BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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                                 THIRD READING


          Bill No:  AB 1871
          Author:   Jones (D)
          Amended:  6/10/10 in Senate
          Vote:     21

           
           SENATE BANKING, FINANCE, AND INS. COMMITTEE  :  10-0, 6/30/10
          AYES:  Calderon, Cogdill, Correa, Florez, Kehoe, Liu,  
            Lowenthal, Padilla, Price, Runner
          NO VOTE RECORDED:  Cox

           ASSEMBLY FLOOR  :  75-0, 6/3/10 - See last page for vote


           SUBJECT  :    Motor vehicle insurance coverage:  personal  
          vehicle sharing

           SOURCE  :     Author


           DIGEST  :    This bill facilitates 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 no adverse consequences for the owners of those  
          vehicles or the owners' insurer.

           ANALYSIS  :    

           Existing law
           
          1. Requires owners and operators of private passenger  
             automobiles to maintain "financial responsibility,"  
             which usually takes the form of privately purchased  
                                                           CONTINUED





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             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 nonprofit organization.

          This bill:

          1. States 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. States 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. Provides that no private passenger motor vehicle insured  
             by its owner by a policy of insurance subject to  







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             specified Insurance Code provisions applicable to  
             private passenger automobile insurance and uninsured and  
             underinsured coverage, 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, 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. 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.

             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. Provides 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  







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                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 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. Establishes 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.








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          7. Provides 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.

           Background
           
          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.

          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  
          bill is 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.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No    
          Local:  No

           SUPPORT :   (Verified  7/29/10)

          American Planning Association, California Chapter
          City Carshare
          City of sacramento
          CommonSource
          Community Action to Fight Asthma
          Consumer Attorneys of California 
          Divvy.com
          Environmental Defense Fund
          Gettaround, Inc.
          Go-Op, Inc.
          National Resources Defense Council
          Relay Rides







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          Sierra Club
          Spride, Inc.


           ASSEMBLY FLOOR  : 
          AYES:  Adams, Ammiano, Anderson, Arambula, Bass, Beall,  
            Bill Berryhill, Blakeslee, Block, Blumenfield, Bradford,  
            Brownley, Buchanan, Caballero, Charles Calderon, Carter,  
            Chesbro, Conway, Cook, Coto, Davis, De Leon, DeVore,  
            Emmerson, Eng, Evans, Feuer, Fletcher, Fong, Fuentes,  
            Fuller, Furutani, Gaines, Galgiani, Garrick, Gilmore,  
            Hagman, Hall, Harkey, Hayashi, Hernandez, Hill, Huber,  
            Huffman, Jeffries, Jones, Knight, Lieu, Logue, Bonnie  
            Lowenthal, Ma, Mendoza, Miller, Monning, Nava, Nestande,  
            Niello, Nielsen, Norby, V. Manuel Perez, Portantino,  
            Ruskin, Saldana, Silva, Skinner, Smyth, Solorio, Swanson,  
            Torlakson, Torres, Torrico, Tran, Villines, Yamada, John  
            A. Perez
          NO VOTE RECORDED:  Tom Berryhill, De La Torre, Salas, Audra  
            Strickland, Vacancy


          JJA:do  7/29/10   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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