California 2011-2012 Regular Session Status: Enacted

AB 2298 — Insurance: public safety employees: accidents.

Last action — Chaptered by Secretary of State - Chapter 823, Statutes of 2012.

  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 24, 2012. 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 7 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 provides that no insurer shall, in issuing or renewing a private automobile insurance policy to a peace officer, member of the Department of the California Highway Patrol, or firefighter, with respect to his or her operation of a private motor vehicle, increase the premium on that policy for the reason that the insured or applicant for insurance has been involved in an accident while operating an authorized emergency vehicle, as defined, in the performance of his or her duty during the hours of his or her employment. This bill would also provide that no insurer shall, in issuing or renewing a private automobile insurance policy to a peace officer, member of the Department of the California Highway Patrol, or firefighter, with respect to his or her operation of a private passenger motor vehicle, increase the premium on that policy for the reason that the insured or applicant for insurance has been involved in an accident while operating his or her private passenger motor vehicle in the performance of his or her duty at the request or direction of the employer. 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 provide that, in the event of a loss or injury that occurs as the result of an accident during any time period when a private passenger motor vehicle is operated by an employee who is a peace officer, member of the Department of the California Highway Patrol, or firefighter and used by him or her at the request or direction of the employer in the performance of the employee's duty, the vehicle's owner shall have no liability, and the employer shall be considered the owner of the vehicle for the purpose of any liability and defense of the claim. The bill would require the peace officer, member of the Department of the California Highway Patrol, or firefighter to report and provide, within 10 days of the accident, to his or her private automobile insurer all documentation and information known to him or her related to the accident. The bill would impose a similar duty on both the employer and employee if it is subsequently discovered that the employer did not direct or request the employee to use the vehicle when the loss occurred. The bill would prohibit, only under specified circumstances, a good faith delay by an employee in reporting the accident to his or her private passenger motor vehicle liability insurer, under the circumstances described, from being used by the insurer as a basis to claim delayed reporting, noncooperation, prejudice, or the like as a means of avoiding the defense or indemnity obligations that would otherwise exist under the terms of the automobile liability insurance policy or applicable law in the absence of delayed reporting. The bill would make conforming changes relating to proof of financial responsibility and adverse underwriting decisions, in the event of an accident involving a private passenger motor vehicle operated on behalf of a public agency, as specified.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 823, Statutes of 2012.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 2:30 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 66. Noes 10. Page 6655.).

  5. Assembly Rule 77 suspended. (Page 6605.)

  6. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 31 pursuant to Assembly Rule 77.

  7. Read third time. Passed. Ordered to the Assembly. (Ayes 33. Noes 2. Page 4944.).

  8. Read second time. Ordered to third reading.

  9. Ordered to second reading.

  10. Withdrawn from committee.

  11. Re-referred to Com. on RLS. pursuant to Senate Rule 29.10(c).

  12. Read second time. Ordered to third reading.

  13. Read third time and amended. Ordered to second reading.

  14. Read second time and amended. Ordered to third reading.

  15. From committee: Do pass as amended. (Ayes 7. Noes 0.) (August 16).

  16. In committee: Referred to APPR. suspense file.

  17. Read second time and amended. Re-referred to Com. on APPR.

  18. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (July 3).

  19. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB. S.

  20. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB. S.

  21. In committee: Hearing postponed by committee.

  22. Referred to Com. on PUB. S.

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

  24. Read third time. Passed. Ordered to the Senate. (Ayes 72. Noes 0. Page 4674.)

  25. Read second time. Ordered to consent calendar.

  26. From committee: Do pass. To consent calendar. (Ayes 9. Noes 0.) (April 24).

  27. Re-referred to Com. on B., P. & C.P.

  28. From committee chair, with author's amendments: Amend, and re-refer to Com. on B., P. & C.P. Read second time and amended.

  29. Referred to Com. on B., P. & C.P.

  30. Read first time.

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

  32. Introduced. To print.

Sponsors

  • Solorio · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 3 voted No

Sponsors (1)

  • Solorio

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 2298 SOLORIO Concurrence in Senate Amendments

Passed 66 Yea · 10 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 65804
Republican 0200
Democratic 1000
Total 661004
% of votes cast 83%13%0%5%
How each member voted (80)
Member Party Vote
Gordon — Nay
Hagman — Yea
Butler — Yea
Eng — Yea
Yamada — Yea
Fuentes — Yea
Fong — Yea
Campos — Yea
Furutani — Yea
Allen — Yea
Garrick — Yea
Gatto — Yea
Halderman — Yea
Hall — Yea
Carter — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Hayashi — Yea
Fletcher — Yea
Hill — Yea
Huffman — Yea
Cedillo — Yea
Jeffries — Yea
Bonilla — Yea
Atkins — Yea
Lara — Yea
Alejo — Yea
Beall — Yea
Block — Yea
Chesbro — Yea
Conway — Yea
Davis — Yea
Logue — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Nestande — Yea
Olsen — Yea
Pan — Yea
Silva — Nay
Skinner — Yea
Solorio — Yea
Torres — Yea
Wagner — Yea
Williams — Yea
Gorell — Not Voting
Cook — Not Voting
Hueso — Not Voting
Donnelly — Nay
Morrell — Nay
Norby — Not Voting
Valadao — Nay
Achadjian — Yea
Ammiano — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Nay
Huber — Yea
Knight — Yea
Ma — Yea
Mansoor — Nay
Nielsen — Yea
Perea — Yea
Smyth — Yea
Swanson — Yea
Wieckowski — Yea
Feuer — Yea
Dickinson — Yea
Galgiani — Yea
Beth Gaines — Nay
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

