SENATE BILL REPORT
SB 5095
This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent. |
As of January 29, 2013
Title: An act relating to providing proof of financial responsibility for motor vehicle operation.
Brief Description: Providing proof of financial responsibility for motor vehicle operation.
Sponsors: Senators Roach, Tom, Rivers, Becker, Holmquist Newbry, Schoesler, Ericksen, Padden, Bailey, Hill and Honeyford.
Brief History:
Committee Activity: Financial Institutions, Housing & Insurance: 1/24/13.
SENATE COMMITTEE ON FINANCIAL INSTITUTIONS, HOUSING & INSURANCE |
Staff: Edward Redmond (786-7471)
Background: Persons operating vehicles in Washington are required to carry proof that they are covered by a motor vehicle liability insurance policy, self-insurance, a certificate of deposit, or a liability bond. Insurance companies that issue or renew motor vehicle liability insurance policies must provide the policyholder with an insurance identification card.Failure to provide proof of insurance when requested to do so by a law enforcement officer creates a presumption that the person does not have insurance. Failure to provide proof of insurance is a traffic infraction.
Summary of Bill: The options for providing proof of insurance are expanded. A policyholder may provide proof of insurance to a law enforcement officer either through information displayed on a card or on a mobile electronic device.
Appropriation: None.
Fiscal Note: Requested on January 23, 2013.
Committee/Commission/Task Force Created: No.
Effective Date: Ninety days after adjournment of session in which bill is passed.
Staff Summary of Public Testimony: PRO: This is forward thinking legislation that utilizes advancements in technology to provide proof of insurance. This is also a crime prevention bill; it will help prevent identity theft that can occur by leaving your insurance information in your glove compartment. Property Insurance of America is in support of this bill. This bill is directly on point with the industry model. The model bill also addresses two significant pieces. First, it addresses what the officer can view on the device. It specifically limits the viewing of content for insurance verification. Second, it deals with liability issues. If the driver chooses to use this as a form of verification, they assume liability for any damage caused to the phone. Finally, another section in the RCW is amended to provide clarity as to what can be used for insurance verification.
OTHER: The Washington State Patrol (WSP) does not have an official position on the bill, only general comments. One concern deals with liability when the electronic device is given to the officer. These devices may be expensive; when they are handed over to the officer they may be exposed to inclement weather conditions or damaged when handled. Inadvertent viewing of information on devices is another concern. Finally, the officer's safety is a primary concern for WSP. If these devices are given for proof of insurance, it could draw the officer's attention away from the violator and the roadside.
American Insurance Association supports the concept behind the bill. Oregon and California have similar legislation the committee should look at as models. There is also an industry model bill that we can support.
Persons Testifying: PRO: Senator Roach, prime sponsor; Mel Sorenson, Property Causality Insurance of America.
OTHER: Captain Rob Huss, WSP; Cliff Webster, American Insurance Assn.