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| 1 | + | Amended IN Senate March 15, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 1250Introduced by Senator LimnFebruary 17, 2022An act to amend Section 1626 of the Civil Code, relating to civil law. An act to add Section 1939.18 to the Civil Code, and to add Section 23306 to the Vehicle Code, relating to business.LEGISLATIVE COUNSEL'S DIGESTSB 1250, as amended, Limn. Contracts. Rental passenger vehicle transactions: fees: toll roads and bridges.(1) Existing law generally governs the transactions between a rental car company, also referred to as a rental company, and its customers, including, among other provisions, required disclosures by a rental company, mandatory contract provisions for a vehicle rental agreement, restrictions on a rental companys use of electronic surveillance technology, and authorization for a rental company to collect specific types of fees and charges from its customers. This bill would establish a maximum charge that a rental company may impose per rental period, in addition to the actual cost of the tolls, on a renter for using a toll road or bridge without paying the required toll at the time of use.(2) Under existing law, a vehicle that enters into or upon a vehicular crossing immediately becomes liable for any tolls and other charges. Existing law requires an issuing agency, as defined, that permits pay-by-plate toll payment to communicate, as practicable, the pay-by-plate toll amount in the same manner as it communicates other toll payment methods. This bill would require an issuing agency that permits pay-by-plate toll payment to allow a driver of a rental vehicle to pay an unpaid toll on the agencys internet website or by mail for at least five days from the date that the person drove over the vehicular crossing, toll highway, or high-occupancy toll lane. The bill would prohibit the issuing agency from sending an invoice for an unpaid toll to a rental car agency until the expiration of the five day period.Existing law generally regulates the manner in which contracts are created. Existing law establishes that a contract in writing takes effect upon its delivery to the party, or the agent of the party, in whose favor it is made.This bill would make a nonsubstantive change to that provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 1939.18 is added to the Civil Code, to read:1939.18. The maximum charge a rental company shall impose on a renter for using a toll road or bridge without paying the required toll at the time of use is ____ dollars ($____), in addition to the actual cost of the tolls, per rental period.SEC. 2. Section 23306 is added to the Vehicle Code, immediately following Section 23303, to read:23306. An issuing agency that permits pay-by-plate toll payment as described in subdivision (e) of Section 23302 shall allow a driver of a rental vehicle to pay an unpaid toll on the agencys internet website or by mail for at least five days from the date that the person drove over the vehicular crossing, toll highway, or high-occupancy toll lane, and shall not send an invoice for an unpaid toll to a rental car agency until the expiration of the five day period.SECTION 1.Section 1626 of the Civil Code is amended to read:1626.A contract in writing takes effect upon its delivery to the party in whose favor it is made, or to their agent. | |
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| 3 | + | Amended IN Senate March 15, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 1250Introduced by Senator LimnFebruary 17, 2022An act to amend Section 1626 of the Civil Code, relating to civil law. An act to add Section 1939.18 to the Civil Code, and to add Section 23306 to the Vehicle Code, relating to business.LEGISLATIVE COUNSEL'S DIGESTSB 1250, as amended, Limn. Contracts. Rental passenger vehicle transactions: fees: toll roads and bridges.(1) Existing law generally governs the transactions between a rental car company, also referred to as a rental company, and its customers, including, among other provisions, required disclosures by a rental company, mandatory contract provisions for a vehicle rental agreement, restrictions on a rental companys use of electronic surveillance technology, and authorization for a rental company to collect specific types of fees and charges from its customers. This bill would establish a maximum charge that a rental company may impose per rental period, in addition to the actual cost of the tolls, on a renter for using a toll road or bridge without paying the required toll at the time of use.(2) Under existing law, a vehicle that enters into or upon a vehicular crossing immediately becomes liable for any tolls and other charges. Existing law requires an issuing agency, as defined, that permits pay-by-plate toll payment to communicate, as practicable, the pay-by-plate toll amount in the same manner as it communicates other toll payment methods. This bill would require an issuing agency that permits pay-by-plate toll payment to allow a driver of a rental vehicle to pay an unpaid toll on the agencys internet website or by mail for at least five days from the date that the person drove over the vehicular crossing, toll highway, or high-occupancy toll lane. The bill would prohibit the issuing agency from sending an invoice for an unpaid toll to a rental car agency until the expiration of the five day period.Existing law generally regulates the manner in which contracts are created. Existing law establishes that a contract in writing takes effect upon its delivery to the party, or the agent of the party, in whose favor it is made.This bill would make a nonsubstantive change to that provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO | |
