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AB-1698 Driver records: points: distracted driving.(2017-2018)

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Date Published: 06/13/2018 09:00 PM
AB1698:v98#DOCUMENT

Amended  IN  Senate  June 13, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1698


Introduced by Committee on Insurance (Assembly Members Daly (Chair), Melendez (Vice Chair), Bigelow, Caballero, Calderon, Chu, Cooley, Cooper, Dababneh, and Frazier) Assembly Member Daly

February 27, 2017


An act to amend Section 11629.77 of, to repeal Section 11629.83 of, and to repeal and add 11629.79 of, the Insurance Code, relating to automobile insurance. repeal Section 12810.3 of the Vehicle Code, relating to driver’s licenses.


LEGISLATIVE COUNSEL'S DIGEST


AB 1698, as amended, Committee on Insurance Daly. Low-cost automobile insurance program. Driver records: points: distracted driving.
Existing law prohibits a person from driving a motor vehicle while using a wireless telephone unless that telephone is specifically designed and configured to allow hands-free listening and talking, and is used in that manner while driving. Existing law also prohibits a person from driving while holding and operating a handheld wireless telephone or an electronic wireless communications device unless the telephone or device is specifically designed and configured to allow voice-operated and hands-free operation, and is used in that manner while driving. Under existing law, a person who is 18 years of age or younger is prohibited from driving while using a wireless telephone or an electronic wireless communications device, even if equipped with a hands-free device.
Existing law counts specified convictions and violations under the Vehicle Code and traffic-related incidents as points against a driver’s record for purposes of suspension or revocation of the privilege to drive, but exempts certain other violations from resulting in a violation point. Existing law exempts an electronic device violation described above from being counted as a point against a driver’s record for purposes of suspension or revocation of the privilege to drive.
This bill would abolish that exemption, thereby making those violations subject to a violation point against the driver’s record.

Existing law establishes within the California Automobile Assigned Risk Plan (CAARP) a low-cost automobile insurance program for all counties in California, until January 1, 2020, in order to provide a means for eligible consumers to buy automobile insurance, as specified. The parameters of the program include, but are not limited to, a surcharge for specified high-risk drivers, eligibility, sales commissions rates, cancellation restrictions, and reporting requirements. Existing law also requires the CAARP Advisory Committee to submit reports to the Insurance Commissioner on specified proposals, including, among others, allowing a consumer to reinstate, in lieu of canceling, all policies that have been canceled for nonpayment of premium and allowing program access to applicants who are 16 to 18 years of age, economically independent, and who meet other eligibility guidelines. Existing law required these reports to have been submitted by January 1, 2016, or July 1, 2016, as specified.

This bill would delete the reporting requirements described above and other obsolete provisions.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 12810.3 of the Vehicle Code is repealed.
12810.3.

Notwithstanding subdivision (f) of Section 12810, a violation point shall not be given for a conviction of a violation of subdivision (a) of Section 23123, subdivision (a) of Section 23123.5, or subdivision (b) of Section 23124.

SECTION 1.Section 11629.77 of the Insurance Code is amended to read:
11629.77.

(a)A low-cost automobile insurance policy issued pursuant to the program shall be canceled only for the following reasons:

(1)Nonpayment of premium.

(2)Fraud or material misrepresentation affecting the policy or the insured.

(3)The purchase of additional automobile liability insurance coverage in violation of subdivision (a) of Section 11629.78.

(4)The purchase or maintenance of automobile liability insurance coverage other than a low-cost policy for any additional vehicles in the insured’s household, in violation of subdivision (b) of Section 11629.78.

(b)A policy shall be nonrenewed only for the following reasons:

(1)A substantial increase in the hazard insured against.

(2)The insured no longer meets the applicable eligibility requirements. In this regard, the eligibility of an insured shall be recertified by the California Automobile Assigned Risk Plan after the first year of eligibility, and annually thereafter by the insurer that issued the policy.

SEC. 2.Section 11629.79 of the Insurance Code is repealed.
SEC. 3.Section 11629.79 is added to the Insurance Code, to read:
11629.79.

The low-cost automobile insurance program shall be made operational in all counties according to the discretion of the commissioner. The commissioner, in consultation with the California Automobile Assigned Risk Plan, shall adopt regulations to implement the program.

SEC. 4.Section 11629.83 of the Insurance Code is repealed.