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SENATE BILL 46 (POLANCO – 2001)
CHAPTER 127, STATUTES OF 2001 - SB 46
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As enacted, Senate Bill 46 amended Civil Code sections 3071 and 3072 and affected Vehicle Code sections 2430.3, 2432, 21211, 22851, 1685 and 2425, relating to vehicles. (See Exhibit A, #1f) Senator Richard Polanco, as lead author, introduced Senate Bill 46 on December 8, 2000. (See Exhibit A, #1a) He carried this “omnibus” bill with the support and assistance of the Department of Motor Vehicles, the California Highway Patrol, and the California Tow Truck Association. (See Exhibit A, #13, page 4)
Senate Bill 46 was assigned to both the Senate and Assembly Committees on Transportation where policy issues raised by the bill were considered. (See Exhibit A, #3 and #7) The fiscal ramifications of the bill were considered by the Senate Committee on Appropriations and the Assembly Committee on Appropriations. (See Exhibit A, #4 and #9) Four amendments were made to Senate Bill 46. (See Exhibit A, #1b through #1e and #2) Subsequent to legislative approval, Governor Gray Davis signed Senate Bill 46 on July 30, 2001 and it was recorded by the Secretary of State on that day as Chapter 127 of the Statutes of 2001. (See Exhibit A, #1f)
A synopsis of the provisions of Senate Bill 46 and the background behind this legislation was set forth as follows in the Enrolled Bill Memorandum to the Governor:
This bill is an omnibus measure dealing with several issues related to tow trucks and other vehicles. This bill (1) authorizes the DMV to establish contractual relationships with private businesses (business partners) for processing vehicle registration and tiling transactions; (2) establishes a Tow Truck Advisory Committee and amends current laws pertaining to the operation of tow trucks; (3) establishes time and fee parameters for the retrieval of personal property from impounded vehicles, and (4) allows the persons who conducts a lien sale, rather than the lienholder, to remove and destroy a vehicle’s license plates and submit the required documentation to DMV. According to the author of this bill, the various provisions in this bill are the result of a collaborative effort involving DMV, CHP, and the California Tow Truck Association. According to these parties, any provision required the approval of all the participants in order to be included in the bill, and the author indicates that consideration of the provisions in the bill involved over 100 hours of discussion and deliberation. This bill is substantially similar to SB 969 of the 1999-2000 Legislative Session which was vetoed because of the Administration’s concerns that it would allow access by private businesses to confidential DMV information. This bill, however, specifically includes provisions that are intended to safeguard that information.
(See Exhibit A, #14, document PE-3)