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| 5 | + | Amended IN Senate March 15, 2022 | |
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| 7 | - | Amended IN Senate April 19, 2022 | |
| 8 | 7 | Amended IN Senate March 15, 2022 | |
| 9 | 8 | ||
| 10 | 9 | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION | |
| 11 | 10 | ||
| 12 | 11 | Senate Bill | |
| 13 | 12 | ||
| 14 | 13 | No. 1250 | |
| 15 | 14 | ||
| 16 | 15 | Introduced by Senator LimnFebruary 17, 2022 | |
| 17 | 16 | ||
| 18 | 17 | Introduced by Senator Limn | |
| 19 | 18 | February 17, 2022 | |
| 20 | 19 | ||
| 21 | - | An act to add Section 1939.18 to the Civil Code, and to add Section 23306 to the Vehicle Code, relating to business. | |
| 20 | + | An act to amend Section 1626 of the Civil Code, relating to civil law. An act to add Section 1939.18 to the Civil Code, and to add Section 23306 to the Vehicle Code, relating to business. | |
| 22 | 21 | ||
| 23 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 24 | 23 | ||
| 25 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 26 | 25 | ||
| 27 | - | SB 1250, as amended, Limn. Rental passenger vehicle transactions: fees: toll roads and bridges. | |
| 26 | + | SB 1250, as amended, Limn. Contracts. Rental passenger vehicle transactions: fees: toll roads and bridges. | |
| 28 | 27 | ||
| 29 | - | (1) | |
| 28 | + | (1) Existing law generally governs the transactions between a rental car company, also referred to as a rental company, and its customers, including, among other provisions, required disclosures by a rental company, mandatory contract provisions for a vehicle rental agreement, restrictions on a rental companys use of electronic surveillance technology, and authorization for a rental company to collect specific types of fees and charges from its customers. This bill would establish a maximum charge that a rental company may impose per rental period, in addition to the actual cost of the tolls, on a renter for using a toll road or bridge without paying the required toll at the time of use.(2) Under existing law, a vehicle that enters into or upon a vehicular crossing immediately becomes liable for any tolls and other charges. Existing law requires an issuing agency, as defined, that permits pay-by-plate toll payment to communicate, as practicable, the pay-by-plate toll amount in the same manner as it communicates other toll payment methods. This bill would require an issuing agency that permits pay-by-plate toll payment to allow a driver of a rental vehicle to pay an unpaid toll on the agencys internet website or by mail for at least five days from the date that the person drove over the vehicular crossing, toll highway, or high-occupancy toll lane. The bill would prohibit the issuing agency from sending an invoice for an unpaid toll to a rental car agency until the expiration of the five day period.Existing law generally regulates the manner in which contracts are created. Existing law establishes that a contract in writing takes effect upon its delivery to the party, or the agent of the party, in whose favor it is made.This bill would make a nonsubstantive change to that provision. | |
| 30 | 29 | ||
| 31 | - | (1)Existing | |
| 30 | + | (1) Existing law generally governs the transactions between a rental car company, also referred to as a rental company, and its customers, including, among other provisions, required disclosures by a rental company, mandatory contract provisions for a vehicle rental agreement, restrictions on a rental companys use of electronic surveillance technology, and authorization for a rental company to collect specific types of fees and charges from its customers. | |
| 31 | + | ||
| 32 | + | This bill would establish a maximum charge that a rental company may impose per rental period, in addition to the actual cost of the tolls, on a renter for using a toll road or bridge without paying the required toll at the time of use. | |
| 33 | + | ||
| 34 | + | (2) Under existing law, a vehicle that enters into or upon a vehicular crossing immediately becomes liable for any tolls and other charges. Existing law requires an issuing agency, as defined, that permits pay-by-plate toll payment to communicate, as practicable, the pay-by-plate toll amount in the same manner as it communicates other toll payment methods. | |
| 35 | + | ||
| 36 | + | This bill would require an issuing agency that permits pay-by-plate toll payment to allow a driver of a rental vehicle to pay an unpaid toll on the agencys internet website or by mail for at least five days from the date that the person drove over the vehicular crossing, toll highway, or high-occupancy toll lane. The bill would prohibit the issuing agency from sending an invoice for an unpaid toll to a rental car agency until the expiration of the five day period. | |
| 37 | + | ||
