California Assembly Bill 371
Session 20212022
Shared mobility devices: insurance and tracking.
Became Law
Became Law on Sep 29, 2022
Origin Chamber
Assembly
Type
Bill
Bill Number
371
State
California
Session
20212022
Author
Coauthor
Coauthor
Coauthor
Coauthor
Motion Text
AB 371 Jones-Sawyer Concurrence in Senate Amendments
Assembly Roll Call Votes
Other
Yes
Yes
Yes
Yes
Yes
Other
Other
Yes
Fong
Other
Other
Other
Yes
Other
Other
Other
Other
Other
Yes
Yes
Other
Yes
Other
Yes
Other
Other
Yes
Yes
Yes
Yes
Other
Other
Yes
Yes
Other
Yes
Yes
Other
Other
Other
Other
Summary
Existing law requires a shared mobility service provider, as defined, to enter into an agreement with, or obtain a permit from, the city or county with jurisdiction over the area of use. Existing law defines shared mobility device to mean an electrically motorized board, motorized scooter, electric bicycle, bicycle, or other similar personal transportation device, except as provided. Existing law requires a city or county that authorizes a shared mobility device provider to operate within its jurisdiction to adopt operation, parking, and maintenance rules, as provided, regarding the use of the shared mobility devices in its jurisdiction before the provider may offer shared mobility devices for rent or use.
This bill would require a shared mobility service provider to affix to each shared mobility device a tactile sign containing raised characters and accompanying Braille, as specified, to identify the device for the purpose of reporting illegal or negligent activity.
Existing law requires that the shared mobility provider maintain a specified amount of commercial general liability insurance that, among other things, must be with a carrier doing business in California, in a user agreement before distributing a shared mobility device within that jurisdiction.
This bill, rather than require the shared mobility service provider to maintain commercial general liability insurance with a carrier doing business in California, would require the coverage to be with an admitted insurer or a nonadmitted insurer, as specified.
Starting July 1, 2023, this bill would require a shared mobility service provider or user of a shared mobility device to offer or make available, or to confirm a user of a shared mobility device maintains, $10,000 of coverage for any bodily injury or death suffered by a pedestrian in any one accident when the injury or death involves, in whole or in part, the negligent conduct of the shared mobility device user, and $1,000 of coverage for any property damage to an assistive technology device, as defined. The bill would prohibit a shared mobility service provider from allowing a user or individual to operate or utilize a shared mobility device without the coverage, and would exempt bicycles propelled exclusively by human power and specified electric bicycles from these requirements. The bill would authorize a provider to partner with an insurer to provide coverage that meets or exceeds those requirements to its users via its digital application or other electronic or digital platform, and fund the cost of providing coverage in its standard fee or through a separate charge to users. The bill would require the shared mobility service provider to maintain coverage if a user does not maintain the required insurance coverage. The bill would authorize a provider to enter into agreements with users that maintain their own coverage that meets or exceeds the above requirements to exclude the user from the provider's coverage. The bill would also require a provider to keep an up-to-date list of its users that maintain their own coverage and transmit annually, to the Department of Insurance, information on the percentage of total users in the state that maintain their own coverage and the total number of users, as specified.
The bill would specify that it does not prohibit a provider from requiring a user to enter into an indemnity contract, and would specify certain requirements that the indemnity contract would be required to meet. The bill would prohibit parties from waiving or modifying any of its provisions by contractual agreement, act, or omission. The bill would require a shared mobility service provider to disclose, in a specified manner, prior to allowing the user to initiate their first use of a device, that the customer's existing homeowner's, renter's, or automobile insurance policies might not provide coverage for liability resulting from the use of shared mobility devices and that the customer should contact their insurance company or insurance agent to determine if coverage is provided.
This bill would require, no later than December 31, 2026, the Department of Insurance to submit to the Legislature and insurance committees, as specified, a study that includes, among other things, recommendations to update shared mobility device insurance coverage requirements, how to strengthen the market for individual mobility device liability coverage, and whether there is a need for insurance coverage for injuries involving bicycles propelled exclusively by human power and specified electric bicycles.
