BILL ANALYSIS
AB 2151
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 2151 (Torres)
As Amended August 20, 2010
Majority vote
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|ASSEMBLY: |72-0 |(May 20, 2010) |SENATE: |31-0 |(August 24, |
| | | | | |2010) |
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Original Committee Reference: INS.
SUMMARY : Provides an exemption from the duty to report
automobile accidents to a private insurer, and limits premium
increases, if the accident occurs while a public safety officer
is driving his or her personal vehicle at the request or
direction of the employer, in the course of the officer's
duties.
The Senate amendments :
1)Prohibit a private passenger automobile insurer from
increasing the premium on a public safety officer's insurance
policy if the accident occurred while the vehicle was being
driven at the request or direction of the employer.
2)Specify that the private passenger automobile insurer does not
have a duty to defend if the accident occurred while the
vehicle was being driven at the request or direction of the
employer.
3)Specify that the employer shall assume responsibility for a
claim if there is a dispute about whether the public safety
officer was driving the private passenger vehicle at the
request or direction of the employer, but allows recovery from
the insurer if it is later determined that the employer did
not direct or request the officer to use the vehicle.
4)Provide that an insurer cannot penalize the public safety
officer for a late report of the accident if the late report
was due to a dispute over whether the employer requested or
directed use of the private vehicle.
5)Clarify that the rules protecting public safety officers when
AB 2151
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they are driving their employer's vehicles apply if the
employer's vehicles are leased.
AS PASSED BY THE ASSEMBLY , this bill provided an exemption for
public safety officers to report accidents to their private
passenger automobile insurers in cases where the employer
requested or directed the officer to use his or her own vehicle.
FISCAL EFFECT : According to the Senate Appropriations Committee
analysis, the Senate amendments pose potentially major costs to
state and local governments depending on the number of accidents
that occur that are covered by the bill, and depending on the
severity (such as a freeway pile-up) of the accidents.
COMMENTS : While the Senate amendments have added a substantial
new content to the bill, all of the amendments are germane to
the primary thrust of the bill as passed by the Assembly
-protecting public safety employees if the public employer
directs or requests use of the officer's personal vehicles on
the job.
Analysis Prepared by : Mark Rakich / INS. / (916) 319-2086
FN: 0006569