BILL NUMBER: SB 363 CHAPTERED 07/26/99 CHAPTER 183 FILED WITH SECRETARY OF STATE JULY 26, 1999 APPROVED BY GOVERNOR JULY 26, 1999 PASSED THE ASSEMBLY JULY 15, 1999 PASSED THE SENATE MAY 25, 1999 AMENDED IN SENATE MAY 19, 1999 INTRODUCED BY Senator Figueroa (Principal coauthor: Assembly Member Wayne) (Coauthors: Senators Chesbro, Hughes, and Murray) (Coauthors: Assembly Members Cardoza, Cunneen, Knox, Kuehl, Romero, and Washington) FEBRUARY 11, 1999 An act to add Section 11580.011 to the Insurance Code, and to amend Section 16054 of the Vehicle Code, relating to automobile insurance. LEGISLATIVE COUNSEL'S DIGEST SB 363, Figueroa. Automotive insurance: coverage for damaged child safety restraint systems. Existing law describes the coverage required to be provided by various policies of automobile insurance. This bill would require every policy of automobile liability insurance, and every policy that provides automobile collision coverage, automobile physical damage coverage, or uninsured motorist property damage coverage to provide coverage for the replacement of a child passenger restraint system that was in use by a child during an accident for which the policy is liable. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 11580.011 is added to the Insurance Code, to read: 11580.011. (a) As used in this section, "child passenger restraint system" means a system as described in Section 27360 of the Vehicle Code. (b) Every policy of automobile liability insurance, as described in Section 16054 of the Vehicle Code, shall provide liability coverage for replacement of a child passenger restraint system that was in use by a child during an accident for which liability coverage under the policy is applicable due to the liability of an insured. (c) Every policy of automobile liability insurance that provides uninsured motorist property damage coverage, as described in paragraph (2) of subdivision (a) of Section 11580.26, shall provide coverage for replacement of a child passenger restraint system that was in use by a child during an accident for which uninsured motorist property damage coverage under the policy is applicable due to the liability of an uninsured motorist. (d) Every policy that provides automobile collision coverage or automobile physical damage coverage, as described in Section 660, shall include a child passenger restraint system within the definition of covered property, if the child passenger restraint system was in use by a child during an accident. SEC. 2. Section 16054 of the Vehicle Code is amended to read: 16054. (a) Proof may be established by filing with the department satisfactory evidence: (1) That the owner had an automobile liability policy, a motor vehicle liability policy, or bond in effect at the time of the accident with respect to the driver or the motor vehicle involved in the accident, unless it is established that at the time of the accident the motor vehicle was being operated without the owner's permission, express or implied, or was parked by a driver who had been operating the vehicle without permission. (2) That the driver of the motor vehicle involved in the accident, if he or she was not the owner of the motor vehicle, had in effect at the time of the accident an automobile liability policy or bond with respect to his or her operation of the motor vehicle not owned by him or her. (3) That the liability as may arise from the driver's operation of the motor vehicle involved in the accident is, in the judgment of the department, covered by some form of liability insurance or bond. (4) That the owner or driver, if he or she is involved in an accident while operating a vehicle of less than four wheels, had in effect at the time of the accident with respect to the driver or vehicle a liability policy or bond that meets the requirements of Section 16056. (b) Any automobile liability policy or bond referred to in this section shall comply with the requirements of Section 16056 and Sections 11580, 11580.011, 11580.1, and 11580.2 of the Insurance Code, but need not contain provisions other than those required by those sections, and shall not be governed by Chapter 3 (commencing with Section 16430).