BILL NUMBER: AB 1708	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 9, 2012
	AMENDED IN ASSEMBLY  MARCH 13, 2012

INTRODUCED BY   Assembly Member Gatto

                        FEBRUARY 15, 2012

   An act to amend Section 515 of the Insurance Code, and to amend
Sections 4462 and 16028 of the Vehicle Code, relating to vehicles.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1708, as amended, Gatto. Vehicles: electronic verification of
registration and insurance. 
    Existing 
    (1)     Existing  law requires every
driver and every owner of a motor vehicle to be able to establish
financial responsibility, and, at all times, carry in the vehicle
evidence of a form of financial responsibility, which may be obtained
by a law enforcement officer from the electronic reporting system
established by the Department of Motor Vehicles. Existing law
requires, upon the demand of a peace officer, that evidence of
registration and proof of financial responsibility be provided by a
person driving a motor vehicle.
   Existing law requires a driver who is issued a notice to appear
for any alleged violation of the Vehicle Code or the driver of a
motor vehicle involved in an accident to furnish written evidence of
financial responsibility. Existing law requires an insurer issuing
policies of automobile liability insurance or motor vehicle liability
insurance, upon the request of its insured or the Department of
Motor Vehicles, to promptly issue written verification as to the
existence of that coverage.
   This bill would  require   authorize  an
insurer issuing policies of automobile liability insurance or motor
vehicle insurance to issue, upon the request of the insured 
,   and to the extent available, el   ectronic
 verification as to the existence of the coverage to a mobile
electronic device, as defined, and would allow a person to provide
evidence of financial responsibility, under the circumstances
described above, through the use of a mobile electronic device. The
bill would also allow a person to provide electronic verification of
evidence of registration using a mobile electronic device to a peace
officer. 
   The bill would require, when a person provides evidence of
financial responsibility using a mobile electronic device to a peace
officer or clerk of the court, the peace officer or clerk of the
court to only view the evidence of financial responsibility and would
prohibit them from viewing any other content on the mobile
electronic device. The bill would also require, whenever a person
presents a mobile electronic device pursuant to the above-described
provisions, the person to assume all liability for any damage to the
mobile electronic device.  
   By expanding the duties of local public officials and expanding
the scope of existing crimes, the bill would impose a state-mandated
local program.  
   (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason. 

   With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 515 of the Insurance Code is amended to read:
   515.  (a)  (1)    Notwithstanding any other
 provision of  law, an insurer issuing policies of
automobile liability insurance or motor vehicle liability insurance
shall, upon request of either the named insured or the Department of
Motor Vehicles, promptly issue to that person or the department
written verification as to the existence of that coverage  ,
and issue, upon the request of the insured, verification as to the
existence of that coverage, to a mobile electronic device  .

   (2) Upon the request of the insured, an insurer may issue the
verification as to the existence of that coverage in an electronic
format to a mobile electronic device to the extent available. This
section does not require an insurer to provide the verification of
coverage in an electronic format in real time. 
   (b) For purposes of this section, "mobile electronic device" has
the same meaning as defined in subdivision (f) of Section 16028 of
the Vehicle Code.
  SEC. 2.  Section 4462 of the Vehicle Code is amended to read:
   4462.  (a) The driver of a motor vehicle shall present the
registration or identification card or other evidence of registration
or provide verification of evidence of registration using a mobile
electronic device, as defined in subdivision (f) of Section 16028, of
any or all vehicles under his or her immediate control for
examination upon demand of any peace officer.
   (b) A person shall not display upon a vehicle, or present to any
peace officer, any registration card, identification card, temporary
receipt, license plate, device issued pursuant to Section 4853, or
permit not issued for that vehicle or not otherwise lawfully used
thereon under this code. 
   (c) For the purposes of this section, when a person provides
evidence of financial responsibility using a mobile electronic device
to a peace officer or clerk of the court, the peace officer or clerk
of the court shall only view the evidence of financial
responsibility and is prohibited from viewing any other content on
the mobile electronic device.  
   (d) If a person presents a mobile electronic device pursuant to
this section, that person assumes all liability for any damage to the
mobile electronic device during its use for purposes of this
section. 
  SEC. 3.  Section 16028 of the Vehicle Code is amended to read:
   16028.  (a) Upon the demand of a peace officer pursuant to
subdivision (b) or upon the demand of a peace officer or traffic
collision investigator pursuant to subdivision (c), every person who
drives a motor vehicle upon a highway shall provide evidence of
financial responsibility for the vehicle that is in effect at the
time the demand is made. The evidence of financial responsibility may
be provided using a mobile electronic device. However, a peace
officer shall not stop a vehicle for the sole purpose of determining
whether the vehicle is being driven in violation of this subdivision.

