Bill Text: CA AB2151 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Insurance: public safety employees: accidents.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2010-09-30 - Vetoed by Governor. [AB2151 Detail]

Download: California-2009-AB2151-Amended.html

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BILL NUMBER: AB 2151	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 21, 2010
	AMENDED IN ASSEMBLY  MARCH 24, 2010

INTRODUCED BY   Assembly Member Torres

                        FEBRUARY 18, 2010

   An act to amend  Section   Sections 488.5 and
 557.5 of the Insurance Code, and to amend Section 16051 of the
Vehicle Code, relating to insurance.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2151, as amended, Torres. Insurance: public safety employees:
accidents. 
   Existing law provides that no insurer shall, in issuing or
renewing a private automobile insurance policy to a peace officer,
member of the California Highway Patrol, or firefighter, with respect
to his or her operation of a private motor vehicle, increase the
premium on that policy for the reason that the insured or applicant
for insurance has been involved in an accident while operating an
authorized emergency vehicle, as defined, in the performance of his
or her duty during the hours of his or her employment.  
   This bill would also provide that no insurer shall, in issuing or
renewing a private automobile insurance policy to a peace officer,
member of the California Highway Patrol, or firefighter, with respect
to his or her operation of a private motor vehicle, increase the
premium on that policy for the reason that the insured or applicant
for insurance has been involved in an accident while operating a
private vehicle in the performance of his or her duty at the request
or direction of the employer. 
   Existing law provides that a peace officer, member of the
Department of the California Highway Patrol, or firefighter shall not
be required to report any accident in which he or she is involved
while operating any employer-leased or employer-rented vehicle, in
the performance of his or her duty during the hours of his or her
employment, to any person who has issued that peace officer, member
of the Department of the California Highway Patrol, or firefighter a
private automobile insurance policy.
   This bill would additionally provide that a peace officer, member
of the Department of the California Highway Patrol, or firefighter
shall not be required to report, and the employer of the same may not
require or request that a peace officer, member of the Department of
the California Highway Patrol, or firefighter report, any accident
in which he or she is involved while operating  his or her
  a  private vehicle at the request or direction of
his or her employer in the performance of  his or her
  the employee's duty to any person who has issued
that peace officer, member of the Department of the California
Highway Patrol, or firefighter a private automobile insurance policy.
 The bill would also provide that any private automobile
insurance policy or any other private insurance policy covering the
employee shall not be required to provide defense or indemnification
for an accident involving a peace officer, member of the Department
of the California Highway Patrol, or firefighter operating a private
vehicle in the performance of his or her duty at the request or
direction of his or her employer.  The bill would make
conforming changes relating to proof of financial responsibility, in
the event of an accident involving a vehicle operated on behalf of a
public agency.
   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.    Section 488.5 of the  
Insurance Code   is amended to read: 
   488.5.  (a) No insurer shall, in issuing or renewing a private
automobile insurance policy to a peace officer, member of the
California Highway Patrol, or firefighter, with respect to his or her
operation of a private motor vehicle, increase the premium on that
policy for the reason that the insured or applicant for insurance has
been involved in an accident while operating an authorized emergency
vehicle, as defined in subdivision (a) or (f) of Section 165 of the
Vehicle Code or in paragraph (1) or (2) of subdivision (b) of Section
165 of the Vehicle Code, in the performance of his or her duty
during the hours of his or her employment  , or was involved in
an accident while operating a private vehicle in the  
performance of his or her duty at the request or direction of the
employer  .
   (b) No insurer shall, in issuing or renewing a private automobile
insurance policy to a federal officer or federal customs agent, with
respect to his or her operation of a private motor vehicle, increase
the premium on that policy for the reason that the insured or
applicant for insurance has been involved in an accident while
operating an official government vehicle in the performance of his or
her duty during the hours of his or her employment.
   (c) As used in this section:
   (1) "Peace officer" means every person defined in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2 of the Penal Code.

   (2) "Policy" shall have the same meaning as defined in subdivision
(a) of Section 660.
   SECTION 1.   SEC. 2.   Section 557.5 of
the Insurance Code is amended to read:
   557.5.  (a) A peace officer, member of the Department of the
California Highway Patrol, or firefighter shall not be required to
report, nor shall any employer of the same be authorized to request
or require that a peace officer, member of the Department of the
California Highway Patrol, or firefighter report, any accident in
which he or she is involved while operating an authorized emergency
vehicle, as defined in subdivision (a), (b), or (f) of Section 165 of
the Vehicle Code, any employer-leased or employer-rented vehicle, or
any private vehicle  of the employee  if operated
at the request or direction of the employer in the performance of
 his or her   the employee's  duty to any
person who has issued that peace officer, member of the Department of
the California Highway Patrol, or firefighter a private automobile
insurance policy. Peace officers, members of the Department of the
California Highway Patrol, and firefighters shall be indemnified
 for losses   by the employer for all losses of
the employee or a third party  from an accident described in
this section pursuant to Section 825 of the Government Code.  Any
private automobile insurance policy or any othe   r private
insurance policy covering the employee shall not be required to
provide defense or indemnification when the employee is using any
private vehicle as described in this section. 
   (b) As used in this section:
   (1) "Peace officer" means every person defined in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2 of the Penal Code.

   (2) "Policy" shall have the same meaning as defined in subdivision
(a) of Section 660.
   SEC. 2.   SEC. 3.   Section 16051 of the
Vehicle Code is amended to read:
   16051.  (a) Evidence may be established by filing a report
indicating that the motor vehicle involved in the accident was owned,
rented, or leased by or under the direction of the United States,
this state, or any political subdivision of this state or
municipality thereof.
   (b) Evidence may be established by filing a report indicating that
the motor vehicle involved in the accident was owned and operated by
a peace officer, member of the Department of the California Highway
Patrol, or firefighter in the performance of his or her duty, and at
the request of or under the direction of the United States, this
state, or any political subdivision or municipality of this state.