California 2009-2010 Regular Session Status: Enacted

AB 1871 — Private passenger motor vehicle insurance coverage: personal vehicle sharing.

Last action — Chaptered by Secretary of State - Chapter 454, Statutes of 2010.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 12, 2010. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 5 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law prohibits an insured motor vehicle from being classified as a common carrier, livery, or for-hire vehicle solely for the reason that the named insured is performing volunteer services for a nonprofit charitable organization or governmental agency consisting of providing social service transportation, as defined. This bill would prohibit a private passenger motor vehicle, as defined, from being classified for insurance purposes as a commercial, for-hire, or permissive use vehicle, or livery solely on the basis of it being used for personal vehicle sharing, as defined, if the annual revenue received by the vehicle's owner that is generated by personal vehicle sharing does not exceed the annual expenses of owning and operating the vehicle, including, but not limited to, depreciation, interest, lease payments, automobile loan payments, insurance, maintenance, parking, and fuel, and the personal vehicle sharing is conducted pursuant to a personal vehicle sharing program. The bill would define a personal vehicle sharing program as a legal entity qualified to do business in the state that facilitates personal vehicle sharing, as specified. The bill would require a personal vehicle sharing program, among other things, during all times that the vehicle is engaged in personal vehicle sharing, to provide insurance coverage, as specified, and collect, maintain, and make available to the vehicle owner and the vehicle owner's primary automobile liability insurer verifiable electronic records identifying the date, time, initial and final locations of the vehicle, and miles driven when it is being used as part of the personal vehicle sharing program. The bill would limit the circumstances under which the vehicle owner's automobile liability insurance can be subject to liability, and require that automobile insurance policies not be canceled, voided, terminated, rescinded, or nonrenewed solely on the basis that the private passenger motor vehicle has been made available for personal vehicle sharing. The bill would authorize the insurer of the vehicle to exclude any and all coverage afforded under the vehicle owner's automobile insurance policy while the vehicle is used by a person other than the owner as part of a personal vehicle sharing program, and would provide the primary and excess insurers of owners, operators, and maintainers of the vehicle with the right to inform the insured that it has no duty to defend or indemnify any person or organization for liability for any loss that occurs during use of the vehicle in a personal vehicle sharing program.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 454, Statutes of 2010.

  2. Approved by the Governor.

  3. Enrolled and to the Governor at 4 p.m.

  4. Senate amendments concurred in. To enrollment. (Ayes 74. Noes 0. Page 6735.)

  5. Assembly Rule 77 suspended. (Page 6707.)

  6. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 27 pursuant to Assembly Rule 77.

  7. Read third time, passed, and to Assembly. (Ayes 35. Noes 0. Page 4861.)

  8. Read second time. To third reading.

  9. Read third time, amended. To second reading.

  10. Ordered to third reading.

  11. From Special Consent Calendar pursuant to Joint Rule 22.2.

  12. Ordered to Special Consent Calendar.

  13. Read second time. To third reading.

  14. From committee: Do pass. (Ayes 10. Noes 0.) (June 30).

  15. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B., F. & I.

  16. Referred to Com. on B., F. & I.

  17. In Senate. Read first time. To Com. on RLS. for assignment.

  18. Read third time, passed, and to Senate. (Ayes 75. Noes 0. Page 5568.)

  19. Read third time, amended, and returned to third reading. (Page 5388.).

  20. Read second time. To third reading.

  21. Read second time and amended. Ordered returned to second reading.

  22. From committee: Amend, and do pass as amended. (Ayes 7. Noes 2.) (May 5).

  23. Re-referred to Com. on INS.

  24. From committee chair, with author's amendments: Amend, and re-refer to Com. on INS. Read second time and amended.

  25. In committee: Set, first hearing. Hearing canceled at the request of author.

  26. Referred to Com. on INS.

  27. From printer. May be heard in committee March 18.

  28. Read first time. To print.

Sponsors

  • Jones · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Jones

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 1871 JONES Concurrence in Senate Amendments

Passed 83 Yea · 0 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 77007
Democratic 3000
Republican 3000
Total 83007
% of votes cast 92%0%0%8%
How each member voted (90)
Member Party Vote
Evans — Yea
Feuer — Yea
Charles — Yea
Fuller — Yea
Furutani — Yea
Garrick — Yea
Hagman — Yea
Hall — Yea
Harkey — Yea
Hernandez — Yea
Yamada — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
John — Yea
A. — Yea
Perez — Yea
De — Not Voting
La — Not Voting
Torre — Not Voting
De — Not Voting
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Coto — Yea
Hill — Yea
Huffman — Yea
Jeffries — Yea
Lieu — Yea
Logue — Yea
Mendoza — Yea
Miller — Yea
Nava — Yea
Nestande — Yea
Norby — Yea
Ruskin — Yea
Silva — Yea
Skinner — Yea
Solorio — Yea
Swanson — Yea
Torres — Yea
Torrico — Yea
Bill — Yea
Tom — Yea
Adams — Yea
Ammiano — Yea
Anderson — Yea
Bass — Yea
Beall — Yea
Block — Yea
Leon — Not Voting
Gilmore — Not Voting
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Yea
Knight — Yea
Ma — Yea
Monning — Yea
Nielsen — Yea
Smyth — Yea
Torlakson — Yea
Tran — Not Voting
Villines — Yea
Eng — Yea
Davis — Yea
DeVore — Yea
Fuentes — Yea
Galgiani — Yea
Gatto — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Assembly 3rd Reading AB1871 Jones By Pavley

