BILL ANALYSIS
SENATE TRANSPORTATION & HOUSING COMMITTEE BILL NO: AB 873
SENATOR ALAN LOWENTHAL, CHAIRMAN AUTHOR: Price
VERSION: 5/4/09
Analysis by: Carrie Cornwell FISCAL: yes
Hearing date: June 16, 2009
SUBJECT:
Duplicate or substitute license plates and certificates of title
DESCRIPTION:
This bill allows a registration service to apply for a duplicate
or substitute certificate of title or license plate in cases
where the address of the applicant for the replacement title or
plate does not match the address in state records.
ANALYSIS:
Existing law defines a "registration service" as a person
engaged in the business of soliciting or receiving and
submitting to the Department of Motor Vehicles (DMV) an
application for the registration, renewal of registration, or
transfer of registration or ownership of a vehicle. To operate
in this state, a registration service must secure a license from
DMV by filing an application demonstrating to DMV's satisfaction
the applicant's character, honesty, integrity, and reputation
and by posting a surety bond of $25,000. As an example, the
automobile clubs, such as AAA, provide registration services for
their members.
Existing law prohibits the DMV from issuing a duplicate or
substitute vehicle license plate or certificate of title if the
registered owner's address in DMV's records is different from
the address on the application for the new title or plate. When
those addresses do not match, DMV can issue a duplicate
certificate of title or a new license plate only if the
registered owner applies in person and presents proof of
ownership of the vehicle that is acceptable to DMV plus a
driver's license with a photograph of the registered owner.
AB 873 (PRICE) Page 2
Existing law exempts from the above requirements an application
for a duplicate or substitute license plate or certificate of
title if it comes from or through a vehicle dealer, a vehicle
dismantler, an insurer, a salvage pool, or a legal owner who is
not the registered owner (typically a bank).
This bill also exempts, at DMV's discretion, an individual,
business entity, court-appointed bankruptcy referee, dealer,
dismantler, insurer, salvage pool, or legal owner who is
represented by a licensed registration service from the above
requirements when filing an application for a duplicate or
substitute certificate of title or license plate where the
registered owner's address on the application does not match the
address in DMV's records.
The bill requires that the registration service accept an
application from an individual only with a notarized signature.
The bill also requires that the registration service keep full
and complete records of its transactions with these individuals
and make them available for inspection by law enforcement.
COMMENTS:
1.Purpose . This bill restores statutory provisions that AB 2606
(Plescia), Chapter 430, Statutes of 2004, enacted, but which
expired on January 1, 2008. According to the sponsor, the
Coalition of Vehicle Registration Services, previous law
proved successful over the three-year period in which it was
in place. DMV concurs that there were no problems during that
three-year period with having registration services submit
applications to replace lost, stolen, or destroyed license
plates and certificates of title where the registered owner's
address on the application and in DMV's records did not match.
2.Technical amendment . On page 4, delete line 4, and insert "(A)
A person"
Assembly Votes:
Floor: 78 - 0
Appr: 16 - 0
Trans: 14 - 0
POSITIONS: (Communicated to the Committee before noon on
Wednesday,
June 10, 2009)
AB 873 (PRICE) Page 3
SUPPORT: Coalition of Vehicle Registration Services
(sponsor)
OPPOSED: None received.