Bill Text: CA SB1107 | 2021-2022 | Regular Session | Chaptered
Bill Title: Vehicles: insurance.
Spectrum: Moderate Partisan Bill (Democrat 7-1)
Status: (Passed) 2022-09-28 - Chaptered by Secretary of State. Chapter 717, Statutes of 2022. [SB1107 Detail]
Download: California-2021-SB1107-Chaptered.html
Senate Bill
No. 1107
CHAPTER 717
An act to add Section 12960 to the Insurance Code, and to amend, repeal, and add Sections 16056, 16430, 16435, 16451, and 16500 of, the Vehicle Code, relating to vehicles.
[
Approved by
Governor
September 28, 2022.
Filed with
Secretary of State
September 28, 2022.
]
LEGISLATIVE COUNSEL'S DIGEST
SB 1107, Dodd.
Vehicles: insurance.
Existing law requires an owner or operator of a motor vehicle, or an owner of a vehicle used to transport passengers for hire not regulated by the Public Utilities Commission, to maintain liability insurance coverage for the named insured and any other person using the vehicle with permission in the amount of $15,000 for the bodily injury or death of any one person, $30,000 for the bodily injury or death of all persons, and $5,000 for damage to the property of others resulting from any one accident. Existing law defines “proof of financial responsibility” for purposes of the provisions requiring an owner or operator of a motor vehicle to maintain proof of financial responsibility in these amounts, as specified, or to deposit $35,000 with the Department of Motor Vehicles. Under existing law, a violation of the Vehicle Code is a crime.
This bill
would, commencing on January 1, 2025, increase the amount of liability insurance coverage an owner or operator of a motor vehicle, and an owner of a vehicle used to transport passengers for hire not regulated by the Public Utilities Commission, is required to maintain to $30,000 for bodily injury or death of one person, $60,000 for bodily injury or death of all persons, and $15,000 for damage to the property of others as a result of any one accident. The bill would also increase the deposit to $75,000. The bill would, by February 1, 2023, require the Insurance Commissioner to distribute a bulletin to solicit rate applications. The bill would require the rate applications due by July 1, 2023, and a rate change would be effective on or after January 1, 2025. The bill, on January 1, 2035, would increase the minimum amounts of required liability insurance coverage by $20,000 and $40,000 for bodily injury or death of one person and all persons, respectively, and by $10,000 for property damage, and increase the
minimum cash deposit by $50,000. The bill would, by July 1, 2033, require the commissioner to distribute a bulletin to solicit rate applications to effectuate the January 1, 2035 increases. Because the bill would expand the application of an existing crime, it would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
This bill would become operative only if SB 1155 of the 2021–22 Regular Session is enacted and takes effect on or before January 1, 2023.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 12960 is added to the Insurance Code, to read:12960.
The commissioner shall, by February 1, 2023, distribute a bulletin soliciting rate applications from insurers to account for the change to the financial responsibility law in Division 7 (commencing with Section 16000) of the Vehicle Code that will go into operation on January 1, 2025, and require the applications to be submitted by July 1, 2023. A rate change shall only go into effect on or after January 1, 2025, the operative date of the change in the financial responsibility law.SEC. 2.
Section 16056 of the Vehicle Code is amended to read:16056.
(a) No policy or bond shall be effective under Section 16054 unless issued by an insurance company or surety company admitted to do business in this state by the Insurance Commissioner, except as provided in subdivision (b) of this section, nor unless the policy or bond is subject, if the accident has resulted in bodily injury or death, to a limit, exclusive of interest and costs, of not less than fifteen thousand dollars ($15,000) because of bodily injury to or death of one person in any one accident and, subject to that limit for one person, to a limit of not less than thirty thousand dollars ($30,000) because of bodily injury to or death of two or more persons in any one accident, and, if the accident has resulted in injury to, or destruction of property, to a limit of not less than five thousand dollars ($5,000) because of injury to or destruction of property of others in any one accident.(b) No policy or bond shall be effective under Section 16054 with respect to any vehicle which was not registered in this state or was a vehicle which was registered elsewhere than in this state at the effective date of the policy or bond or the most recent renewal thereof, unless the insurance company or surety company issuing the policy or bond is admitted to do business in this state, or if the company is not admitted to do business in this state, unless it executes a power of attorney authorizing the department to accept service on its behalf of notice or process in any action upon the policy or bond arising out of an accident mentioned in subdivision (a).
(c) Any nonresident driver whose driving privilege has been suspended or revoked based upon an action that
requires proof of financial responsibility may, in lieu of providing a certificate of insurance from a company admitted to do business in California, provide a written certificate of proof of financial responsibility that is satisfactory to the department, covers the operation of a vehicle in this state, meets the liability requirements of this section, and is from a company that is admitted to do business in that person’s state of residence.
(d) This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 3.
Section 16056 is added to the Vehicle Code, to read:16056.