Passed 36 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 33004
Democratic 2000
Republican 1000
Total 36004
% of votes cast 90%0%0%10%
How each member voted (40)
Member Party Vote
Yee — Yea
Cogdill — Yea
Corbett — Yea
Ducheny — Yea
Florez — Yea
Hancock — Yea
Harman — Not Voting
Hollingsworth — Not Voting
Huff — Yea
Kehoe — Yea
McLeod — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Ashburn — Yea
Blakeslee — Yea
Dutton — Yea
Oropeza — Not Voting
Pavley — Yea
Romero — Yea
Simitian — Yea
Steinberg — Yea
Wolk — Yea
Wright — Yea
Wiggins — Not Voting
Aanestad — Yea
Alquist — Yea
Leno — Yea
Liu — Yea
Price — Yea
Walters — Yea
Cedillo — Yea
Wyland — Yea
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Denham — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 10 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 8001
Democratic 2000
Total 10001
% of votes cast 91%0%0%9%
How each member voted (11)
Member Party Vote
Cogdill — Yea
Lowenthal — Yea
Runner — Yea
Liu — Yea
Kehoe — Yea
Price — Yea
Correa — Yea
Cox — Not Voting
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

AB 1871 JONES Assembly Third Reading

Passed 83 Yea · 0 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 78007
Democratic 3000
Republican 2001
Total 83008
% of votes cast 91%0%0%9%
How each member voted (91)
Member Party Vote
Hagman — Yea
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Coto — Yea
Davis — Yea
Bill — Yea
Eng — Yea
Evans — Yea
Fuentes — Yea
Fuller — Yea
Furutani — Yea
Garrick — Yea
Charles — Yea
Gilmore — Yea
Hall — Yea
Harkey — Yea
Hernandez — Yea
Hill — Yea
Huffman — Yea
De — Yea
Leon — Yea
Jeffries — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
Ammiano — Yea
Bass — Yea
Beall — Yea
Blakeslee — Yea
DeVore — Yea
Lieu — Yea
Logue — Yea
Mendoza — Yea
Miller — Yea
Nava — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Saldana — Yea
John — Yea
A. — Yea
Perez — Yea
Tom — Not Voting
De — Not Voting
La — Not Voting
Torre — Not Voting
Salas — Not Voting
Audra — Not Voting
Nestande — Yea
Norby — Yea
Ruskin — Yea
Skinner — Yea
Smyth — Yea
Torlakson — Yea
Torres — Yea
Torrico — Yea
Villines — Yea
Adams — Yea
Anderson — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Yea
Knight — Yea
Ma — Yea
Monning — Yea
Nielsen — Yea
Silva — Yea
Solorio — Yea
Swanson — Yea
Tran — Yea
Emmerson — Yea
Feuer — Yea
Yamada — Yea
Galgiani — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Not Voting
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Not Voting

Official roll call →

Do pass as amended.

Passed 7 Yea · 2 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 5203
Democratic 1001
Republican 1000
Total 7204
% of votes cast 54%15%0%31%
How each member voted (13)
Member Party Vote
Carter — Yea
Charles — Not Voting
Salas — Not Voting
Hagman — Nay
Torres — Not Voting
Anderson — Nay
Blakeslee — Yea
Hayashi — Yea
Solorio — Yea
Feuer — Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Not Voting
Niello, Roger W. Republican Yea

Official roll call →

Subjects

transportation
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Frequently asked questions

What does AB 1871 do?
Existing law prohibits an insured motor vehicle from being classified as a common carrier, livery, or for-hire vehicle solely for the reason that the named insured is performing volunteer services for a nonprofit charitable organization or governmental agency consisting of providing social service transportation, as defined. This bill would prohibit a private passenger motor vehicle, as defined, from being classified for insurance purposes as a commercial, for-hire, or permissive use vehicle, or livery solely on the basis of it being used for personal vehicle sharing, as defined, if the annual revenue received by the vehicle's owner that is generated by personal vehicle sharing does not exceed the annual expenses of owning and operating the vehicle, including, but not limited to, depreciation, interest, lease payments, automobile loan payments, insurance, maintenance, parking, and fuel, and the personal vehicle sharing is conducted pursuant to a personal vehicle sharing program. The bill would define a personal vehicle sharing program as a legal entity qualified to do business in the state that facilitates personal vehicle sharing, as specified. The bill would require a personal vehicle sharing program, among other things, during all times that the vehicle is engaged in personal vehicle sharing, to provide insurance coverage, as specified, and collect, maintain, and make available to the vehicle owner and the vehicle owner's primary automobile liability insurer verifiable electronic records identifying the date, time, initial and final locations of the vehicle, and miles driven when it is being used as part of the personal vehicle sharing program. The bill would limit the circumstances under which the vehicle owner's automobile liability insurance can be subject to liability, and require that automobile insurance policies not be canceled, voided, terminated, rescinded, or nonrenewed solely on the basis that the private passenger motor vehicle has been made available for personal vehicle sharing. The bill would authorize the insurer of the vehicle to exclude any and all coverage afforded under the vehicle owner's automobile insurance policy while the vehicle is used by a person other than the owner as part of a personal vehicle sharing program, and would provide the primary and excess insurers of owners, operators, and maintainers of the vehicle with the right to inform the insured that it has no duty to defend or indemnify any person or organization for liability for any loss that occurs during use of the vehicle in a personal vehicle sharing program.
Who sponsors AB 1871?
AB 1871 is sponsored by Jones.
What is the current status of AB 1871?
This bill has been enacted into law. Introduced February 12, 2010. Enacted.
Where can I track AB 1871?
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