BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2167


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          CONCURRENCE IN SENATE AMENDMENTS


          AB  
          2167 (Achadjian)


          As Amended  June 21, 2016


          Majority vote


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          |ASSEMBLY:  |80-0  |(June 1, 2016) |SENATE: | 37-0 |(August 11,      |
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          Original Committee Reference:  TRANS.


          SUMMARY:  Clarifies that businesses taking possession of a towed  
          vehicle must obtain specific information regarding the vehicle  
          and the tow by the next business day, rather than the next day;  
          provides that a business has the option of obtaining alternative  
          forms of a tow truck driver's identification in addition to a  
          driver's license number, to include the driver's identification  
          number issued by an auto club or other government  
          authorized-unique identifier.


          The Senate amendments: 


          1)Protect new motor vehicle dealers from tow truck operators  
            that refuse to provide the required contact information by  
            specifically providing that the dealer is deemed compliant  
            with the data recordation requirements if it documents the  
            reasonable efforts made to obtain the information.








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          2)Set forth slightly different procedures that businesses must  
            follow to record the required data depending on whether the  
            tow is dropped off during regular business hours or  
            non-business hours.  


          3)Make other technical amendments.


          EXISTING LAW:  Requires a business taking possession of a  
          vehicle from a tow truck to document:


          1)The name, address, and telephone number of the tow company; 
          2)The name and driver's license of the tow truck operator; 


          3)The make, model, and license plate or vehicle identification  
            number; and, 


          4)The date and time that possession was taken of the vehicle.  


          If the vehicle was dropped off after hours, the business is  
          required to obtain the information from the towing company the  
          next day.


          FISCAL EFFECT:  Unknown.  This bill is keyed non-fiscal by the  
          Legislative Counsel.


          COMMENTS:  The author introduced this bill to address  
          implementation issues regarding requirements imposed upon  
          businesses when taking possession of a vehicle from a tow truck  
          driver.  Specifically, existing law, as enacted by AB 1222  
          (Bloom), Chapter 309, Statutes of 2015, requires a business to  
          obtain the specified information from the towing company the  
          next day after the vehicle was dropped off after hours.   








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          However, not all businesses accepting tows are open seven days a  
          week, thus making a business out of compliance for not  
          contacting the towing company the next day.  This bill addresses  
          this problem by allowing the business to obtain the information  
          the next business day.  


          Furthermore, this bill provides for businesses receiving tows to  
          collect alternative forms of a tow truck driver's  
          identification, in response to privacy concerns that have arisen  
          with having to provide personal information associated with a  
          driver's license.  Alternative forms provided for in this bill  
          include identification numbers issued, for example, by local  
          government and auto clubs.  


          AB 1222 was introduced and signed into law last year in response  
          to concerns involving bandit tow truck operators.  Among other  
          provisions, AB 1222 requires a business taking possession of a  
          vehicle from a tow truck to make written information available  
          to law enforcement or the Bureau of Automotive Repair within 48  
          hours of a request, and to maintain this information for three  
          years.  A business that willfully violates this provision is  
          guilty of a misdemeanor, punishable by a maximum fine of $2,500,  
          a maximum of three months in county jail, or both.  


          This bill is sponsored by the California New Car Dealer  
          Association (CNCDA).  Apparently, new car dealers are concerned  
          about willfully violating provisions of AB 1222 when they close  
          their service departments on Sundays and do not check for  
          overnight tows until the following business day.  For this  
          reason, CNCDA is seeking an amendment to modify the requirement  
          to obtain the information to the next business day, not the next  
          day.  Furthermore, enabling a tow truck operator to offer  
          alternative forms of identification will address concerns for  
          privacy without jeopardizing the integrity of the paper trail  
          established in AB 1222.


          Analysis Prepared by:                                             
                          Janet Dawson / TRANS. / (916) 319-2093  FN:  








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