BILL ANALYSIS
SB 629
Page 1
SENATE THIRD READING
SB 629 (Correa)
As Introduced February 22, 2007
Majority vote
SENATE VOTE :38-0
INSURANCE 9-0
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|Ayes:|Coto, Benoit, Berg, | | |
| |Carter, De Leon, Duvall, | | |
| |Garrick, Lieber, Parra | | |
|-----+--------------------------+-----+--------------------------|
| | | | |
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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/her automobile insurance company a written declaration
stating whether at the time of the accident he/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/her automobile
insurance company 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. (Insurance Code
Section 557.6)
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/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
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insurance policy. (Insurance Code Section 557.5)
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
agency.
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 (Insurance Code Sections 557.5 and 557.6)
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 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)Insurance Code Sections 557.5 and 557.6 are in conflict:
Section 557.5 states that
no peace officer or firefighter can be required to report an
accident in which he/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
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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.
Analysis Prepared by : Manny Hernandez / INS. / (916) 319-2086
FN: 0001710