BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1871
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          ASSEMBLY THIRD READING
          AB 1871 (Jones)
          As Amended  May 11, 2010
          Majority vote 

           INSURANCE           7-2                                         
           
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          |Ayes:|Solorio, Blakeslee,       |     |                          |
          |     |Caballero, Carter, Feuer, |     |                          |
          |     |Hayashi, Niello           |     |                          |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |Nays:|Anderson, Hagman          |     |                          |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :   Authorizes private passenger automobile owners to  
          make their vehicle available for use by a vehicle sharing  
          program without impacting the owners' private passenger  
          automobile insurance policy.  Specifically,  this bill  :  

          1)Contains declarations of legislative intent that the purpose  
            of the bill is to hold a vehicle owner, and the vehicle  
            owner's insurer, harmless for losses that occur while the  
            vehicle is being used in a carsharing program.

          2)Provides that no vehicle insured as a private passenger motor  
            vehicle in compliance with the Financial Responsibility Law  
            shall be classified as a commercial or for-hire vehicle solely  
            on the basis of the vehicle being used in a personal vehicle  
            sharing program, provided that the revenue generated for the  
            owner does not exceed the expenses of operating the vehicle.   
            These expenses include lease or loan payments, insurance,  
            parking, depreciation, fuel and maintenance.

          3)Requires that the personal vehicle sharing organization  
            maintain appropriate insurance for the periods that the  
            vehicle is being used by any driver other than the owner.

          4)Defines "personal vehicle sharing" as privately owned vehicles  
            that are allowed to be used by drivers other than the owner as  
            part of a communal pool of vehicles.

          5)Specifies that a personal vehicle sharing program is an entity  








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            that facilitates personal vehicle sharing, and that:

             a)   Provides liability insurance for private vehicles when  
               used by drivers other than the owner in amounts equal to or  
               greater than what the owner maintains, but in no event less  
               than three times the amount required by the Financial  
               Responsibility Law;

             b)   Provides the vehicle owner with appropriate proof of  
               financial responsibility to satisfy Vehicle Code  
               requirements; and,

             c)   Collects and maintains verifiable electronic records  
               that identify the date, time and location when a vehicle is  
               being used by a driver who is not the owner.

          6)Specifies that, notwithstanding any other provision of law or  
            provision of the owner's insurance policy, the owner's  
            automobile insurer is not liable under any circumstances for  
            any loss or event that occurs during a time when the vehicle  
            is under the control of a driver who is not the owner pursuant  
            to a personal vehicle sharing program.

          7)Prohibits an insurer from canceling, rescinding, terminating,  
            voiding, or nonrenewing an owner's automobile insurance policy  
            due to the owner making the vehicle available for a personal  
            vehicle sharing program.

           EXISTING LAW  :

          1)Requires owners and operators of private passenger automobiles  
            to maintain "financial responsibility," which usually takes  
            the form of privately purchased insurance in at least the  
            amounts per accident of $15,000 per person for bodily  
            injuries, $30,000 for all bodily injuries, and $5,000 for  
            property damages.

          2)Provides that an insurance policy covering an automobile is  
            primary in the event the vehicle is involved in an accident  
            that causes a loss to a third party.  For example, if a  
            vehicle owner allows a friend or relative who is not listed in  
            the owner's policy to drive the vehicle, and the friend or  
            relative causes a loss in an accident, the policy covering the  
            vehicle, and not the friend or relative's policy, is the  








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            primary source for payment of damages.

          3)Contains very limited prohibitions on an automobile insurer  
            from classifying a private passenger vehicle as a commercial  
            or for-hire vehicle, including use as a volunteer for a  
            nonprofit organization.

           FISCAL EFFECT  :   Undetermined

           COMMENTS  :   

          1)According to the author, carsharing companies would like to  
            expand their pool of vehicles by taking advantage of privately  
            owned vehicles while they are not in use.  However, under  
            current law, if the owner accepted compensation for allowing  
            the vehicle to be used in a vehicle sharing program, an  
            insurer could reclassify the vehicle as a commercial vehicle,  
            and increase the premiums charged to the owner.  The bill is  
            designed to enable the carsharing company to enter into  
            agreements with vehicle owners, and ensure that the owner is  
            not disadvantaged.  Further, the bill is designed to ensure  
            that the owner's private passenger automobile insurer is also  
            not disadvantaged when the vehicle is in use by the vehicle  
            sharing program.

          2)Carsharing companies have been growing in urban areas across  
            the country, as well as in California.  These companies  
            provide short-term rental use of vehicles by drivers who have  
            only minimal need to a personal vehicle, and do not want to  
            incur the expenses associated with owning and maintaining a  
            vehicle in an urban area.

          3)According to the Environmental Defense Fund and the Sierra  
            Club, vehicle sharing programs are one mechanism that can  
            reduce the number of miles that are driven in urban areas,  
            thereby reducing emissions and congestion.  By making more  
            options available, more people will be able to meet their  
            urban transportation needs without having to own a car.  The  
            American Planning Association, California Chapter, and the  
            Community Action to Prevent Asthma make similar points  
            concerning reducing emissions and encouraging carsharing.

          4)Companies such as Gettaround, Inc., and City CarShare support  
            the bill, which would enable them to supplement or replace  








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            company owned fleets with temporary use private vehicles owned  
            by others during periods when the owner does not need the  
            vehicle.  They point to research that shows carsharing  
            programs can reduce participants' miles driven, thereby  
            reducing greenhouse gases.  Creating this additional model for  
            organizing a program will encourage an expansion of these  
            efforts.

          5)The insurers, who have "oppose unless amended" positions,  
            recognize that the bill contains provisions that attempt to  
            provide them protection against inappropriate liability.   
            However, they point to additional issues, such as how the  
            mandatory rating factor of "miles driven" enacted by  
            Proposition 103 is impacted by a proposal that has as its  
            purpose additional miles driven on their insureds' cars.  They  
            also note that the bill's protections address liability, but  
            not theft or vandalism to the vehicle, or property damage to  
            the vehicle itself.  However, both the Association of  
            California Insurance Companies and the Pacific Association of  
            Domestic Insurance Companies have expressed the desire to work  
            with the author on this "innovative idea."

           
          Analysis Prepared by  :    Mark Rakich / INS. / (916) 319-2086

                                                               FN:  0004279