BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 3
                                                                  Page  1

          Date of Hearing:   May 11, 2011

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                     AB 3 (Miller) - As Amended:  April 14, 2011 

          Policy Committee:                              
          TransportationVote:14-0

          Urgency:     No                   State Mandated Local Program: 
          No     Reimbursable:              No

           SUMMARY  

          This bill requires the Department of Motor Vehicles (DMV) to 
          provide notice of outstanding toll evasion violations to 
          individuals who have requested a confidential home address.  
          Specifically, this bill:

          1)Requires DMV to provide notice of outstanding toll evasion 
            violations to an individual who has requested a confidential 
            home address from DMV and authorizes the department to collect 
            a fee from such an individual to cover administrative costs.

          2)Suspends the statutory time period for collection of the toll 
            evasion violation and tolling charges until the vehicle owner 
            receives notice of the violation from DMV.

          3)Requires the notice to meet existing legal standards for such 
            notices.

          4)Directs DMV to refuse to renew the registration of a vehicle 
            if the agency responsible for processing a violation has filed 
            or electronically transmitted to DMV an itemized notice of the 
            unpaid toll evasion violation, DMV has mailed notice to the 
            vehicle owner and the vehicle owner has not paid the penalty.

           FISCAL EFFECT  

          1)According to DMV, its automated vehicle registration notice 
            system would need significant modification, entailing millions 
            of dollars, to be capable of serving as the legal notice of 
            outstanding toll evasion violation, which DMV describes this 
            as cost-ineffective. (Motor Vehicle Account.)








                                                                  AB 3
                                                                  Page  2


          2)Potential increased revenue to local governments of an unknown 
            amount, but possibly in the millions of dollars annually, 
            resulting from an increased ability to collect unpaid toll 
            violations or from a reduction in toll violations.  While this 
            revenue to local governments may be greater than the costs to 
            DMV to modify its automated vehicle registration notice 
            system, the revenue would accrue locally while the costs would 
            fall on the state agency. 

           COMMENTS  

           1)Rationale  .  According to the author, this bill will allow 
            local governments to collect millions of dollars in unpaid 
            fines for toll evasion violations.  An investigation by the 
            Orange County Register in 2008 revealed thousands of unpaid 
            violations and tolls accrued by peace officers and other 
            individuals whose DMV records subject to enhanced 
            confidentiality.  Such confidentiality of DMV records makes it 
            prohibitively difficult for toll operators to obtain the 
            address of certain toll evaders.  As a result, the toll 
            operators cannot notify the violators of their unpaid fines 
            and, as a result, the toll agencies are unable to collect the 
            fines.  These unpaid tolls and fines cost agencies in Orange 
            County over $5 million over the prior five years.  

           2)Background  .  

              a)   All DMV Records Confidential, but Some Records More 
               Confidential Than Others.   Until 1989, DMV records were 
               generally considered public records and any person who had 
               a legitimate reason to seek a home address of a particular 
               person in the DMV files could obtain it simply by producing 
               the relevant driver's license number or a license plate 
               number.  In 1986, legislation was enacted creating a list 
               of public officials whose home addresses were to be kept 
               confidential by the DMV. Under this legislation, the home 
               addresses of peace officers and others on the statutory 
               list may only be disclosed to a court, a law enforcement 
               agency, the BOE, or any governmental agency legally 
               required to be furnished that information. As a matter of 
               practice, DMV records for these individuals only show the 
               individual's employer's name (and no address). Home 
               addresses may be retrieved only through a time consuming 
               manual process. Over the years, the number of groups 








                                                                  AB 3
                                                                  Page  3

               covered by the enhanced confidentiality statutes has 
               increased, to the point where about 1.5 million persons are 
               currently covered.

             b)   In response to a stalking and murder case, the 
               Legislature passed AB 1779 (Roos), Chapter 1213, Statutes 
               of 1989, which made confidential the home addresses of all 
               individuals with records at the DMV.  The level of 
               confidentiality is similar to that enjoyed by public 
               officials protected by the 1986 legislation, except that 
               disclosures may also be made, in limited circumstances, to 
               financial institutions, insurance companies, attorneys, 
               vehicle manufacturers, and persons doing statistical 
               research.

              c)   Toll Road Operator Unable To Collect Fines.   In keeping 
               with current law, DMV does not provide road agencies with 
               the home addresses of individuals whose records are subject 
               to enhanced confidentiality.  As a result, toll road 
               operators oftentimes unable to collect fines for toll 
               evasion committed by such individuals. 

           3)Other Related Legislation.   AB 996 (Spitzer) of 2008 would 
            have addressed this situation by allowing toll and parking 
            enforcement agencies access to records of those covered by the 
            special confidentiality statutes. That measure was vetoed. 

           4)Support  .  This bill is supported by the Bay Area Toll 
            Authority, Metropolitan Transportation Commission, the 
            Automobile Club of California, the Automobile Club of Southern 
            California and others.

           5)There is no registered opposition to this bill.  

           Analysis Prepared by :    Jay Dickenson / APPR. / (916) 319-2081