AB 2656: Vehicle towing and storage.

Existing law authorizes the impoundment and storage of vehicles under a variety of circumstances, including, among others, when the vehicle has been issued 5 or more notices of parking violations to which the owner or person in control of the vehicle has not responded, as specified. Existing law establishes procedures for the release of a vehicle so impounded and stored, and generally requires payment of penalties and towing and storage fees, as applicable, for the release of the vehicle. Existing law requires a person operating or in charge of a storage facility where vehicles are stored pursuant to those provisions to accept a valid bank credit card or cash for payment of towing and storage fees by the registered owner, legal owner, or owners agent in connection with release of the vehicle. Existing law makes the facility civilly liable, as specified, for refusing to accept a valid credit card. A violation of these provisions is also a crime.

This bill would require the person at the storage facility to accept any valid bank credit card, debit card, cash, or any combination of those for payment of towing and storage fees from the registered or legal owner of the vehicle, the agent of the registered or legal owner, or a licensed repossessor. The bill would provide that the credit or debit card need not be in the name of the person who has received a vehicle release. The bill would require that, if a storage facilitys credit card or debit card machine is inoperable or if the transaction cannot be completed for a reason other than the denial of the card, the storage facility call its merchant processing center to process the transaction. The bill would require that, if a customers credit card or debit card is declined, the storage facility make its telephone available for the customer to call his or her credit card or debit card company. The bill would make the facility civilly liable for refusing or willfully failing to accept a valid credit or debit card. The bill would make additional conforming changes. By expanding the scope of an existing crime, this bill would impose a state-mandated local program.

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.