| 38 | + | Existing law generally regulates the manner in which contracts are created. Existing law establishes that a contract in writing takes effect upon its delivery to the party, or the agent of the party, in whose favor it is made. | |
| 32 | 39 | ||
| 33 | 40 | ||
| 34 | 41 | ||
| 35 | - | Existing law generally governs the transactions between a rental car company, also referred to as a rental company, and its customers, including, among other provisions, required disclosures by a rental company, mandatory contract provisions for a vehicle rental agreement, restrictions on a rental companys use of electronic surveillance technology, and authorization for a rental company to collect specific types of fees and charges from its customers. Under existing law, a vehicle that enters into or upon a vehicular crossing immediately becomes liable for any tolls and other charges. | |
| 36 | - | ||
| 37 | - | This bill would establish a maximum charge that a rental company may impose per rental period, in addition to the actual cost of the tolls, on a renter for using a toll road or bridge without paying the required toll at the time of use. require a rental company to provide a written notice to its customers stating the amount a customer may be charged by the rental company if tolls are not paid by the customer, whether there are any methods to avoid those charges, and if there are, instructions as to how the customer can use those methods, as specified. | |
| 38 | - | ||
| 39 | - | (2)Under existing law, a vehicle that enters into or upon a vehicular crossing immediately becomes liable for any tolls and other charges. Existing law requires an issuing agency, as defined, that permits pay-by-plate toll payment to communicate, as practicable, the pay-by-plate toll amount in the same manner as it communicates other toll payment methods. | |
| 40 | - | ||
| 41 | - | ||
| 42 | - | ||
| 43 | - | This bill would require an issuing agency that permits pay-by-plate toll payment to allow a driver of a rental vehicle to pay an unpaid toll on the agencys internet website or by mail for at least five days from the date that the person drove over the vehicular crossing, toll highway, or high-occupancy toll lane. The bill would prohibit the issuing agency from sending an invoice for an unpaid toll to a rental car agency until the expiration of the five day period. | |
| 42 | + | This bill would make a nonsubstantive change to that provision. | |
| 44 | 43 | ||
| 45 | 44 | ||
| 46 | 45 | ||
| 47 | 46 | ## Digest Key | |
| 48 | 47 | ||
| 49 | 48 | ## Bill Text | |
| 50 | 49 | ||
| 51 | - | The people of the State of California do enact as follows:SECTION 1. Section 1939.18 is added to the Civil Code, to read:1939.18. The maximum charge a rental company shall impose on a renter for using a toll road or bridge without paying the required toll at the time of use is ____ dollars ($____), in addition to the actual cost of the tolls, per rental period. | |
| 50 | + | The people of the State of California do enact as follows:SECTION 1. Section 1939.18 is added to the Civil Code, to read:1939.18. The maximum charge a rental company shall impose on a renter for using a toll road or bridge without paying the required toll at the time of use is ____ dollars ($____), in addition to the actual cost of the tolls, per rental period.SEC. 2. Section 23306 is added to the Vehicle Code, immediately following Section 23303, to read:23306. An issuing agency that permits pay-by-plate toll payment as described in subdivision (e) of Section 23302 shall allow a driver of a rental vehicle to pay an unpaid toll on the agencys internet website or by mail for at least five days from the date that the person drove over the vehicular crossing, toll highway, or high-occupancy toll lane, and shall not send an invoice for an unpaid toll to a rental car agency until the expiration of the five day period.SECTION 1.Section 1626 of the Civil Code is amended to read:1626.A contract in writing takes effect upon its delivery to the party in whose favor it is made, or to their agent. | |
| 52 | 51 | ||
| 53 | 52 | The people of the State of California do enact as follows: | |
| 54 | 53 | ||
| 55 | 54 | ## The people of the State of California do enact as follows: | |
| 56 | 55 | ||
| 57 | - | SECTION 1. Section 1939.18 is added to the Civil Code, to read:1939.18. The maximum charge a rental company shall impose on a renter for using a toll road or bridge without paying the required toll at the time of use is ____ dollars ($____), in addition to the actual cost of the tolls, per rental period. | |
| 56 | + | SECTION 1. Section 1939.18 is added to the Civil Code, to read:1939.18. The maximum charge a rental company shall impose on a renter for using a toll road or bridge without paying the required toll at the time of use is ____ dollars ($____), in addition to the actual cost of the tolls, per rental period. | |
| 58 | 57 | ||
| 59 | 58 | SECTION 1. Section 1939.18 is added to the Civil Code, to read: | |
| 60 | 59 | ||
| 61 | 60 | ### SECTION 1. | |
| 62 | 61 | ||
| 63 | - | 1939.18. The maximum charge a rental company shall impose on a renter for using a toll road or bridge without paying the required toll at the time of use is ____ dollars ($____), in addition to the actual cost of the tolls, per rental period. | |
