BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 605


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          CONCURRENCE IN SENATE AMENDMENTS


          AB  
          605 (Gatto)


          As Amended  June 16, 2015


          Majority vote


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          Original Committee Reference:  TRANS.


          SUMMARY:  Prohibits an electronic filing charge levied by a  
          first-line service provider from being used for any other  
          purpose than processing vehicle titling and registration  
          information, as specified.


          The Senate amendments: 


          1)Clarify that the electronic filing charge is prohibited from  
            being used to pay for any fees, goods, or services not  
            directly related to electronic vehicle registration, as  
            specified. 


          2)Provide that the provisions specified in this bill do not  
            prohibit a first-line service provider from entering into  
            contracts with dealers for other products and services, as  








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            specified.   


          EXISTING LAW:  


          1)Creates the Business Partner Automation (BPA) Program which  
            allows the Department of Motor Vehicles (DMV) to enter into  
            contracts to establish electronic programs to be used by  
            private industry partners for purposes of processing vehicle  
            titling and registration transactions, as specified.  


          2)Identifies three categories of private industry partners  
            within BPA and specifies the roles and responsibilities of  
            each category of BPA partner. 


          3)Requires DMV to adopt regulations and procedures to monitor  
            and provide oversight over BPA partners and the proper use of  
            vehicle records.


          4)Allows a dealer to charge the purchaser or lessee of a vehicle  
            an electronic filing charge to cover processing fees by a BPA  
            partner, as specified.  Authorizes the Director of the DMV  
            through regulations to establish the maximum amount a BPA  
            partner may charge a dealer.


          FISCAL EFFECT:  According to the Senate Appropriations  
          Committee, minor and absorbable costs to the DMV for enforcement  
          activities related to improper electronic filing charges.   
          (Motor Vehicle Account)


          Any costs related to DMV investigations and audits are fully  
          recoverable.


          COMMENTS:  At the time of retail sale, the vehicle dealer is  
          responsible for applying to DMV for the registration of a new  








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          vehicle and the transfer of registration for a used vehicle.  In  
          2001, under SB 46 (Polanco), Chapter 127, Statutes of 2001, DMV  
          established the electronic vehicle registration (EVR) program  
          where motor vehicle dealers may enter into contracts to act as  
          DMV business partners for vehicle registration and titling  
          purposes.  A business partner either directly, or through a  
          "first-line service provider," communicates electronically with  
          DMV 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, now requiring new car dealers to participate  
          in the EVR program, reducing the period a vehicle may operate  
          with a report-of-sale notice to 90 days, and requiring license  
          plates to be attached upon receipt by the registered owner.   
          Under this process, a dealer uses a software program developed  
          by a first-line service provider to electronically process and  
          transfer the vehicle's title and registration information to  
          DMV.  Once all the necessary documentation is in order, the  
          first-line service provider then issues permanent license plates  
          to the registered owner.  AB 1215 also authorized dealers to  
          charge an EVR fee to customers that cover the cost of  
          electronically processing registration and titling documents. 


          The author introduced this bill in attempt to resolve an  
          unintentional consequence that has resulted from the enactment  
          of AB 1215.  Existing law and regulations have established the  
          EVR fee at a fixed $29 per EVR transaction and requires dealers  
          to use EVR through a first-line service provider.  However, it  
          has been reported that a number of first-line service providers  
          are attracting dealers away from their 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 dealer management  
          systems, digital retailing services, or Web site 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  








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          registration and the issuance of license plates.  Thus, the  
          author notes that 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:                                             
                          Manny Leon / TRANS. / (916) 319-2093  FN:  
          0001156