BILL ANALYSIS                                                                                                                                                                                                    






                        SENATE COMMITTEE ON BANKING, FINANCE,
                                    AND INSURANCE
                           Senator Ronald Calderon, Chair


          AB 1871 (Jones)                    Hearing Date:  June 30, 2010   


          As Amended:              June 1, 2010   
          Fiscal:             No
          Urgency:       No

          VOTES:              Asm. Floor(06/03/10)75-0/Pass
                         Asm. Ins.                (05/05/10)07-02/Pass


           SUMMARY    Would facilitate the ability of carsharing companies  
          to expand their pool of vehicles by taking advantage of  
          privately owned vehicles while they are not in use with adverse  
          consequences for the owners of those vehicles or the owners'  
          insurer.  

           
          DIGEST
            
          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  
            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  




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            nonprofit organization.

           
          This bill


           1.Would state legislative intent that that during the time when  
            owners of motor vehicles make their vehicles available to, and  
            those vehicles are under the operation and control of, a  
            personal vehicle sharing program's member, if an incident,  
            accident, or occurrence happens that gives rise to any  
            liability, the vehicle's owner and the private passenger  
            automobile insurer that insures the vehicle and its owner  
            shall be held harmless with no obligation to defend or  
            indemnify the motor vehicle's owner.


          2.Would state further intent that a personal vehicle sharing  
            program shall maintain sufficient insurance coverage to cover  
            any loss arising out of the use of a privately owned passenger  
            vehicle during the time when the vehicle is under the  
            operation and control of the personal vehicle sharing program  
            and, at those times the personal vehicle sharing program shall  
            stand in the place of the vehicle owner or the vehicle owner's  
            private passenger automobile insurer.


          3.Would provide that no private passenger motor vehicle insured  
            by its owner by a policy of insurance subject to specified  
            Insurance Code provisions applicable to private passenger  
            automobile insurance and uninsured and underinsured coverages,  
            shall be classified as a commercial vehicle, for-hire vehicle,  
            permissive use vehicle, or livery solely because its owner  
            allows it to be used for personal vehicle sharing  as long as  
            all of the following circumstances apply:  


               a.     The personal vehicle sharing is conducted pursuant  
                 to a personal vehicle sharing program.


               b.     Any annual revenue received by the motor vehicle's  
                 owner and generated by personal vehicle sharing of that  
                 vehicle does not exceed the annual expenses of owning and  
                 operating the vehicle, including depreciation, interest,  
                 lease payments, auto loan payments, insurance,  




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                 maintenance, parking, fuel, cleaning, automobile repair,  
                 and costs associated with personal vehicle sharing,  
                 including, but not limited to, the installation,  
                 operation, and maintenance of computer hardware and  
                 software, signage identifying the vehicle as a personal  
                 sharing vehicle, and any fees charged by a personal  
                 vehicle sharing program.


          4.Would define various terms, including:


               a.     "Personal vehicle sharing", which is define to mean  
                 the use of private passenger motor vehicles by persons  
                 other than the vehicle's owner, in connection with a  
                 personal vehicle sharing program; and 


               b.     "Personal vehicle sharing program", which is defined  
                 to mean a legal entity qualified to do business in the  
                 State of California engaged in the business of  
                 facilitating the sharing of private passenger vehicles  
                 for noncommercial use by individuals within the state.


          5.Would provide that a personal vehicle sharing program shall,  
            for each private passenger vehicle that it facilitates the use  
            of, do all of the following:


               a.     During all times when the vehicle is engaged in  
                 personal vehicle sharing, provide insurance coverage for  
                 the vehicle that is equal to or greater than the  
                 insurance coverages maintained by the vehicle owner and  
                 reported to the personal vehicle sharing program, but in  
                 no event, provide coverage less than three times the  
                 minimum insurance requirements for private passenger  
                 vehicles with respect to liability and uninsured motorist  
                 coverage, and provide coverage equal to or greater than  
                 the medical payment coverage and the physical damage  
                 coverage, including collision and comprehensive coverage,  
                 maintained by the vehicle owner and reported to the  
                 personal vehicle sharing program.


               b.     Provide the registered owner of the vehicle with a  




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                 specified DMV form or other suitable proof of compliance  
                 with the insurance requirements of this Act and the  
                 California Financial Responsibility Law.


               c.     Collect, maintain, and make available to the vehicle  
                 owner, the vehicle owner's primary automobile liability  
                 insurer on file with the DMV, and to any other government  
                 agency as required by law, at the cost of the personal  
                 vehicle program, verifiable electronic records that  
                 identify the date, time, initial and final locations of  
                 the vehicle, and miles driven when the vehicle is under  
                 the control of a person other than the vehicle's owner  
                 pursuant to a personal vehicle sharing program.


               d.     Provide the vehicle's owner and any person that  
                 operates the vehicle pursuant to a personal vehicle  
                 sharing program with a disclosure that contains  
                 information explaining the terms and conditions contained  
                 in this section.


          6.Would establish rules governing liabilities of the passenger  
            vehicle sharing program operator, the owner of the vehicle  
            being shared, and the insurer of the vehicle on behalf of the  
            owner.


          7.Would provide that no policy of insurance subject to Section  
            11580.1 or 11580.2 shall be canceled, voided, terminated,  
            rescinded, or nonrenewed solely on the basis that the private  
            passenger motor vehicle has been made available for personal  
            vehicle sharing pursuant to a personal vehicle sharing  
            program.



           COMMENTS

           1.Purpose of the bill To permit carsharing companies to expand  
            their pool of vehicles by taking advantage of privately owned  
            vehicles while they are not in use.  

           2.Background  .  Carsharing companies have been growing in urban  
            areas across the country, as well as in California.  These  




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            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.However, under current law, if the owner accepts 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 without adverse  
            consequences for the owner.The billis also intended 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.

           4.Environmental benefits  .  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.

           5.Carsharing companies support  .  Companies such as Gettaround,  
            Inc., and City CarShare support the bill, which would enable  
            them to supplement or replace 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.
           
          6.Questions   None

           7.Suggested Amendments  None
           
          8.Prior and Related Legislation   None 

           
          POSITIONS
          




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          Support
           
          American Planning Association, California Chapter
          City Carshare
          Community Action to Fight Asthma
          Environmental Defense Fund
          Gettaround, Inc.
          Relay Rides
          Sierra Club
          Spride 

           
          Oppose
               
          None

          Consultant:   Kenneth Cooley (916) 651-4102