BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 605


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          Date of Hearing:  May 6, 2015


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                                 Jimmy Gomez, Chair


          AB  
          605 (Gatto) - As Amended March 26, 2015


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          Urgency:  No  State Mandated Local Program:  YesReimbursable:   
          No


          SUMMARY:


          This bill prohibits an electronic filing charge, established by  
          the DMV and levied by a first-line service provider, from being  
          used for any purpose other than processing vehicle titling and  








                                                                     AB 605


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          registration transactions.


          FISCAL EFFECT:


          Negligible fiscal impact.


          COMMENTS:


          1)Background. At the time of retail sale, the vehicle dealer is  
            responsible for applying to DMV for the registration of a new  
            vehicle and the transfer of registration for a used vehicle.   
            SB 46 (Polanco)/Chapter 127, Statutes of 2001, established the  
            electronic vehicle registration (EVR) program, whereby motor  
            vehicle dealers may enter into contracts to act as DMV  
            business partners for vehicle registration and titling  
            purposes.  A business partner dealer communicates  
            electronically with DMV, either directly or through a  
            "first-line service provider", to register a vehicle it has  
            sold and then mails license plates, registration cards, and  
            registration stickers to the buyer. 


            AB 1215 (Blumenfield)/Chapter 329, Statutes of 2011,  
            implemented significant changes to the vehicle registration  
            process, including requiring new car dealers to participate in  
            the EVR program and authorizing dealers to charge an EVR fee  
            to customers that cover the cost of electronically processing  
            registration and titling documents. Current law and DMV  
            regulations have established the EVR fee at $29 per  
            transaction, and requires dealers to use EVR through a  
            first-line service provider.  


          2)Purpose. It has been reported that a number of first-line  
            service providers are attracting dealers away from their  








                                                                     AB 605


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            existing EVR agreements by incentivizing dealers to enter into  
            new EVR agreements by providing other services for free or at  
            a heavily discounted rate.  These additional services include  
            a dealer management systems, digital retailing services, or  
            website management.


            Industry stakeholders argue that this practice does not  
            reflect the original intent of the EVR requirement as enacted  
            under AB 1215, which was to only include the costs associated  
            with vehicle registration and the issuance of license plates.   
            The author indicates this bill aims to "clarify that the  
            charge being paid by consumers for electronically filing title  
            and registration documents with the DMV does not include costs  
            associated with services unrelated to EVR."


          Analysis Prepared by:Chuck Nicol / APPR. / (916)  
          319-2081