BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2885


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          Date of Hearing:   April 6, 2016


                           ASSEMBLY COMMITTEE ON INSURANCE


                                   Tom Daly, Chair


          AB 2885  
          (Committee on Insurance) - As Introduced February 25, 2016


          SUBJECT:  Insurance:  low-cost automobile insurance program


          SUMMARY:  Makes technical changes to the statutes governing the  
          low-cost automobile insurance program (LCAP).  Specifically,  
          this bill:  


          1)Repeals the requirement that the California Automobile  
            Assigned Risk Program (CAARP) Advisory Committee report to the  
            Insurance Commissioner (commissioner) on the feasibility of  
            the following:


               A)     allowing LCAP policies to be reinstated, 


               B)     allowing LCAP premium payments to be made on an  
                 installment basis, 


               C)     allowing credit card payments for LCAP premiums, and


               D)     expanding LCAP eligibility to include emancipated  
                 minors.








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          1)Repeals statutes establishing the LCAP as a pilot program and  
            replaces it with language establishing the LCAP as a statewide  
            program.


          2)Repeals the statute specifying that constitutional challenges  
            to the LCAP must be filed by February 1, 2000.


          EXISTING LAW:  

          1)Requires the owner/operator of an automobile to demonstrate  
            financial responsibility.  This requirement is most commonly  
            fulfilled by purchasing automobile insurance.

          2)Specifies that automobile insurance must provide liability  
            coverage with at least the following coverage limits (minimum  
            limits policy):

               A)     $15,000 for injury to a single person 
               B)     $30,000 for injury to two or more people in the same  
                 accident
               C)     $5,000 for property damage

          1)Establishes within the CAARP the LCAP to provide low income  
            drivers with a more affordable insurance policy to satisfy the  
            financial responsibility requirement.  

          2)Requires LCAP policies provide the following coverages:

               A)     $10,000 for injury to a single person
               B)     $20,000 for injury to two or more people in the same  
                 accident
               C)     $3,000 for property damage

          1)Permits, generally, individuals with good driving records and  
            income below 250% of the poverty level to purchase insurance  








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            through the LCAP.

          2)Sunsets the LCAP effective January 1, 2020.



          FISCAL EFFECT:  Undetermined


          COMMENTS:  


           1)Purpose  .  This bill cleans up the Insurance Code provisions  
            related to the LCAP program.  As the program has evolved many  
            of the provisions enacted to allow its startup have become  
            obsolete and should be updated.  

           2)Financial Responsibility  .  California law requires anyone  
            owning or operating an automobile to demonstrate "financial  
            responsibility."  While there are a number of options  
            available to satisfy this requirement, virtually all drivers  
            purchase a private passenger automobile insurance policy to do  
            so.  Despite this requirement, the Department of Insurance  
            estimates that between 3 and 4 million vehicles in California  
            are operated without insurance.  

           3)CAARP/LCAP  .  The LCAP was established to partially address the  
            problem of uninsured drivers by making cheaper insurance  
            policies available to low-income drivers with good driving  
            records.  LCAP policies were made cheaper by creating a policy  
            with lower coverage limits that satisfies the financial  
            responsibility law.  Relatively few drivers buy LCAP policies  
            (approximately 11,000 at present) because they are frequently  
            able to buy a policy from a private insurer with higher limits  
            at only a slightly higher price.  
          


          REGISTERED SUPPORT / OPPOSITION:








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          Support


          None received




          Opposition


          None received




          Analysis Prepared by:Paul Riches / INS. / (916) 319-2086