BILL NUMBER: SB 871 CHAPTERED 08/30/04 CHAPTER 336 FILED WITH SECRETARY OF STATE AUGUST 30, 2004 APPROVED BY GOVERNOR AUGUST 27, 2004 PASSED THE SENATE AUGUST 10, 2004 PASSED THE ASSEMBLY MAY 20, 2004 AMENDED IN ASSEMBLY MAY 10, 2004 AMENDED IN ASSEMBLY APRIL 1, 2004 AMENDED IN ASSEMBLY FEBRUARY 9, 2004 AMENDED IN ASSEMBLY SEPTEMBER 9, 2003 AMENDED IN SENATE APRIL 30, 2003 AMENDED IN SENATE APRIL 22, 2003 INTRODUCED BY Senator Torlakson FEBRUARY 21, 2003 An act to add Section 1810.3 to the Vehicle Code, relating to vehicles, and declaring the urgency thereof to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST SB 871, Torlakson. Vehicles: accident reports. (1) Existing law authorizes the Department of Motor Vehicles to establish commercial requester accounts for individuals or organizations for the purpose of obtaining information from the department's files, except as specified. Existing law requires certain motor vehicle traffic accident reports to be submitted to the department and the Department of the California Highway Patrol by law enforcement agencies, and prohibits the release of the information in those reports except to certain state and local governmental agencies and certain, listed interested persons. This bill would authorize the Department of Motor Vehicles, using the information in those law enforcement agency accident reports, to make the license plate number and the accident report number available to a person who has established a commercial requester account and enters into a specified agreement with the department. The bill would require the agreement to stipulate that the information provided may not be used for the purpose of identifying or contacting any person and may only be used to identify a vehicle that has been reported to be in a traffic accident. The bill would authorize the law enforcement agency accident report number and license plate number to be used only for the internal verification purposes of the business that receives the information and would prohibit that information from being disclosed to any party other than the department or the Department of the California Highway Patrol. The bill would make the use of the information in violation of the elements of the stipulation a violation of related criminal and civil remedy provisions of existing law. The bill thereby would establish a state-mandated local program by expanding the scope of a crime. (2) 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. (3) This bill would declare that it is to take effect immediately as an urgency statute. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 1810.3 is added to the Vehicle Code, to read: 1810.3. (a) Using the information made available in the accident reports provided to the department by law enforcement agencies under Section 20012, the department may provide information consisting of the following, for each vehicle that is included in those reports: (1) The license plate number. (2) The accident report number. (b) Notwithstanding Section 16005, 20012, or 20014, or any other provision of law, the department may make the information available to a person who has done both of the following: (1) Established a commercial requester account under Section 1810.2. (2) Entered into an agreement described under subdivision (c). (c) The department shall not provide information under this section unless the person requesting the information has entered into an agreement with the department that includes the following stipulations: (1) The information provided may not be used for the purpose of identifying or contacting any person or for any other purpose, except as specified in paragraph (2). (2) The information may be used only to identify a vehicle that has been reported to be in a traffic accident. (3) The law enforcement agency accident report number and license plate number provided under this section shall be used only for the internal verification purposes of the business that receives the information and may not be disclosed to any party other than the department or the Department of the California Highway Patrol. (4) The requester agrees to investigate and promptly correct any error that is brought to its attention. (d) Use of the information provided under this section in violation of paragraph (1), (2), or (3) of subdivision (c) is a violation of Sections 1808.45 and 1808.46. SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order that information as to the identity of a vehicle that has been provided to the Department of Motor Vehicles by law enforcement agencies as being involved in a traffic accident may be made available at the earliest possible time, thereby protecting consumers, it is necessary that this act take effect immediately.