3rd Reading AB2298 Solorio By Leno

Passed 33 Yea · 2 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 30205
Republican 1000
Democratic 2000
Total 33205
% of votes cast 83%5%0%13%
How each member voted (40)
Member Party Vote
Yee — Nay
Harman — Yea
Lowenthal — Yea
De León — Yea
Hernandez — Yea
Anderson — Yea
DeSaulnier — Yea
Huff — Yea
Kehoe — Yea
Liu — Yea
Price — Yea
Walters — Yea
Wright — Yea
Wyland — Not Voting
Negrete McLeod — Yea
Rubio — Yea
Evans — Yea
Fuller — Yea
Runner — Not Voting
Cannella — Yea
Hancock — Not Voting
Corbett — Yea
Correa — Yea
Dutton — Yea
Lieu — Not Voting
Vargas — Yea
Alquist — Yea
Blakeslee — Nay
Leno — Yea
Pavley — Not Voting
Simitian — Yea
Steinberg — Yea
Wolk — Yea
Emmerson — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass as amended.

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Steinberg — Yea
Alquist — Yea
Kehoe — Yea
Lieu — Yea
Price — Yea
Walters — Yea
Dutton — Yea

Official roll call →

Placed on Appropriations Suspense file.

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Kehoe — Yea
Lieu — Yea
Alquist — Yea
Dutton — Yea
Price — Yea
Steinberg — Yea
Walters — Yea

Official roll call →

AB 2298 MA Consent Calendar Second Day

Passed 72 Yea · 0 Nay · 8 Other
Party YeaNayPresentNot Voting
Republican 1001
Unaffiliated 70007
Democratic 1000
Total 72008
% of votes cast 90%0%0%10%
How each member voted (80)
Member Party Vote
Hall — Not Voting
Hill — Yea
Butler — Yea
Huber — Yea
Carter — Yea
Logue — Yea
Fong — Yea
Cedillo — Yea
Allen — Yea
Alejo — Yea
Cook — Yea
Olsen — Yea
Wagner — Yea
Yamada — Yea
Fuentes — Yea
Galgiani — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Garrick — Yea
Gordon — Yea
Gorell — Yea
Campos — Yea
Hagman — Yea
Atkins — Yea
Halderman — Yea
Harkey — Yea
Fletcher — Not Voting
Bonilla — Not Voting
Hayashi — Yea
Huffman — Yea
Jeffries — Yea
Lara — Yea
Beall — Yea
Block — Yea
Chesbro — Yea
Conway — Yea
Davis — Yea
Donnelly — Yea
Ma — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Nestande — Yea
Nielsen — Yea
Pan — Yea
Silva — Yea
Skinner — Yea
Solorio — Yea
Swanson — Yea
Valadao — Yea
Wieckowski — Yea
Achadjian — Yea
Ammiano — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hueso — Yea
Knight — Yea
Mansoor — Yea
Morrell — Yea
Norby — Yea
Perea — Yea
Smyth — Not Voting
Torres — Yea
Williams — Not Voting
Eng — Yea
Feuer — Yea
Dickinson — Yea
Furutani — Not Voting
Gatto — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Not Voting
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Not Voting

Official roll call →

Do pass, to Consent Calendar.

Passed 9 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 9000
Total 9000
% of votes cast 100%0%0%0%
How each member voted (9)
Member Party Vote
Hagman — Yea
Allen — Yea
Eng — Yea
Hill — Yea
Ma — Yea
Smyth — Yea
Hayashi — Yea
Butler — Yea
Bill Berryhill — Yea

Official roll call →

Subjects

public-safety
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 2298 do?
Existing law provides that no insurer shall, in issuing or renewing a private automobile insurance policy to a peace officer, member of the Department of the California Highway Patrol, or firefighter, with respect to his or her operation of a private motor vehicle, increase the premium on that policy for the reason that the insured or applicant for insurance has been involved in an accident while operating an authorized emergency vehicle, as defined, in the performance of his or her duty during the hours of his or her employment. This bill would also provide that no insurer shall, in issuing or renewing a private automobile insurance policy to a peace officer, member of the Department of the California Highway Patrol, or firefighter, with respect to his or her operation of a private passenger motor vehicle, increase the premium on that policy for the reason that the insured or applicant for insurance has been involved in an accident while operating his or her private passenger motor vehicle in the performance of his or her duty at the request or direction of the employer. 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 provide that, in the event of a loss or injury that occurs as the result of an accident during any time period when a private passenger motor vehicle is operated by an employee who is a peace officer, member of the Department of the California Highway Patrol, or firefighter and used by him or her at the request or direction of the employer in the performance of the employee's duty, the vehicle's owner shall have no liability, and the employer shall be considered the owner of the vehicle for the purpose of any liability and defense of the claim. The bill would require the peace officer, member of the Department of the California Highway Patrol, or firefighter to report and provide, within 10 days of the accident, to his or her private automobile insurer all documentation and information known to him or her related to the accident. The bill would impose a similar duty on both the employer and employee if it is subsequently discovered that the employer did not direct or request the employee to use the vehicle when the loss occurred. The bill would prohibit, only under specified circumstances, a good faith delay by an employee in reporting the accident to his or her private passenger motor vehicle liability insurer, under the circumstances described, from being used by the insurer as a basis to claim delayed reporting, noncooperation, prejudice, or the like as a means of avoiding the defense or indemnity obligations that would otherwise exist under the terms of the automobile liability insurance policy or applicable law in the absence of delayed reporting. The bill would make conforming changes relating to proof of financial responsibility and adverse underwriting decisions, in the event of an accident involving a private passenger motor vehicle operated on behalf of a public agency, as specified.
Who sponsors AB 2298?
AB 2298 is sponsored by Solorio.
What is the current status of AB 2298?
This bill has been enacted into law. Introduced February 24, 2012. Enacted.
Where can I track AB 2298?
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