Bill Text: CA AB1291 | 2011-2012 | Regular Session | Amended
Bill Title: Vehicles: existing and emerging technologies.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2012-02-01 - Died pursuant to Art. IV, Sec. 10(c) of the Constitution. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1291 Detail]
Download: California-2011-AB1291-Amended.html
BILL NUMBER: AB 1291 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 18, 2011
AMENDED IN ASSEMBLY MARCH 24, 2011
INTRODUCED BY Assembly Member Davis
( Coauthors: Assembly Members
Fong and Ma )
FEBRUARY 18, 2011
An act to amend Section 1685 of the Vehicle Code, relating to
vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 1291, as amended, Davis. Vehicles: existing and emerging
technologies.
Existing law authorizes the Department of Motor Vehicles, in order
to continue improving the quality of products and services it
provides to its customers, to establish contracts for electronic
programs that allow qualified private industry partners to join the
department in providing services that include processing and payment
programs for vehicle registration and titling transactions.
This bill would additionally authorize the department to pursue
the use and development of existing or emerging technologies,
including technological applications that impact traffic safety or
law enforcement procedures developed and evaluated in conjunction
with the Department of the California Highway Patrol, for the purpose
of maximizing the efficient delivery of vehicle registration
services and achieving cost savings for business partners, service
providers, or other customer groups as determined by the department.
The bill would also require the department to follow the procurement
procedures adopted by the Department of General Services as set forth
in the State Contracting Manual for contracts entered into pursuant
to these provisions , including the use of a specified
solutions-based procurement, and would authorize the department
to use a savings-based compensation model .
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares that California has
28 million registered vehicles, and managing the registration of
those vehicles presents certain fixed costs for the Department of
Motor Vehicles. The use of technology may present opportunities for
the department to reduce the costs to carry out the duties of vehicle
registration administration both internally and with respect to
communications with vehicle owners.
SEC. 2. Section 1685 of the Vehicle Code is amended to read:
1685. (a) In order to continue improving the quality of products
and services it provides to its customers, the department, in
conformance with Article 4 (commencing with Section 19130) of Chapter
5 of Part 2 of Division 5 of Title 2 of the Government Code, may
establish contracts for electronic programs that allow qualified
private industry partners to join the department in providing
services that include processing and payment programs for vehicle
registration and titling transactions.
(b) (1) The department may enter into contractual agreements with
qualified private industry partners. There are the following three
types of private industry partnerships authorized under this section:
(A) First-line business partner is an industry partner that
receives data directly from the department and uses it to complete
registration and titling activities for that partner's own business
purposes.
(B) First-line service provider is an industry partner that
receives information from the department and then transmits it to
another authorized industry partner.
(C) Second-line business partner is a partner that receives
information from a first-line service provider.
(2) The private industry partner contractual agreements shall
include the following minimum requirements:
(A) Filing of an application and payment of an application fee, as
established by the department.
(B) Submission of information, including, but not limited to,
fingerprints and personal history statements, focusing on and
concerning the applicant's character, honesty, integrity, and
reputation as the department may consider necessary.
(C) Posting a bond in an amount consistent with Section 1815.
(3) The department shall, through regulations, establish any
additional requirements for the purpose of safeguarding privacy and
protecting the information authorized for release under this section.
(c) The director may establish, through the adoption of
regulations, the maximum amount that a qualified private industry
partner may charge its customers in providing the services authorized
under subdivision (a).
(d) The department shall charge a three-dollar ($3) transaction
fee for the information and services provided under subdivision (a).
The private industry partner may pass the transaction fee to the
customer, but the total charge to a customer may not exceed the
amount established by the director under subdivision (c).
(e) All fees collected by the department pursuant to subdivision
(d) shall be deposited in the Motor Vehicle Account. On January 1 of
each year, the department shall adjust the fee in accordance with the
California Consumer Price Index. The amount of the fee shall be
rounded to the nearest whole dollar, with amounts equal to, or
greater than, fifty cents ($0.50) rounded to the next highest whole
dollar.
(f) The department shall adopt regulations and procedures that
ensure adequate oversight and monitoring of qualified private
industry partners to protect vehicle owners from the improper use of
vehicle records. These regulations and procedures shall include
provisions for qualified private industry partners to periodically
submit records to the department, and the department shall review
those records as necessary. The regulations shall also include
provisions for the dedication of department resources to program
monitoring and oversight; the protection of confidential records in
the department's files and databases; and the duration and nature of
the contracts with qualified private industry partners.
(g) The department may pursue the use and development of existing
or emerging technologies for the purpose of maximizing the efficient
delivery of vehicle registration services and achieving cost savings
for business partners, service providers, or other customer groups as
determined by the department.
(1) "Existing and emerging technologies" may include technologies
that are in development or commercially available for administrative,
on-road, or vehicle applications that improve or create efficiencies
in departmental administrative processes.
(2) Technological applications that impact traffic safety or law
enforcement procedures shall be developed and evaluated in
conjunction with the Department of the California Highway Patrol.
For purposes of this subdivision, the department shall utilize a
solutions-based procurement and may use a savings-based compensation
model. The solutions-based procurement shall include a requirement
that the vendor pay for the costs of all activities identified in
this subdivision and any additional related costs identified by the
department.
(h) The department shall follow the procurement procedures adopted
by the Department of General Services as set forth in the State
Contracting Manual for contracts entered into pursuant to this
section.
(i) The department shall, annually, by October 1, provide a report
to the Legislature that shall include all of the following
information gathered during the fiscal year immediately preceding the
report date:
(1) Listing of all qualified private industry partners, including
names and business addresses.
(2) Volume of transactions, by type, completed by business
partners.
(3) Total amount of funds, by transaction type, collected by
business partners.
(4) Total amount of funds received by the department.
(5) Description of any fraudulent activities identified by the
department.
(6) Descriptions of technology solutions in use or under
development, the amount of any funds expended by the department, and
the outcome of any evaluation or implementation conducted for
purposes of this subdivision.
(7) Evaluation of the benefits of the program.
(8) Recommendations for any administrative or statutory changes
that may be needed to improve the program.
(j) This section does not impair or limit the authority provided
in Section 4610 or Section 12155 of the Insurance Code.
