HomeMy WebLinkAboutSB 2298 LTR to Gov. Brown 20120917Ott 0 city of sAn Luis oBi
ina)n ISPO
OFFICE OF THE CITY COUNCIL
990 Palm Street ■ San Luis Obispo, CA 93401-3249 ■ 805/781-7119
September 17, 2012
VIA FACSIMILE ONLY 916-558-3177
The Honorable Edmund G. Brown, Jr.
Governor, State of California
State Capitol Building
Sacramento, CA 95814
RE: AB 2298 (Solorio) Insurance: public safety employees: accidents.
Request for Veto
Dear Governor Brown:
The City of San Luis Obispo respectfully requests that you veto AB 2298, which proposes to
exempt certain public safety officers from a requirement to report accidents that occur in a
personal vehicle to a personal insurance provider and instead report those accidents to the
employer.
AB 2298 shifts liability for accidents involving personal vehicles from individuals to public
employers (cities, counties, and the state). If enacted, employers of public safety personnel will
face increased liability for employees who drive their personal vehicles for work purposes which
will increase employers' insurance costs and related costs already covered by mileage
reimbursement rates.
When employees use their personal vehicles for work purposes they are typically reimbursed at
the Internal Revenue Service (IRS) established mileage rates or, in some cases, mileage rates that
are negotiated with their employer. According to IRS guidelines, the standard mileage rate for
business is based on an annual study of the "fixed and variable costs" of operating an
automobile, which includes depreciation or lease payments, insurance, registration and license
fees and personal property taxes.
Local jurisdictions have adopted policies and memoranda of understanding to address liability
for accidents involving personal vehicles. These policies best reflect local priorities and
circumstances. Some municipal employers have specifically negotiated this issue in their
contracts with employees, others have adopted employment policies that state if a personal
vehicle is used then personal insurance is primary with the employer's coverage as the excess
provider. AB 2298's one -size -fits -all solution is unnecessary. If represented employees believe
there is a problem, the local bargaining table is the appropriate place to address it.
Moreover, what is perhaps most troubling is the complete shift of indemnification and financial
responsibility to the employer regardless of a driver's fault. The bill does not provide any
exception to liability when the driver may have been driving negligently. It is unreasonable to
require public agencies to bear all responsibility in such cases.
city of San 1UIS OBISpo
Re: SB 2298
September 17, 2012
Page 2
For these reasons, the City of San Luis Obispo requests that you veto this bill.
Sincerely,
VA11U-1
J Marx
Mayor
cc: City Council
Natasha Karl, League of California Cities, Fax: (916) 658-8240
David Mullinax