BILL ANALYSIS                                                                                                                                                                                                    Ó





                             SENATE JUDICIARY COMMITTEE
                         Senator Hannah-Beth Jackson, Chair
                            2015 - 2016  Regular  Session


          SB 438 (Hill)
          Version: April 6, 2015
          Hearing Date:  April 21, 2015
          Fiscal: Yes
          Urgency: No
          TMW
                    

                                        SUBJECT
                                           
                     Motor vehicles:  reportable property damage

                                      DESCRIPTION  


          This bill would increase the minimum amount of damage to  
          property resulting from a motor vehicle accident that must be  
          reported to the Department of Motor Vehicles from $750 to  
          $1,000.  This bill would make corresponding changes to the  
          minimum judgment amount that qualifies a judgment debtor, found  
          liable for that damage but who has failed to pay the judgment  
          rendered thereon, to have his or her driver's license suspended  
          or revoked.

                                      BACKGROUND  

          Existing law requires individuals driving in California to  
          maintain minimum amounts of automobile liability insurance that  
          would pay for bodily injury or property damage to an injured  
          party resulting from an automobile accident caused by the  
          driver.  In support of this requirement, existing law also  
          requires a driver who causes property damage in an amount of  
          $750 or more or bodily injury or death in any amount to submit  
          an accident report to the Department of Motor Vehicles (DMV).   
          Failure to report that accident to the DMV may result in the  
          suspension or revocation of the driver's license.

          Existing law also provides that a driver, who is found liable  
          for property damage in an amount of $750 or more or bodily  
          injury or death in any amount due to an automobile accident and  








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          who fails to pay the judgment creditor, is subject to driver's  
          license suspension or revocation.  This provision helps to  
          ensure that individuals harmed by drivers with no automobile  
          insurance will be paid by the at-fault driver.

          This bill would increase from $750 to $1,000 the minimum amount  
          of reportable property damage resulting from an automobile  
          accident and unpaid judgment debt that may subject an at-fault  
          driver to license suspension or revocation.

          This bill was heard by the Senate Transportation and Housing  
          Committee on April 7, 2015, and passed out on a vote of 11-0.

                                CHANGES TO EXISTING LAW
           
           Existing law  subjects a judgment debtor to driver's license  
          suspension or revocation if the judgment debtor fails to satisfy  
          a judgment that was for damage to property in excess of $750 or  
          for bodily injury to, or the death of, a person in any amount,  
          and resulted from the operation of a motor vehicle on a  
          California highway by the defendant or by any other person for  
          whose conduct the defendant was liable, unless the liability  
          resulted from the defendant's signing the application of a minor  
          for a driver's license.  (Code Civ. Proc. Sec. 116.870.)

           Existing law  provides that if the judgment was for $750 or less,  
          resulted from a motor vehicle accident occurring on a California  
          highway caused by the defendant's operation of a motor vehicle,  
          and has remained unsatisfied for more than 90 days after the  
          judgment became final, the judgment creditor may file with the  
          Department of Motor Vehicles (DMV) a notice requesting a  
          suspension of the judgment debtor's privilege to operate a motor  
          vehicle.  (Code Civ. Proc. Sec. 116.880(a).)

           Existing law  requires the DMV to prepare and publish a printed  
          summary describing the penalties for noncompliance financial  
          responsibility requirements, which shall be included with each  
          motor vehicle registration, registration renewal, and transfer  
          of registration and with each driver's license and license  
          renewal, and that printed summary may contain, but is not  
          limited to, a provision advising a driver that under existing  
          California law, if the driver is involved in an accident that  
          results in damages of over $750 to the property of any person or  
          in any injury or fatality, the driver must file a report of the  
          accident with the DMV within 10 days of the accident; if the  







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          driver fails to file a report or fails to provide evidence of  
          financial responsibility on the report, the driver's driving  
          privilege will be suspended for up to four years.  (Veh. Code  
          Sec. 1656.2.)

           Existing law  authorizes the DMV to refuse to issue or renew, or  
          may suspend or revoke, the certificate or endorsement, as  
          specified, of any person who meets any of the following  
          conditions:  (1) within 12 months, has been involved as a driver  
          in three accidents in which the driver caused or contributed to  
          the causes of the accidents; or (2) within 24 months, as a  
          driver, caused or contributed to the cause of an accident  
          resulting in a fatality or serious injury or serious property  
          damage in excess of $750.  (Veh. Code Sec. 13369(c)(1)-(2).)