02/01/21 - Introduced
February 1, 2021
04/14/21 - Amended Assembly
April 14, 2021
04/29/21 - Amended Assembly
April 29, 2021
07/01/21 - Amended Senate
July 1, 2021
06/09/22 - Amended Senate
June 9, 2022
06/27/22 - Amended Senate
June 27, 2022
08/11/22 - Amended Senate
August 11, 2022
08/30/22 - Enrolled
August 30, 2022
09/29/22 - Chaptered
September 29, 2022
04/06/21- Assembly Privacy and Consumer Protection
April 6, 2021
04/08/21- Assembly Judiciary
April 8, 2021
04/16/21- ASSEMBLY FLOOR ANALYSIS
April 16, 2021
04/30/21- ASSEMBLY FLOOR ANALYSIS
April 30, 2021
06/25/21- Senate Judiciary
June 25, 2021
07/06/21- Senate Insurance
July 6, 2021
06/20/22- Senate Insurance
June 20, 2022
07/29/22- Senate Appropriations
July 29, 2022
08/11/22- Senate Appropriations
August 11, 2022
08/15/22- Sen. Floor Analyses
August 15, 2022
08/24/22- ASSEMBLY FLOOR ANALYSIS
August 24, 2022
Sort by most recent
09/29/2022
California State Legislature
Chaptered by Secretary of State - Chapter 740, Statutes of 2022.
09/29/2022
California State Legislature
Approved by the Governor.
09/06/2022
California State Legislature
Enrolled and presented to the Governor at 4 p.m.
08/29/2022
Assembly
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 55. Noes 0.).
08/25/2022
Assembly
Assembly Rule 77(a) suspended.
08/24/2022
Assembly
In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 26 pursuant to Assembly Rule 77.
08/24/2022
Senate
Read third time. Passed. Ordered to the Assembly. (Ayes 25. Noes 5. Page 5102.).
08/15/2022
Senate
Read second time. Ordered to third reading.
08/11/2022
Senate
Read second time and amended. Ordered returned to second reading.
08/11/2022
Senate
From committee: Amend, and do pass as amended. (Ayes 5. Noes 1.) (August 11).
08/02/2022
Senate
In committee: Referred to suspense file.
06/27/2022
Senate
Read second time and amended. Re-referred to Com. on APPR.
06/23/2022
Senate
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 1.) (June 22).
06/09/2022
Senate
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on INS.
07/08/2021
Senate
In committee: Set, first hearing. Hearing canceled at the request of author.
07/01/2021
Senate
Read second time and amended. Re-referred to Com. on INS.
06/30/2021
Senate
From committee: Amend, and do pass as amended and re-refer to Com. on INS. (Ayes 9. Noes 0. Page 1716.) (June 29).
06/18/2021
Senate
In committee: Hearing postponed by committee.
05/27/2021
Senate
Referred to Coms. on JUD. and INS.
05/13/2021
Senate
In Senate. Read first time. To Com. on RLS. for assignment.
05/13/2021
Assembly
Read third time. Passed. Ordered to the Senate. (Ayes 59. Noes 3. Page 1402.)
04/29/2021
Assembly
Read third time and amended. Ordered to third reading. (Page 1244.)
04/15/2021
Assembly
Read second time. Ordered to third reading.
04/14/2021
Assembly
Read second time and amended. Ordered returned to second reading.
04/13/2021
Assembly
From committee: Amend, and do pass as amended. (Ayes 11. Noes 0.) (April 13).
04/08/2021
Assembly
From committee: Do pass and re-refer to Com. on JUD. (Ayes 9. Noes 0.) (April 8). Re-referred to Com. on JUD.
02/12/2021
Assembly
Referred to Coms. on P. & C.P. and JUD.
02/02/2021
Assembly
From printer. May be heard in committee March 4.
02/01/2021
Assembly
Read first time. To print.
Sources
Record Created
Feb 2, 2021 12:02:26 PM
Record Updated
Nov 23, 2022 12:23:59 PM