SENIOR ASSEMBLY PROPOSAL NO. 3

INTRODUCED BY SENIOR ASSEMBLY MEMBER Young

LEGISLATIVE COUNSEL'S DIGEST

AP 3:  AUTO INSURANCE FOR PROVIDERS OF IN-HOME SUPPORTIVE SERVICES.

UNDER EXISTING LAW AN IN-HOME SUPPORTIVE SERVICES (IHSS) PROVIDER THAT USES HIS OR HER PERSONAL VEHICLE FOR THE TRANSPORTATION OF AN IHSS RECIPIENT TO AND FROM MEDICAL OR OTHER NECESSARY APPOINTMENTS IS CONSIDERED TO BE USING HIS OR HER VEHICLE "IN THE COURSE OF EMPLOYMENT," AN ACTIVITY THAT IS NOT REQUIRED TO BE COVERED UNDER MOST PERSONAL USE AUTOMOBILE INSURANCE POLICIES.

THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD REQUIRE PERSONAL USE AUTOMOBILE INSURANCE POLICIES TO INCLUDE COVERAGE FOR THE USE OF A VEHICLE OWNED BY AN IHSS PROVIDER WHEN PROVIDING AN IHSS RECIPIENT WITH TRANSPORTATION TO MEDICAL APPOINTMENTS AND OTHER IHSS
AUTHORIZED ACTIVITIES.

VOTE: MAJORITY

AP 3: RELATING TO AUTO INSURANCE REQUIREMENTS FOR PROVIDERS OF IN-HOME SUPPORTIVE SERVICES

WHEREAS, SECTION 11580.1 OF THE INSURANCE CODE25 PROVIDES THAT A STANDARD AUTOMOBILE INSURANCE POLICY MAY EXCLUDE FROM COVERAGE "LIABILITY FOR BODILY INJURY TO ANY EMPLOYEE OF THE INSURED ARISING OUT OF AND IN THE COURSE OF HIS OR HER EMPLOYMENT"; AND

WHEREAS, SUBDIVISION (F) OF SECTION 11580.1 OF THE INSURANCE CODE PROVIDES THAT AN AUTOMOBILE LIABILITY INSURANCE POLICY MAY NOT "EXPRESSLY OR IMPLIEDLY" EXCLUDE FROM COVERAGE THE OPERATION OR USE OF A VEHICLE FOR THE PERFORMANCE OF VOLUNTEER SERVICES FOR A NONPROFIT CHARITABLE ORGANIZATION OR A GOVERNMENTAL AGENCY, PROVIDED THAT THE INSURED DOES NOT RECEIVE ANY REMUNERATION OF ANY KIND OTHER THAN REIMBURSEMENT FOR ACTUAL MILEAGE DRIVEN IN THE PERFORMANCE OF THOSE SERVICES.  THAT SUBDIVISION DEFINES "SOCIAL SERVICE TRANSPORTATION" AS "TRANSPORTATION SERVICES PROVIDED BY PRIVATE NONPROFIT ORGANIZATIONS OR INDIVIDUALS TO EITHER INDIVIDUALS WHO ARE SENIOR CITIZENS OR INDIVIDUALS OR GROUPS OF INDIVIDUALS WHO HAVE SPECIAL TRANSPORTATION NEEDS BECAUSE OF PHYSICAL OR MENTAL CONDITIONS AND SUPPORTED IN WHOLE OR IN PART BY FUNDING FROM PRIVATE OR PUBLIC AGENCIES"; AND

WHEREAS, MANY IN-HOME SUPPORTIVE SERVICES (IHSS) RECIPIENTS DO NOT OWN A VEHICLE, AND FOR MANY IHSS RECIPIENTS PUBLIC TRANSPORTATION IS NOT A VIABLE MEANS TO GET TO MEDICAL APPOINTMENTS OR TO PERFORM NECESSARY ERRANDS, SUCH AS SHOPPING FOR GROCERIES AND MEDICATIONS; AND

WHEREAS, MANY IHSS PROVIDERS VOLUNTEER TO USE THEIR PRIVATELY OWNED VEHICLE TO PROVIDE TRANSPORTATION FOR IHSS RECIPIENTS TO AND FROM MEDICAL APPOINTMENTS AND TO AND FROM OTHER IHSS AUTHORIZED ACTIVITIES INCIDENT TO THEIR PROVISION OF OTHER IHSS SERVICES; AND

WHEREAS, IHSS PROVIDERS WHO VOLUNTEER TO USE THEIR PRIVATELY OWNED VEHICLES FOR THE PROVISION OF TRANSPORTATION SERVICES FOR IHSS RECIPIENTS ARE PAID ONLY FOR THE TIME SPENT DRIVING, AND DO NOT RECEIVE REIMBURSEMENT FOR FUEL OR OTHER VEHICLE-RELATED EXPENSES, OR FOR THE TIME SPENT WAITING WHILE THE IHSS RECIPIENT ATTENDS SCHEDULED APPOINTMENTS OR PERFORMS IHSS AUTHORIZED ACTIVITIES; AND

WHEREAS, SOME AUTOMOBILE INSURANCE COMPANIES HAVE INCREASED AN IHSS PROVIDER'S AUTOMOBILE INSURANCE PREMIUMS OR HAVE CANCELLED AN IHSS PROVIDER'S AUTOMOBILE INSURANCE POLICY UPON DISCOVERING THAT AN IHSS PROVIDER MIGHT VOLUNTEER TO USE HIS OR HER VEHICLE TO TRANSPORT IHSS RECIPIENTS; NOW, THEREFORE, BE IT

RESOLVED, BY THE SENIOR ASSEMBLY AND THE SENIOR SENATE, JOINTLY, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA AT ITS 2004 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR/HEREBY PROPOSES THAT THE INSURANCE CODE BE AMENDED TO PROVIDE THAT PRIVATE AUTOMOBILE LIABILITY INSURANCE SHALL INCLUDE COVERAGE FOR THE OPERATION OR USE OF A VEHICLE OWNED BY AN IHSS PROVIDER WHEN PROVIDING AN IHSS RECIPIENT WITH TRANSPORTATION TO MEDICAL APPOINTMENTS OR OTHER IHSS AUTHORIZED ACTIVITIES, AS DEFINED IN SECTIONS 12300 TO 12309, INCLUSIVE, OF THE WELFARE AND INSTITUTIONS CODE; AND BE IT FURTHER

RESOLVED, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA RESPECTFULLY MEMORIALIZES THE LEGISLATURE AND THE GOVERNOR OF THE STATE OF CALIFORNIA TO ENACT APPROPRIATE LEGISLATION THAT WOULD ADDRESS THE CONCERNS SET FORTH IN THIS MEASURE; AND BE IT FURTHER RESOLVED, 

THAT A COPY OF THIS MEASURE BE TRANSMITTED TO THE SPEAKER OF THE ASSEMBLY, THE PRESIDENT PRO TEMPORE OF THE SENATE, AND THE GOVERNOR OF THE STATE OF CALIFORNIA.