   (b) If a notice to appear is issued for any alleged violation of
this code, except a violation specified in Chapter 9 (commencing with
Section 22500) of Division 11 or any local ordinance adopted
pursuant to that chapter, the cited driver shall furnish written
evidence of financial responsibility or  may  provide 
electronic  verification of evidence of financial responsibility
using a mobile electronic device upon request of the peace officer
issuing the citation. The peace officer shall request and write the
driver's evidence of financial responsibility on the notice to
appear, except when the peace officer is unable to write the driver's
evidence of financial responsibility on the notice to appear due to
an emergency that requires his or her presence elsewhere. If the
cited driver fails to provide evidence of financial responsibility at
the time the notice to appear is issued, the peace officer may issue
the driver a notice to appear for violation of subdivision (a). The
notice to appear for violation of subdivision (a) shall be written on
the same citation form as the original violation.
   (c) If a peace officer, or a regularly employed and salaried
employee of a city or county who has been trained as a traffic
collision investigator, is summoned to the scene of an accident
described in Section 16000, the driver of  any  
a  motor vehicle that is in any manner involved in the accident
shall furnish written evidence of financial responsibility or 
may  provide  electronic  verification of evidence of
financial responsibility using a mobile electronic device upon the
request of the peace officer or traffic collision investigator. If
the driver fails to provide evidence of financial responsibility when
requested, the peace officer may issue the driver a notice to appear
for violation of this subdivision. A traffic collision investigator
may cause a notice to appear to be issued for a violation of this
subdivision, upon review of that citation by a peace officer.
   (d) (1) If, at the time a notice to appear for a violation of
subdivision (a) is issued, the person is driving a motor vehicle
owned or leased by the driver's employer, and the vehicle is being
driven with the permission of the employer, this section shall apply
to the employer rather than the driver. In that case, a notice to
appear shall be issued to the employer rather than the driver, and
the driver may sign the notice on behalf of the employer.
   (2) The driver shall notify the employer of the receipt of the
notice issued pursuant to paragraph (1) not later than five days
after receipt.
   (e) A person issued a notice to appear for a violation of
subdivision (a) may personally appear before the clerk of the court,
as designated in the notice to appear, and provide written evidence
of financial responsibility or provide verification of evidence of
financial responsibility using a mobile electronic device in a form
consistent with Section 16020, showing that the driver was in
compliance with that section at the time the notice to appear for
violating subdivision (a) was issued. In lieu of the personal
appearance, the person may submit by mail to the court written
evidence of having had financial responsibility at the time the
notice to appear was issued. Upon receipt by the clerk of that
written evidence of financial responsibility or verification of
evidence of financial responsibility using a mobile electronic device
in a form consistent with Section 16020, further proceedings on the
notice to appear for the violation of subdivision (a) shall be
dismissed.
   (f) For purposes of this section, "mobile electronic device" means
a  small, hand-held   portable  computing
and communication device that has a display screen with touch input
or a miniature keyboard. 
   (g) For the purposes of this section, when a person provides
evidence of financial responsibility using a mobile electronic device
to a peace officer or clerk of the court, the peace officer or clerk
of the court shall only view the evidence of financial
responsibility and is prohibited from viewing any other content on
the mobile electronic device.  
   (h) Whenever a person presents a mobile electronic device pursuant
to this section, that person assumes all liability for any damage to
the mobile electronic device. 
   SEC.   4.    No reimbursement is required by
this act pursuant to Section 6 of Article XIII B of the California
Constitution for certain costs that may be incurred by a local agency
or school district because, in that regard, this act creates a new
crime or infraction, eliminates a crime or infraction, or changes the
penalty for a crime or infraction, within the meaning of Section
17556 of the Government Code, or changes the definition of a crime
within the meaning of Section 6 of Article XIII B of the California
Constitution.  
   However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.