California Assembly Bill AB1708 Introduced / Bill

 BILL NUMBER: AB 1708INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Gatto FEBRUARY 15, 2012 An act to amend Section 515 of the Insurance Code, and to amend Section 16028 of the Vehicle Code, relating to insurance. LEGISLATIVE COUNSEL'S DIGEST AB 1708, as introduced, Gatto. Insurance: proof: mobile electronic device. Existing law requires every driver and every owner of a motor vehicle to be able to establish financial responsibility, and, at all times, carry in the vehicle evidence of a form of financial responsibility, which may be obtained by a law enforcement officer from the electronic reporting system established by the Department of Motor Vehicles. Existing law requires, upon the demand of a peace officer, that evidence of financial responsibility be provided by a person driving a motor vehicle. Existing law requires a driver who is issued a notice to appear for any alleged violation of the Vehicle Code or the driver of a motor vehicle involved in an accident to furnish written evidence of financial responsibility. Existing requires an insurer issuing policies of automobile liability insurance or motor vehicle liability insurance, upon the request of its insured or the Department of Motor Vehicles, to promptly issue written verification as to the existence of that coverage. This bill would require an insurer issuing policies of automobile liability insurance or motor vehicle insurance to issue, upon the request of the insured, verification as to the existence of the coverage to a mobile electronic device, as defined. The bill would allow a person required to provide evidence of financial responsibility, under those circumstances, through the use of a mobile electronic device. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 515 of the Insurance Code is amended to read: 515.  (a)    Notwithstanding any other provision of law, any insurer issuing policies of automobile liability insurance or motor vehicle liability insurance shall, upon request of either the named insured or the Department of Motor Vehicles, promptly issue to that person or the department written verification as to the existence of that coverage  , and issue, upon the request of the insured, verification as to the existence of that coverage, to a mobile electronic device  .  (b)     For purposes of this section, "mobile electronic device" has the same meaning as defined in Section 16028 of the Vehicle Code.  SEC. 2. Section 16028 of the Vehicle Code is amended to read: 16028. (a) Upon the demand of a peace officer pursuant to subdivision (b) or upon the demand of a peace officer or traffic collision investigator pursuant to subdivision (c), every person who drives a motor vehicle upon a highway shall provide evidence of financial responsibility for the vehicle that is in effect at the time the demand is made.  The evidence of financial responsibility may be provided using a mobile electronic device.  However, a peace officer shall not stop a vehicle for the sole purpose of determining whether the vehicle is being driven in violation of this subdivision. (b) Whenever a notice to appear is issued for any alleged violation of this code, except a violation specified in Chapter 9 (commencing with Section 22500) of Division 11 or any local ordinance adopted pursuant  thereto   to that chapter  , the cited driver shall furnish written evidence of financial responsibility  or provide verification of evidence of financial responsibility using a mobile electronic device  upon request of the peace officer issuing the citation. The peace officer shall request and write the driver's evidence of financial responsibility on the notice to appear, except when the peace officer is unable to write the driver's evidence of financial responsibility on the notice to appear due to an emergency that requires his or her presence elsewhere. If the cited driver fails to provide evidence of financial responsibility at the time the notice to appear is issued, the peace officer may issue the driver a notice to appear for violation of subdivision (a). The notice to appear for violation of subdivision (a) shall be written on the same citation form as the original violation. (c) Whenever a peace officer, or a regularly employed and salaried employee of a city or county who has been trained as a traffic collision investigator, is summoned to the scene of an accident described in Section 16000, the driver of any motor vehicle that is in any manner involved in the accident shall furnish written evidence of financial responsibility  or provide verification of evidence of financial responsibility using a mobile electronic device  upon the request of the peace officer or traffic collision investigator. If the driver fails to provide evidence of financial responsibility when requested, the peace officer may issue the driver a notice to appear for violation of this subdivision. A traffic collision investigator may cause a notice to appear to be issued for a violation of this subdivision, upon review of that citation by a peace officer. (d) (1) If, at the time a notice to appear for a violation of subdivision (a) is issued, the person is driving a motor vehicle owned or leased by the driver's employer, and the vehicle is being driven with the permission of the employer, this section shall apply to the employer rather than the driver. In that case, a notice to appear shall be issued to the employer rather than the driver, and the driver may sign the notice on behalf of the employer. (2) The driver shall notify the employer of the receipt of the notice issued pursuant to paragraph (1) not later than five days after receipt. (e) A person issued a notice to appear for a violation of subdivision (a) may personally appear before the clerk of the court, as designated in the notice to appear, and provide written evidence of financial responsibility  or provide verification of evidence of financial responsibility using a mobile electronic device  in a form consistent with Section 16020, showing that the driver was in compliance with that section at the time the notice to appear for violating subdivision (a) was issued. In lieu of the personal appearance, the person may submit by mail to the court written evidence of having had financial responsibility at the time the notice to appear was issued. Upon receipt by the clerk of that written evidence of financial responsibility  or verification of evidence of financial responsibility using a mobile electronic device  in a form consistent with Section 16020, further proceedings on the notice to appear for the violation of subdivision (a) shall be dismissed.  (f) For purposes of this section, "mobile electronic device" means a small, hand-held computing and communication device that has a display screen with touch input or a miniature keyboard.