BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 869
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          Date of Hearing:   January 9, 2012

                        ASSEMBLY COMMITTEE ON TRANSPORTATION
                               Bonnie Lowenthal, Chair
                    AB 869 (Davis) - As Amended:  January 4, 2012
           
          SUBJECT  :  Vehicle registration periods

           SUMMARY  :  Allows the Department of Motor Vehicles (DMV) to 
          establish multiyear registration periods for motor vehicles.  
          Specifically,  this bill  :  

          1)Allows DMV to establish multiyear periods, as it determines to 
            be appropriate, for the registration of motor vehicles.  

          2)Allows registration renewals to be issued for multiyear 
            periods.  

          3)Specifies that this authorization also applies to the 
            registration of fleet vehicles.  

           EXISTING LAW  : 

          1)Authorizes DMV to assign or reassign dates for the expiration 
            of registration for a vehicle registered pursuant to the 
            Vehicle Code.   

          2)Allows DMV to establish a registration year for any vehicle 
            consisting of any period from seven months to 18 months, 
            inclusive, with subsequent renewals being required at yearly 
            intervals thereafter.  

           FISCAL EFFECT  :  Unknown

           COMMENTS  :  According to the author, while the Vehicle Code 
          provides for vehicle registration periods of anywhere from 7 
          months to 18 months, no period beyond that is allowed.  He 
          contends, in the instance of fleet owners, "Some companies, for 
          administrative convenience or greater flexibility in managing 
          assets and liabilities, may benefit from the ability to pay for 
          and secure longer vehicle registration periods."   Supporters 
          agree, writing that the bill "would streamline the process of 
          licensing for vehicles often owned in fleets by California 
          businesses, lowering the cost of doing business in the state."









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          While seemingly simple, this bill raises a number of operational 
          challenges.  Under existing one-year registration terms, if a 
          vehicle is transferred, damaged beyond repair, or moved out of 
          the state, the registration is terminated and the vehicle owner 
          essentially "eats" the cost of a remaining term that is 
          necessarily something less than 12 months.  A multiyear 
          registration period would naturally subject the owner to the 
          risk of losing a substantial investment in registration fees 
          should the registration terminate prematurely.  Absent a new 
          requirement for DMV to make prorated refunds for unused 
          registration periods (a significant problem in its own right), 
          this feature could make multiyear registration quite 
          unattractive.  

          Although this bill appears to be intended to benefit fleet 
          owners, it could potentially - at DMV's discretion - apply to 
          all classes of vehicle ownership.  If DMV in fact felt compelled 
          to offer this option universally, it would be put in a position 
          of administering multiple programs for registration fee 
          collection.  Besides the ongoing costs and complications of such 
          an exercise under DMV's improving, but still comparatively 
          archaic, information technology system, there could be 
          significant upfront programming costs in order to benefit of 
          what is likely to be a comparatively small population of owners. 
           

          Additionally, a multi-year registration program would need to 
          include a mechanism to account for any fee increases that might 
          be enacted within the registration term.  Otherwise owners who 
          prepay for multiyear registrations would essentially be granted 
          a "free ride," which would leave the full burden of fee 
          increases on those who chose single year registration.  To avoid 
          this outcome, DMV would have to administer - again, at some 
          expense to the Department - a process to apply and collect 
          retroactive fee increases on multiyear registrants.  
          Alternatively, as the author suggests, DMV might add a charge to 
          a vehicle's future registration to make up for the lost fee 
          increase from the already-paid current registration (assuming 
          the vehicle is in fact re-registered).  

          Finally, there would be complications for the biennial Smog 
          Check program, which is administered in conjunction with vehicle 
          registration process.  Unless registration periods are 
          synchronized with Smog Check intervals, the state would lose its 
          leverage in requiring adherence to emission control requirements 








                                                                  AB 869
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          as a prerequisite for renewing vehicle registrations.  

           Suggested Committee amendments  :  In order to mitigate some of 
          the administrative burdens the bill may present for DMV, the 
          author may wish to exclude individually-owned vehicles and limit 
          the bill's application to those fleet vehicles that are in 
          substantial-sized fleets (perhaps those with 25 or more 
          vehicles).  

          Also, DMV believes there are at least 14 Health and Safety Code 
          Sections, nine Revenue and Taxation Code Sections, and 35 
          Vehicle Code sections that would require amendment in order to 
          allow multi-year registration.  Penalty fee structures would 
          also need adjustment.  

           REGISTERED SUPPORT / OPPOSITION  :  

           Support 
           
          California Manufacturers and Technology Association

           Opposition 
           
          None on file
           

          Analysis Prepared by  :    Howard Posner / TRANS. / (916) 319-2093