(a) No policy or bond shall be effective under Section 16054 unless issued by an insurance company or surety company admitted to do business in this state by the Insurance Commissioner, except as provided in subdivision (b), nor unless the policy or bond is subject, if the accident has resulted in bodily injury or death, to a limit, exclusive of interest and costs, of not less than thirty thousand dollars ($30,000) because of bodily injury to or death of one person in any one accident and, subject to that limit for one person, to a limit of not less than sixty thousand dollars ($60,000) because of bodily injury to or death of two or more persons in any one accident, and, if the accident has resulted in injury to, or destruction of property, to a limit of not less than fifteen thousand dollars ($15,000) because of injury to or destruction of property of others in any one accident.(b) No policy or bond shall be effective under Section 16054 with respect to any vehicle that was not registered in this state or was a vehicle that was registered elsewhere than in this state at the effective date of the policy or bond or the most recent renewal thereof, unless the insurance company or surety company issuing the policy or bond is admitted to do business in this state, or if the company is not admitted to do business in this state, unless it executes a power of attorney authorizing the department to accept service on its behalf of notice or process in any action upon the policy or bond arising out of an accident mentioned in subdivision (a).
(c) Any nonresident driver whose driving privilege has been suspended or revoked based upon an action that requires proof of financial responsibility may,
in lieu of providing a certificate of insurance from a company admitted to do business in California, provide a written certificate of proof of financial responsibility that is satisfactory to the department, covers the operation of a vehicle in this state, meets the liability requirements of this section, and is from a company that is admitted to do business in that person’s state of residence.
(d) On January 1, 2035, the minimum liability coverage shall be increased by twenty thousand dollars ($20,000) for bodily injury or death for one person, by forty thousand dollars ($40,000) for bodily injury or death for all persons, and by ten thousand dollars ($10,000) for property damage.
(e) This section shall become operative on January 1, 2025.
SEC. 4.
Section 16430 of the Vehicle Code is amended to read:16430.
(a) “Proof of financial responsibility,” when required by this code, means proof of financial responsibility resulting from the ownership or operation of a motor vehicle and arising by reason of personal injury to, or death of, any one person, of at least fifteen thousand dollars ($15,000) and, subject to the limit of fifteen thousand dollars ($15,000) for each person injured or killed, of at least thirty thousand dollars ($30,000) for the injury to, or the death of, two or more persons in any one accident, and for damages to property in excess of one thousand dollars ($1,000), of at least five thousand dollars ($5,000) resulting from any one accident. Proof of financial responsibility may be given in any manner authorized in this chapter.(b) This section shall
remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 5.
Section 16430 is added to the Vehicle Code, to read:16430.
(a) “Proof of financial responsibility,” when required by this code, means proof of financial responsibility resulting from the ownership or operation of a motor vehicle and arising by reason of personal injury to, or death of, any one person, of at least thirty thousand dollars ($30,000), and, subject to the limit of thirty thousand dollars ($30,000) for each person injured or killed, of at least sixty thousand dollars ($60,000) for the injury to, or the death of, two or more persons in any one accident, and for damages to property in excess of one thousand dollars ($1,000), of at least fifteen thousand dollars ($15,000) resulting from any one accident. Proof of financial responsibility may be given in any manner authorized in this chapter.(b) (1) On January 1, 2035, the minimum liability coverage shall be increased by twenty thousand dollars ($20,000) for bodily injury or death for each person, by forty thousand dollars ($40,000) for bodily injury or death for all persons, and by ten thousand dollars ($10,000) for property damage.
(2) The Insurance Commissioner shall, by July 1, 2033, distribute a bulletin soliciting rate applications from insurers to effectuate the January 1, 2035, increase and shall process and approve them consistent with the manner outlined in Section 12960 of the Insurance Code.
(c) This section shall become operative on January 1, 2025.
SEC. 6.
Section 16435 of the Vehicle Code is amended to read:16435.
(a) Proof of financial responsibility may be given by the deposit of thirty-five thousand dollars ($35,000), as provided in Section 16054.2. The department shall not accept a deposit where any judgment theretofore obtained against that person as a result of damages arising from the operation of any motor vehicle shall not have been paid in full.(b) This section shall remain in effect until January 1, 2025, and as of that date is repealed.
SEC. 7.
Section 16435 is added to the Vehicle Code, to read:16435.
(a) Proof of financial responsibility may be given by the deposit of seventy-five thousand dollars ($75,000) as provided in Section 16054.2. The department shall not accept a deposit where any judgment theretofore obtained against that person as a result of damages arising from the operation of any motor vehicle shall not have been paid in full.(b) The deposit requirement in subdivision (a) shall be increased by fifty thousand dollars ($50,000) on January 1, 2035.
(c) This section shall become operative on January 1, 2025.
SEC. 8.
Section 16451 of the Vehicle Code is amended to read:16451.
