BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 647
                                                                  Page  1

          Date of Hearing:   May 6, 2009

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Kevin De Leon, Chair

                    AB 647 (Yamada) - As Amended:  April 22, 2009 

          Policy Committee:                               
          TransportationVote:14-0

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              

           SUMMARY  

          This bill states the intent of the Legislature that the DMV  
          fully comply with the federal Anti Car Theft Act of 1992, and  
          that any contracts entered into by the department to provide  
          information from the National Motor Vehicle Title Information  
          System (NMVTIS) include consumer access.

           FISCAL EFFECT  

          No new costs to DMV, as the intent of the bill is consistent  
          with just released federal regulations and departmental  
          policies.

           COMMENTS  

           Rationale  . The federal Anti-Car Theft Act (the Act) of 1992  
          directed the U.S. Department of Transportation to establish a  
          national information system enabling states and others to access  
          automobile titling information.  Although the Act was enacted  
          nearly 20 years ago, the federal Department of Justice (DOJ) has  
          only recently issued regulations governing implementation of  
          NMVTIS by states.  Among other things, these regulations allow  
          titling information to be provided to consumers.

          Prior to the issuance of the final federal rulings on January  
          30, 2009, DMV entered into a contract with a third-party  
          provider, R.L. Polk & Company (Polk), to translate and  
          consolidate data maintained by California to the format required  
          by AAMVA and then provide that data to NMVTIS. The contract to  
          provide this data concludes in April 2010. The current contract  
          contains a clause that prohibits release of titling information  








                                                                  AB 647
                                                                  Page  2

          to consumers. DMV states it has no objection, in theory, to  
          removing restrictions to access. However, it contends that it  
          entered into its contract with Polk prior to final regulations  
          being promulgated by DOJ and, as a result, is bound by the terms  
          of that contract, rather than the subsequent regulations.

          The bill is intended to ensure that any new contract entered  
          into between DMV and a third party provider is consistent with  
          federal regulations providing for consumer access to the titling  
          data.
           
           Analysis Prepared by  :    Brad Williams / APPR. / (916) 319-2081