BILL NUMBER: AB 873CHAPTERED BILL TEXT CHAPTER 481 FILED WITH SECRETARY OF STATE OCTOBER 11, 2009 APPROVED BY GOVERNOR OCTOBER 11, 2009 PASSED THE SENATE JULY 16, 2009 PASSED THE ASSEMBLY AUGUST 20, 2009 AMENDED IN SENATE JUNE 18, 2009 AMENDED IN ASSEMBLY MAY 4, 2009 AMENDED IN ASSEMBLY MARCH 26, 2009 INTRODUCED BY Assembly Member Price (Principal coauthor: Assembly Member Anderson) FEBRUARY 26, 2009 An act to amend Section 4466 of the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGEST AB 873, Price. Vehicles: duplicate or substitute certificate of title or license plate. (1) Existing law prohibits the Department of Motor Vehicles from issuing a duplicate or substitute certificate of title or license plate if, after a search of the records of the department, the registered owner's address, as submitted on the application, is different from that which appears in the records of the department, unless the registered owner applies in person and presents additional specified documentation, that includes, among other things, a facsimile of specified documents if the facsimile matches the vehicle record of the department. This bill would authorize the use of a photocopy of those documents in lieu of a facsimile. (2) Under existing law, the prohibition described above does not apply under certain circumstances, including when an application for a duplicate or substitute certificate of title or license plate is submitted by a dealer. This bill would make that prohibition also inapplicable to an application for a duplicate or substitute certificate of title or license plate that is submitted by an agent of the dealer. (3) Under existing law, the prohibition described above does not apply under circumstances when the vehicle is registered under the International Registration Plan or under Permanent Fleet Registration, or the vehicle is an implement of husbandry. This bill would make the inapplicability of the above circumstances subject to the discretion of the department. It would also make the prohibition described above inapplicable, at the discretion of the department, when an application for a duplicate or substitute certificate of title or license plate is submitted by a licensed registration service representing specified persons or entities. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 4466 of the Vehicle Code is amended to read: 4466. (a) The department shall not issue a duplicate or substitute certificate of title or license plate if, after a search of the records of the department, the registered owner's address, as submitted on the application, is different from that which appears in the records of the department, unless the registered owner applies in person and presents all of the following: (1) Proof of ownership of the vehicle that is acceptable to the department. Proof of ownership may be the certificate of title, registration certificate, or registration renewal notice, or a facsimile or photocopy of any of those documents, if the facsimile or photocopy matches the vehicle record of the department. (2) A driver's license or identification card containing a picture of the licensee or cardholder issued to the registered owner by the department pursuant to Chapter 1 (commencing with Section 12500) of Division 6. The department shall conduct a search of its records to verify the authenticity of any document submitted under this paragraph. (A) If the registered owner is a resident of another state or country, the registered owner shall present a driver's license or identification card issued by that state or country. In addition, the registered owner shall provide photo documentation in the form of a valid passport, military identification card, identification card issued by a state or United States government agency, student identification card issued by a college or university, or identification card issued by a California-based employer. If a resident of another state is unable to present the required photo identification, the department shall verify the authenticity of the driver's license or identification card by contacting the state that issued the driver's license or identification card. (B) If the registered owner is not an individual, the person submitting the application shall submit the photo identification required pursuant to this paragraph, as well as documentation acceptable to the department that demonstrates that the person is employed by an officer of the registered owner. (3) If the application is for the purpose of replacing a license plate that was stolen, a copy of a police report identifying the plate as stolen. (4) If the application is for the purpose of replacing a certificate of title or license plate that was mutilated or destroyed, the remnants of the mutilated or destroyed document or plate. (5) If the department has a record of a prior issuance of a duplicate or substitute certificate of title or license plate for the vehicle within the past 90 days, a copy of a report from the Department of the California Highway Patrol verifying the vehicle identification number of the vehicle. (b) Subdivision (a) does not apply if any of the following apply: (1) The registered owner's name, address, and driver's license or identification card number submitted on the application match the name, address, and driver's license or identification card number contained in the department's records. (2) An application for a duplicate or substitute certificate of title or license plate is submitted by or through one of the following: (A) A legal owner, if the legal owner is not the same person as the registered owner or as the lessee under Section 4453.5. (B) A dealer or an agent of the dealer. (C) A dismantler. (D) An insurer or an agent of the insurer. (E) A salvage pool. (c) At the discretion of the department, subdivision (a) does not apply in any of the following circumstances: (1) An application for a duplicate or substitute certificate of title or license plate is submitted by a licensed registration service representing any of the following: (A) A person or entity listed in subparagraphs (A) to (E), inclusive, of paragraph (2) of subdivision (b). (B) A business entity recognized under the laws of this state or the laws of any foreign or domestic jurisdiction whose laws are in parity with the laws of this state. (C) A court-appointed bankruptcy referee. (D) A person who is an individual, is not included in subparagraphs (A) to (C), inclusive, and submits to the licensed registration service an application with a signature that is validated by a notary public. The licensed registration service shall maintain full and complete records of its transactions conducted pursuant to this subparagraph and shall make those records available for inspection by an investigator of the Department of Motor Vehicles, investigator of the Department of the California Highway Patrol, a city police department, a county sheriff's office, or a district attorney's office, if the investigator requests access to the record and the request is for the purpose of a criminal investigation. (2) The vehicle is registered under the International Registration Plan pursuant to Section 8052 or under the Permanent Fleet Registration program pursuant to Article 9.5 (commencing with Section 5301) of Chapter 1. (3) The vehicle is an implement of husbandry, as defined in Section 36000, or a tow dolly, or has been issued an identification plate under Section 5014 or 5014.1. (d) The department shall issue one or more license plates only to the registered owner or lessee. The department shall issue the certificate of title only to the legal owner, or if none, then to the registered owner, as shown on the department's records.