(a) An owner’s policy of motor vehicle liability insurance shall insure the named insured and any other person using any motor vehicle registered to the named insured with the express or implied permission of the named insured, against loss from the liability imposed by law for damages arising out of ownership, maintenance, or use of the motor vehicle within the continental limits of the United States to the extent and aggregate amount, exclusive of interest and costs, with respect to each motor vehicle, of fifteen thousand dollars ($15,000) for bodily injury to or death of each person as a result of any one accident, and, subject to the limit as to one person, the amount of thirty thousand dollars ($30,000) for bodily injury to or death of all persons as a result of any one accident and the amount of five thousand dollars ($5,000) for damage to property of others as a result of any one accident.(b) This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 9.
Section 16451 is added to the Vehicle Code, to read:16451.
(a) An owner’s policy of motor vehicle liability insurance shall insure the named insured and any other person using any motor vehicle registered to the named insured with the express or implied permission of the named insured, against loss from the liability imposed by law for damages arising out of ownership, maintenance, or use of the motor vehicle within the continental limits of the United States to the extent and aggregate amount, exclusive of interest and costs, with respect to each motor vehicle, of thirty thousand dollars ($30,000) for bodily injury to or death of each person as a result of any one accident, and, subject to the limit as to one person, the amount of sixty thousand dollars ($60,000) for bodily injury to or death of all persons as a result of any one accident and the amount of fifteen thousand dollars ($15,000) for damage to property of others as a result of any one accident.(b) On January 1, 2035, the minimum liability coverage shall be increased by twenty thousand dollars ($20,000) for bodily injury or death for one person, by forty thousand dollars ($40,000) for bodily injury or death for all persons, and by ten thousand dollars ($10,000) for property damage.
(c) This section shall become operative on January 1, 2025.
SEC. 10.
Section 16500 of the Vehicle Code is amended to read:16500.
(a) Every owner of a vehicle used in the transportation of passengers for hire, including taxicabs, when the operation of the vehicle is not subject to regulation by the Public Utilities Commission, shall maintain, whenever the owner may be engaged in conducting those operations, proof of financial responsibility resulting from the ownership or operation of the vehicle and arising by reason of personal injury to, or death of, any one person, of at least fifteen thousand dollars ($15,000), and, subject to the limit of fifteen thousand dollars ($15,000) for each person injured or killed, of at least thirty thousand dollars ($30,000) for the injury to, or the death of, two or more persons in any one accident, and for damages to property of at least five thousand dollars ($5,000) resulting from any one accident. Proof of financial responsibility may be maintained by either:(1) Being insured under a motor vehicle liability policy against that liability.
(2) Obtaining a bond of the same kind, and containing the same provisions, as those bonds specified in Section 16434.
(3) By depositing with the department thirty-five thousand dollars ($35,000), which amount shall be deposited in a special deposit account with the Controller for the purpose of this section.
(4) Qualifying as a self-insurer under Section 16053.
(b) The department shall return the deposit to the person entitled thereto when they are no longer required to maintain proof of financial responsibility as required
by this section or upon their death.
(c) This section shall remain in effect until January 1, 2025, and as of that date is repealed.
SEC. 11.
Section 16500 is added to the Vehicle Code, to read:16500.
(a) (1) Every owner of a vehicle used in the transportation of passengers for hire, including taxicabs, when the operation of the vehicle is not subject to regulation by the Public Utilities Commission, shall maintain, whenever the owner may be engaged in conducting those operations, proof of financial responsibility resulting from the ownership or operation of the vehicle and arising by reason of personal injury to, or death of, any one person, of at least thirty thousand dollars ($30,000), and, subject to the limit of thirty thousand dollars ($30,000) for each person injured or killed, of at least sixty thousand dollars ($60,000) for the injury to, or the death of, two or more persons in any one accident, and for damages to property of at least fifteen thousand dollars ($15,000) resulting from any one accident.(2) Proof of financial responsibility may be maintained by any of the following:
(A) Being insured under a motor vehicle liability policy against that liability.
(B) Obtaining a bond of the same kind, and containing the same provisions, as those bonds specified in Section 16434.
(C) By depositing with the department seventy-five thousand dollars ($75,000), which shall be deposited in a special deposit account with the Controller for the purpose of this section.
(D) Qualifying as a self-insurer under Section 16053.
(b) The department shall return the deposit to the person entitled thereto when
the person is no longer required to maintain proof of financial responsibility as required by this section or upon the person’s death.
(c) On January 1, 2035, each of the following shall occur:
(1) The minimum liability coverage shall be increased by twenty thousand dollars ($20,000) for bodily injury or death for one person, by forty thousand dollars ($40,000) for bodily injury or death for all persons, and by ten thousand dollars ($10,000) for property damage.
(2) The deposit requirement in subparagraph (C) of paragraph (2) of subdivision (a) shall be increased by fifty thousand dollars ($50,000).
(d) This section shall become operative on January 1, 2025.