           Existing law  provides that the driver of a motor vehicle who is  
          in any manner involved in an accident originating from the  
          operation of the motor vehicle on a street or highway, or is  
          involved in a reportable off-highway accident, as defined, that  
          has resulted in damage to the property of any one person in  
          excess of $750, or in bodily injury, or in the death of any  
          person shall report the accident, within 10 days after the  
          accident, either personally or through an insurance agent,  
          broker, or legal representative, on a form approved by the DMV,  
          to the office of the DMV at Sacramento.  (Veh. Code Sec.  
          16000(a).)

           Existing law  includes in the definition of a "reportable  
          off-highway accident" an accident which results in damages to  
          the property of any one person in excess of $750, or in bodily  
          injury or in the death of any person.  (Veh. Code Sec.  
          16000.1(a)(3).)

           Existing law  provides that suspension provisions do not apply to  
          a driver or owner until 30 days after the DMV sends to the  
          driver or owner notice of its intent to suspend his or her  
          driving privilege and advises the driver or owner of his or her  
          right to a hearing.  If the driver or owner makes a timely  
          request for a hearing, the DMV is required to hold a hearing  
          before the effective date of the suspension to determine the  
          applicability of potential driver's license suspension or  
          revocation, including the determination of whether the accident  
          resulted in property damage in excess of $750, or bodily injury,  
          or death and whether the driver or owner has established  
          financial responsibility, as specified, was in effect at the  







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          time of the accident.  (Veh. Code Sec. 16075(a), (c).)

           Existing law  provides that "cause of action" means any cause of  
          action for damage to property in excess of $750, or for damage  
          in any amount on account of bodily injury to or death of any  
          person resulting from the operation by the defendant or any  
          other person of any motor vehicle upon a highway in this state,  
          except a cause of action based upon statutory liability by  
          reason of signing the application of a minor for a driver's  
          license.  (Veh. Code Sec. 16251.)

           Existing law  provides that every judgment is deemed satisfied:
           when $15,000 has been credited, upon any judgment in excess of  
            that amount, or upon all judgments, collectively, which  
            together total in excess of that amount, for personal injury  
            to or death of one person as a result of any one accident;
           when, subject to the limit of $15,000 as to one person, the  
            sum of $30,000 has been credited, upon any judgment in excess  
            of that amount, or upon all judgments, collectively, which  
            together total in excess of that amount, for personal injury  
            to or death of more than one person as a result of any one  
            accident;
           when $5,000 has been credited, upon any judgment in excess of  
            that amount, or upon all judgments, collectively, each of  
            which is in excess of $750, and which together total in excess  
            of $5,000, for damage to property of others as a result of any  
            one accident; or
           when the judgment debtor or a person designated by him or her  
            has deposited with the department a sum equal to the amount of  
            the unsatisfied judgment for which the suspension action was  
            taken and presents proof, satisfactory to the department, of  
            inability to locate the judgment creditor.  (Veh. Code Sec.  
            16377.)

           Existing law  defines proof of financial responsibility to mean  
          proof of financial responsibility resulting from the ownership  
          or operation of a motor vehicle and arising by reason of  
          personal injury to, or death of, any one person, of at least  
          $15,000, and, subject to the limit of $15,000 for each person  
          injured or killed, of at least $30,000 for the injury to, or the  
          death of, two or more persons in any one accident, and for  
          damages to property (in excess of $750), of at least $5,000  
          resulting from any one accident.  (Veh. Code Sec. 16430.)

           Existing law  provides that proof of financial responsibility may  







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          be given by a bond, which is conditioned for the payment of  
          specified amounts, and provides for the entry of judgment on  
          motion of the state in favor of any holder of any final judgment  
          on account of damages to property over $750 in amount, or injury  
          to any person caused by the operation of the person's motor  
          vehicle.  (Veh. Code Sec. 16434.)

           This bill  would change the above threshold amounts of $750 to  
          $1,000 and make other technical or clarifying revisions.

                                        COMMENT
           
          1.  Stated need for the bill 
          
          The author writes:
            
            When a motorist is involved in an accident and the personal  
            damage exceeds $750, the motorist must file a report with DMV.  
             The ? amount is set by statue and has not been updated since  
            2002.  The DMV collects at least 54,000 SR1 reports on a  
            monthly basis. 

            SB 438 increases the $750 reporting amount to $1,000 on DMV  
            SR-1 reports. 

