BILL NUMBER: AB 2151	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 24, 2010

INTRODUCED BY   Assembly Member Torres

                        FEBRUARY 18, 2010

    An act to amend Section 3102 of the Government Code,
relating to public employment.   An act to amend Section
557.5 of the Insurance Code, and to amend Section 16051 of the
Vehicle Code, relating to insurance. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2151, as amended, Torres.  Public employment: disaster
service workers: oath or affirmation of allegiance.  
Insurance: public safety employees: accidents.  
   Existing law provides that a peace officer, member of the
Department of the California Highway Patrol, or firefighter shall not
be required to report any accident in which he or she is involved
while operating any employer-leased or employer-rented vehicle, in
the performance of his or her duty during the hours of his or her
employment, to any person who has issued that peace officer, member
of the Department of the California Highway Patrol, or firefighter a
private automobile insurance policy.  
   This bill would additionally provide that a peace officer, member
of the Department of the California Highway Patrol, or firefighter
shall not be required to report, and the employer of the same may not
require or request that a peace officer, member of the Department of
the California Highway Patrol, or firefighter report, any accident
in which he or she is involved while operating his or her private
vehicle at the request or direction of his or her employer in the
performance of his or her duty to any person who has issued that
peace officer, member of the Department of the California Highway
Patrol, or firefighter a private automobile insurance policy. The
bill would make conforming changes relating to proof of financial
responsibility, in the event of an accident involving a vehicle
operated on behalf of a public agency.  
   Existing law requires all disaster service workers to, before they
enter upon the duties of their employment, take and subscribe to an
oath or affirmation, as specified. Existing law authorizes, in the
case of intermittent, temporary, emergency or successive employments
and in the discretion of the employing agency, the taking and
subscribing of that oath to be effective for all successive periods
of employment which commence within one calendar year from the date
of that subscription. Notwithstanding that provision, the oath taken
and subscribed by a person who is a member of an emergency
organization sanctioned by a state agency or an accredited disaster
council, whose members are duly enrolled or registered with the
Office of Emergency Services, or any accredited disaster council of
any political subdivision, is effective for the period the person
remains a member with that organization.  
   Existing law requires the term "Office of Emergency Services" to
be construed to refer to the California Emergency Management Agency
whenever it appears in any statute, regulation, or contract, unless
the context clearly requires otherwise.  
   This bill would replace the term "Office of Emergency Services"
with the term "California Emergency Management Agency" in the above
described provision pertaining to oaths. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 557.5 of the  
Insurance Code   is amended to read: 
   557.5.   No   (a)     A
 peace officer, member of the Department of the California
Highway Patrol, or firefighter shall  not  be required to
 report, nor shall any employer of the same be authorized to
request or require that a peace officer, member of the Department of
the California Highway Patrol, or firefighter  report  ,
 any accident in which he or she is involved while operating an
authorized emergency vehicle, as defined in subdivision (a), (b), or
(f) of Section 165 of the Vehicle Code,  or  any
employer-leased or employer-rented vehicle  , or any private
vehicle of the employee if operated at the request or direction of
the employer  in the performance of his or her duty 
during the hours of his or her employment,  to any person
who has issued that peace officer, member of the Department of the
California Highway Patrol, or firefighter a private automobile
insurance policy.  Peace officers, members of the Department of
the California Highway Patrol, and firefighters shall be indemnified
for losses from an accident described in this section pursuant to
Section 825 of the Government Code.  
    As 
    (b)     As  used in this section:

   (a)
    (1)  "Peace officer" means every person defined in
Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the
Penal Code. 
   (b) 
    (2)  "Policy" shall have the same meaning as defined in
subdivision (a) of Section 660.
   SEC. 2.    Section 16051 of the   Vehicle
Code   is amended to read: 
   16051.   Evidence   (a)    
Evidence  may be established by filing a report indicating that
the motor vehicle involved in the accident was owned, rented, or
leased by or under the direction of the United States, this state, or
any political subdivision of this state or municipality thereof.

   (b) Evidence may be established by filing a report indicating that
the motor vehicle involved in the accident was owned and operated by
a peace officer, member of the Department of the California Highway
Patrol, or firefighter in the performance of his or her duty, and at
the request of or under the direction of the United States, this
state, or any political subdivision or municipality of this state.
 
  SECTION 1.    Section 3102 of the Government Code
is amended to read:
   3102.  (a) All disaster service workers shall, before they enter
upon the duties of their employment, take and subscribe to the oath
or affirmation required by this chapter.
   (b) In the case of intermittent, temporary, emergency or
successive employments, then in the discretion of the employing
agency, an oath taken and subscribed as required by this chapter
shall be effective for the purposes of this chapter for all
successive periods of employment which commence within one calendar
year from the date of that subscription.
   (c) Notwithstanding subdivision (b), the oath taken and subscribed
by a person who is a member of an emergency organization sanctioned
by a state agency or an accredited disaster council, whose members
are duly enrolled or registered with the California Emergency
Management Agency, or any accredited disaster council of any
political subdivision, shall be effective for the period the person
remains a member with that organization.