BILL ANALYSIS
SB 629
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Date of Hearing: June 27, 2007
ASSEMBLY COMMITTEE ON INSURANCE
Joe Coto, Chair
SB 629 (Correa) - As Introduced: February 22, 2007
SUBJECT : Automobile Insurance and Peace Officers
SUMMARY : Repeals a provision of insurance law that applies
only to peace officers and firefighters. Specifically, this
bill repeals a provision of law that requires any peace officer
or firefighter who has been involved in an accident to submit to
his or her automobile insurer a written declaration stating
whether at the time of the accident he or she was operating an
authorized emergency vehicle in the performance of duty.
EXISTING LAW :
1)Requires any peace officer or firefighter who has been
involved in an accident to submit to his or her automobile
insurer within 30 days of the accident a written declaration,
under penalty of perjury, stating whether at the time of the
accident he or she was operating an authorized emergency
vehicle in the performance of duty. (Section 557.6 of the
Insurance Code)
2)Permits the peace officer or firefighter to submit to the
insurer a copy of the incident report, in lieu of the
above-noted written declaration.
3)Specifies that no peace officer, member of the California
Highway Patrol, or firefighter shall be required to report any
accident in which he or she is involved while operating an
authorized emergency vehicle in the performance of duty to any
person who has issued that peace officer, member of the
California Highway Patrol, or firefighter a private automobile
insurance policy. (Section 557.5 of the Insurance Code)
4)Requires the driver of a motor vehicle who is involved in an
accident that results in property damage over $750 or in
bodily injury or death of a person to report the accident to
the state Department of Motor Vehicles within 10 days, either
personally or through an insurance agent, broker, or legal
representative, unless the motor vehicle involved in the
accident was owned or leased by a federal, state, or local
SB 629
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agency. (Section 16000 of the Vehicle Code)
FISCAL EFFECT : None.
COMMENTS :
1)Purpose. According to the author and the sponsor, the Peace
Officers Research Association of California, two sections of
law are in conflict (Sections 557.5 and 557.6 of the Insurance
Code) and the section that requires peace officers to report
to insurers each time they are involved in a duty accident is
inappropriate and has the potential for abuse (Section 557.6).
The author's office states that a peace officer who may be
involved in an accident related to the dangerous aspects of
their job, such as high-speed police pursuits, should not be
held personally responsible for that on-duty act. The author
also states that he does not believe, nor has any insurer
asserted that there is usefulness for the information required
by Section 557.6, given that the private insurance company is
not liable on behalf of the officer or firefighter while they
are on duty.
2)Sections 557.5 and 557.6 of the Insurance Code are in
conflict. Section 557.5 states that
no peace officer or firefighter can be required to report an
accident in which he or she is involved while operating an
emergency vehicle in the performance of duty to their private
auto insurer. Section 557.6 states that peace officers and
fighters involved in a vehicular accident must submit the
details of that accident to their private auto insurer, and
whether or not he or she was operating an emergency vehicle at
the time.
3)Key question posed by this bill. Should police and
firefighters be required by law to report every accident that
occurs on duty to their automobile insurance company? This
bill would remove that requirement from the state Insurance
Code.
REGISTERED SUPPORT / OPPOSITION :
Support
Peace Officers Research Association of California
SB 629
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California Organization of Police and Sheriffs
Los Angeles County Professional Peace Officers Association
California State Sheriffs Association
California Probation, Parole and Correctional Association
Gary Penrod, Sheriff-Coroner of San Bernardino County
California Professional Firefighters
California State Firefighters' Association, Inc.
Opposition
None received.
Analysis Prepared by : Manny Hernandez / INS. / (916) 319-2086