Rental passenger vehicles: electronic surveillance technology: renter liability for loss due to theft.

Assembly Member Calderon's rental vehicle legislation modifies how California rental car companies may employ electronic surveillance technology and establishes new parameters for renter liability in theft cases. The bill permits rental companies to use geofence technology to detect when vehicles enter impound yards or cross international borders without authorization, while maintaining existing protections against general surveillance of renters' vehicle use.

The measure revises the legal presumption regarding renter liability for vehicle theft, applying the no-liability presumption when an authorized driver returns the ignition key and files a police report within 24 hours. Rental companies must provide 24-hour advance notice before activating any electronic surveillance technology on overdue vehicles, both by phone and electronically, unless the renter has not provided contact information. Companies must maintain detailed records of surveillance activation, including rental agreements and related communications, for 12 months and make these records available to renters upon request.

The legislation preserves rental companies' ability to equip vehicles with GPS navigation, remote locking capabilities, and roadside assistance features, provided this technology is not used to track renters or impose penalties. Companies may only collect basic vehicle data like departure and return times, mileage, and fuel levels. The bill requires rental agreements to include clear disclosures about potential surveillance technology use, which renters must acknowledge through initialing the agreement and receiving verbal notification when executing the contract in person or by phone.