 48 hours after the lease or rental agreement has expired, that person shall be presumed to have embezzled the vehicle.