BILL ANALYSIS Ó
AB 1708
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Date of Hearing: April 18, 2012
ASSEMBLY COMMITTEE ON INSURANCE
Jose Solorio, Chair
AB 1708 (Gatto) - As Amended: April 9, 2012
SUBJECT : Proof of Insurance
SUMMARY : Allows drivers to use mobile electronic devices to
provide proof of insurance and vehicle registration.
Specifically, this bill :
1)Permits automobile insurers to provide proof of insurance in
an electronic format that may be displayed on a mobile
electronic device.
2)Permits the use of vehicle registration in an electronic
format on a mobile electronic device in response to a demand
for vehicle registration from a peace officer.
3)Prohibits a peace officer or clerk of the court from viewing
any other content on a mobile electronic device when the
device is presented to establish proof of insurance or to
provide the vehicle registration.
4)Provides that the owner of the mobile electronic device is
liable for any damage to the device when it is presented as
proof of insurance.
5)Permits the use of proof of insurance in an electronic format
on a mobile electronic device in response to a demand for
proof of insurance from a peace officer related to an alleged
violation of the Vehicle Code or accident investigation.
6)Permits the use of proof of insurance in an electronic format
on a mobile electronic device to establish insurance coverage
in a court proceeding related to an alleged violation of the
Vehicle Code.
7)Defines "mobile electronic device" as a portable computing or
communications device with a display screen and touch input or
keyboard.
EXISTING LAW
AB 1708
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1)Requires automobile owners to maintain evidence of financial
responsibility that meets with specified minimum standards.
This requirement is almost always met by the purchase of
automobile insurance.
2)Requires drivers to provide vehicle registration and proof of
insurance when requested by a peace officer.
3)Requires automobile insurers to provide insureds with a
document verifying automobile coverage.
FISCAL EFFECT : Unknown
COMMENTS :
1)Purpose. According to the author, this bill will bring
clarity to the law by expressly permitting the use of cell
phones and other mobile devices to be used to display proof of
insurance and vehicle registration. This measure would
provide greater convenience to motorists by adapting the law
to the increasingly common use of cell phones in business
transactions and everyday life.
2)Developing Trend. Governors in both Arizona and Idaho have
signed similar legislation this year and Alabama is reportedly
developing regulations to permit the use of cell phones to
provide display proof of insurance as well.
3)Technical Amendments. Section 2 of the bill should be amended
to delete references to the clerk of the court and make the
language consistent in referring to evidence of registration.
(c) For the purposes of this section, when a person
provides evidence of registration 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 registration financial
responsibility and is prohibited from viewing any other
content on the mobile electronic device.
REGISTERED SUPPORT / OPPOSITION :
Support
AB 1708
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Association of California Insurance Companies
Personal Insurance Federation of California
Opposition
None Received
Analysis Prepared by : Paul Riches / INS. / (916) 319-2086