          2.  Increasing minimum amount of property damage triggering  
            driver's license suspension or revocation  

          Existing law provides that a driver found liable for property  
          damage in an amount of $750 or more resulting from an automobile  
          accident that has resulted in an unpaid judgment may be subject  
          to driver's license suspension or revocation.  (Code Civ. Proc.  
          Sec. 116.870.)  Additionally, a judgment creditor of a judgment  
          for $750 or more of property damage that has not been paid  
          within 90 days after the judgment has become final is authorized  
          to file a request with the Department of Motor Vehicles (DMV)  
          requesting a suspension of the judgment debtor's privilege to  
          operate a motor vehicle.  (Code Civ. Proc. Sec. 116.880.)  This  
          bill would increase those minimum amounts to $1,000.

          The author notes that the current $750 minimum reportable amount  
          has resulted in more accidents being reported to the DMV and  
          more license suspensions than intended by the law.  The author  
          argues that this bill will lessen the burden on the DMV in  
          processing accident reports and lessen the burden on California  







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          motorists who are involved in minor accidents.  The Personal  
          Insurance Federation of California (PIFC), in support, argues  
          that "[t]here is currently a discrepancy between the Vehicle  
          Code and Insurance Regulations for principally at fault  
          accidents.  SB 438 would make [the] Vehicle Code consistent with  
          the principally at fault accident determinations under the  
          Insurance Regulations."  PIFC states that this bill "could lead  
          to a better customer experience to have the DMV reporting be  
          consistent with the principally at fault definitions and  
          potentially reduce some paperwork for our customers."

          The minimum level of property damage was last increased from  
          $500 to $750 by AB 1718 (Committee on Transportation, Chapter  
          451, Statutes of 2003).  Those increases were enacted to conform  
          to the provisions of SB 1590 (Karnette, Chapter 766, Statutes of  
          2002), which increased the minimum motor vehicle accident  
          property damage limit from $500 to $750 before an accident  
          report is required to be filed with the DMV.  SB 1590 made the  
          same increases for provisions pertaining to driver's license  
          suspensions due to unpaid civil judgments in the Vehicle Code  
          but failed to make the corresponding increases to the Code of  
          Civil Procedure provisions.

          Following the enactment of SB 1590, the California Department of  
          Insurance proposed amendments, which were subsequently enacted,  
          to the California Code of Regulations that would increase the  
          minimum amount from $500 to $750 for determinations of when a  
          driver may be considered to be principally at fault in an  
          accident.  (See Cal. Code Regs., tit. 10, Sec. 2632.13(c).)   
          Nine years later, the Department of Insurance issued a final  
          statement of reasons explaining another update to the Code of  
          Regulations, which increased the minimum amount from $750 to  
          $1,000, "in order to rule out de minimis damage, in recognition  
          of the fact that the damage to more than one person may now be  
          counted and that inflation has increased the cost of repairs."   
          (Dept. of Ins., Final Statement of Reasons, Reg-2010-00011 (May  
          25, 2011).)  That statement of reasons also noted that, although  
          the Insurance Commissioner's authority governing the  
          determination of a principally at-fault accident is not derived  
          from the Vehicle Code (which enacted the 2002 increases upon  
          which the Commissioner relied to update the Code of Regulations  
          at that time), but rather from Insurance Code Section  
          1861.025(b)(3), Vehicle Code Section 16000 was no longer  
          applicable and no longer relied upon to determine at-fault  
          accidents.







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          Notably, the increases proposed by this bill reflect the  
          appropriate increases for annual California Consumer Price Index  
          for All Urban Consumers (CPI).  The last time the minimum  
          property damage amounts were increased from $500 to $750 was  
          2002, with corresponding increases made to the Code of Civil  
          Procedure in 2003.  Based on 2002 figures, the CPI increase for  
          $750 is $978.55, which is within $25 of the proposed increased  
          to $1,000 in this bill.

          Further, increasing the property damage minimum amount to $1,000  
          is consistent with the intent of the law, which is to require  
          every driver and owner of a motor vehicle to establish financial  
          responsibility.  The law requires that motorists and vehicle  
          owners involved in accidents to be insured, and the DMV is able  
          to monitor financial responsibility when an accident occurs  
          involving property damage in an amount of $750 or more.  These  
          are the laws to which the driver's license suspension or  
          revocation provisions in the Code of Civil Procedure are tied  
          and are also being increased by this bill.


           Support  :  California State Sheriffs' Association; Personal  
          Insurance Federation of California

           Opposition  :  None Known

                                        HISTORY
           
           Source  :  Author

           Related Pending Legislation  :  None Known

           Prior Legislation  :

          AB 1718 (Committee on Transportation, Chapter 451, Statutes of  
          2003) See Comment 2.

          SB 1590 (Karnette, Chapter 766, Statutes of 2002) See Comment 2.

           Prior Vote  :  Senate Transporation and Housing Committee: (Ayes  
          11, Noes 0)

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