BILL NUMBER: AB 1708	CHAPTERED
	BILL TEXT

	CHAPTER  236
	FILED WITH SECRETARY OF STATE  SEPTEMBER 7, 2012
	APPROVED BY GOVERNOR  SEPTEMBER 7, 2012
	PASSED THE SENATE  AUGUST 9, 2012
	PASSED THE ASSEMBLY  AUGUST 13, 2012
	AMENDED IN SENATE  JULY 5, 2012
	AMENDED IN SENATE  JUNE 11, 2012
	AMENDED IN ASSEMBLY  APRIL 19, 2012
	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
Section 16028 of the Vehicle Code, relating to vehicles.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1708, Gatto. Vehicles: electronic verification of financial
responsibility and insurance.
   (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 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,
electronic 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 require, when a person provides evidence of
financial responsibility, using a mobile electronic device, to a
peace officer, the peace officer to only view the evidence of
financial responsibility and would prohibit him or her 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.


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 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.

   (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 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 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 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 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 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, the peace officer 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. 3.  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.