BILL NUMBER: AB 970	CHAPTERED  08/31/01

	CHAPTER  213
	FILED WITH SECRETARY OF STATE  AUGUST 31, 2001
	APPROVED BY GOVERNOR  AUGUST 30, 2001
	PASSED THE ASSEMBLY  AUGUST 20, 2001
	PASSED THE SENATE  JULY 21, 2001
	AMENDED IN SENATE  JULY 16, 2001
	AMENDED IN SENATE  JUNE 25, 2001
	AMENDED IN SENATE  JUNE 12, 2001
	AMENDED IN ASSEMBLY  MARCH 27, 2001

INTRODUCED BY   Assembly Member Dutra

                        FEBRUARY 23, 2001

   An act to add Sections 18090.6 and 18090.7 to the Health and
Safety Code, relating to manufactured housing.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 970, Dutra.  Mobilehomes and manufactured housing.
   Existing law requires the Department of Housing and Community
Development to establish a permanent title record for each registered
manufactured home, mobilehome, commercial coach, truck camper, and
floating home and to issue a certificate of title and registration
card.  Existing law prescribes procedures for the transfer of title
or interest in, and the creation and satisfaction of security
interests in, a manufactured home, mobilehome, commercial coach,
truck camper, or floating home.
   This bill would authorize the department to electronically
transmit or receive specified certificates of title pursuant to these
provisions when the department determines that this is economically
and technologically feasible and the appropriate state control
agencies approve this determination.  The bill would also authorize
the department to establish electronic programs to facilitate
improved business practices between the department and qualified
private industry partners.  These programs may include, but are not
limited to, programs for the electronic processing of ownership and
title documents for manufactured homes, mobilehomes, commercial
coaches, truck campers, and floating homes, and the payment of
related fees.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 18090.6 is added to the Health and Safety Code,
to read:
   18090.6.  The department may, in lieu of delivery by first-class
mail, electronically transmit or receive, or both, a certificate of
title pursuant to this part when the department determines that the
electronic transmittal or receipt of a certificate of title is
economically and technologically feasible and the appropriate state
control agencies approve this determination.  In making the
determination that it is technologically feasible to electronically
transmit and receive a certificate of title, the department shall
ensure that the system for electronic transmittal and receipt is
reasonably safe and secure against fraud and intrusion by
unauthorized persons.
  SEC. 2.  Section 18090.7 is added to the Health and Safety Code, to
read:
   18090.7.  (a) In order to continue improving the quality of
products and services to its customers in the registration and
titling of personal property within its authority, the department,
pursuant to Article 4 (commencing with Section 19130) of Chapter 5 of
Part 2 of Division 5 of Title 2 of the Government Code, may
establish electronic programs to facilitate improved business
practices between the department and qualified private industry
partners.  The programs may include, but are not limited to, programs
for the electronic processing of ownership and title documents for
manufactured homes, mobilehomes, commercial coaches, truck campers,
and floating homes, and the payment of related fees.
   (b) The director may establish, by regulation, the maximum amount
of a fee that a qualified private industry partner may charge its
customers to provide the services authorized under subdivision (a).
   (c) The department may establish, by regulation, a transaction fee
that it may charge a qualified private industry partner to pay the
costs for the information and services that the department provides
to the partner in support of the processing and payment programs
authorized under subdivision (a).  The transaction fee may not exceed
the amount necessary to cover the costs incurred by the department
in carrying out this section and Section 18090.6.  The transaction
fee may be passed to the customer by the private industry partner,
but in no event shall the total charge to a customer exceed the
amount established by the director under subdivision (b).
   (d) As used in this section, "qualified private industry partner"
includes the following entities engaged in the business, or an
associated business, of the purchase, sale, or transfer of
manufactured homes, mobilehomes, commercial coaches, truck campers,
or floating homes:  financial institutions, electronic data
processing vendors, information technology contractors, and escrow
and title companies.