| 62 | + | 1939.18. The maximum charge a rental company shall impose on a renter for using a toll road or bridge without paying the required toll at the time of use is ____ dollars ($____), in addition to the actual cost of the tolls, per rental period. | |
| 64 | 63 | ||
| 65 | - | 1939.18. The maximum charge a rental company shall impose on a renter for using a toll road or bridge without paying the required toll at the time of use is ____ dollars ($____), in addition to the actual cost of the tolls, per rental period. | |
| 64 | + | 1939.18. The maximum charge a rental company shall impose on a renter for using a toll road or bridge without paying the required toll at the time of use is ____ dollars ($____), in addition to the actual cost of the tolls, per rental period. | |
| 66 | 65 | ||
| 67 | - | 1939.18. The maximum charge a rental company shall impose on a renter for using a toll road or bridge without paying the required toll at the time of use is ____ dollars ($____), in addition to the actual cost of the tolls, per rental period. | |
| 66 | + | 1939.18. The maximum charge a rental company shall impose on a renter for using a toll road or bridge without paying the required toll at the time of use is ____ dollars ($____), in addition to the actual cost of the tolls, per rental period. | |
| 68 | 67 | ||
| 69 | 68 | ||
| 70 | 69 | ||
| 71 | - | 1939.18. The maximum charge a rental company shall impose on a renter for using a toll road or bridge without paying the required toll at the time of use is ____ dollars ($____), in addition to the actual cost of the tolls, per rental period. A rental company shall provide a written notice to its customers, separate from the rental contract, in 14-point type or larger, stating the amount a customer may be charged by the rental company if tolls are not paid by the customer and whether there are any methods to avoid those charges. If there are methods to avoid the charges, the notice shall include instructions as to how the customer can use those methods. The notice shall be given to the customer along with the rental contract or handed to the customer upon exiting the rental lot. | |
| 70 | + | 1939.18. The maximum charge a rental company shall impose on a renter for using a toll road or bridge without paying the required toll at the time of use is ____ dollars ($____), in addition to the actual cost of the tolls, per rental period. | |
| 71 | + | ||
| 72 | + | SEC. 2. Section 23306 is added to the Vehicle Code, immediately following Section 23303, to read:23306. An issuing agency that permits pay-by-plate toll payment as described in subdivision (e) of Section 23302 shall allow a driver of a rental vehicle to pay an unpaid toll on the agencys internet website or by mail for at least five days from the date that the person drove over the vehicular crossing, toll highway, or high-occupancy toll lane, and shall not send an invoice for an unpaid toll to a rental car agency until the expiration of the five day period. | |
| 73 | + | ||
| 74 | + | SEC. 2. Section 23306 is added to the Vehicle Code, immediately following Section 23303, to read: | |
| 75 | + | ||
| 76 | + | ### SEC. 2. | |
| 77 | + | ||
| 78 | + | 23306. An issuing agency that permits pay-by-plate toll payment as described in subdivision (e) of Section 23302 shall allow a driver of a rental vehicle to pay an unpaid toll on the agencys internet website or by mail for at least five days from the date that the person drove over the vehicular crossing, toll highway, or high-occupancy toll lane, and shall not send an invoice for an unpaid toll to a rental car agency until the expiration of the five day period. | |
| 79 | + | ||
| 80 | + | 23306. An issuing agency that permits pay-by-plate toll payment as described in subdivision (e) of Section 23302 shall allow a driver of a rental vehicle to pay an unpaid toll on the agencys internet website or by mail for at least five days from the date that the person drove over the vehicular crossing, toll highway, or high-occupancy toll lane, and shall not send an invoice for an unpaid toll to a rental car agency until the expiration of the five day period. | |
| 81 | + | ||
| 82 | + | 23306. An issuing agency that permits pay-by-plate toll payment as described in subdivision (e) of Section 23302 shall allow a driver of a rental vehicle to pay an unpaid toll on the agencys internet website or by mail for at least five days from the date that the person drove over the vehicular crossing, toll highway, or high-occupancy toll lane, and shall not send an invoice for an unpaid toll to a rental car agency until the expiration of the five day period. | |
| 83 | + | ||
| 84 | + | ||
| 85 | + | ||
| 86 | + | 23306. An issuing agency that permits pay-by-plate toll payment as described in subdivision (e) of Section 23302 shall allow a driver of a rental vehicle to pay an unpaid toll on the agencys internet website or by mail for at least five days from the date that the person drove over the vehicular crossing, toll highway, or high-occupancy toll lane, and shall not send an invoice for an unpaid toll to a rental car agency until the expiration of the five day period. | |
| 72 | 87 | ||
| 73 | 88 | ||
| 74 | 89 | ||
| 75 | 90 | ||
| 76 | 91 | ||
| 77 | - | ||
| 92 | + | A contract in writing takes effect upon its delivery to the party in whose favor it is made, or to their agent. |