Full Text of HB1051 99th General Assembly
HB1051ham001 99TH GENERAL ASSEMBLY | Rep. Michael J. Zalewski Filed: 4/14/2015
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| 1 | | AMENDMENT TO HOUSE BILL 1051
| 2 | | AMENDMENT NO. ______. Amend House Bill 1051 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Transportation Network Providers Act is | 5 | | amended by changing Section 10 and by adding Sections 32 and 34 | 6 | | as follows: | 7 | | (625 ILCS 57/10) | 8 | | (This Section may contain text from a Public Act with a | 9 | | delayed effective date )
| 10 | | Sec. 10. Insurance. | 11 | | (a) Transportation network companies and participating TNC | 12 | | drivers shall comply with the automobile liability insurance | 13 | | requirements of this Section as required. | 14 | | (b) The following automobile liability insurance | 15 | | requirements shall apply from the moment a participating TNC | 16 | | driver logs on to the transportation network company's digital |
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| 1 | | network or software application until the TNC driver accepts a | 2 | | request to transport a passenger, and from the moment the TNC | 3 | | driver completes the transaction on the digital network or | 4 | | software application or the ride is complete, whichever is | 5 | | later, until the TNC driver either accepts another ride request | 6 | | on the digital network or software application or logs off the | 7 | | digital network or software application: | 8 | | (1) Automobile liability insurance shall be in the | 9 | | amount of at least $50,000 for death and personal injury | 10 | | per person, $100,000 for death and personal injury per | 11 | | incident, and $25,000 for property damage. | 12 | | (2) Contingent automobile liability insurance in the | 13 | | amounts required in paragraph (1) of this subsection (b) | 14 | | shall be maintained by a transportation network company and | 15 | | provide coverage in the event a participating TNC driver's | 16 | | own automobile liability policy excludes coverage | 17 | | according to its policy terms or does not provide at least | 18 | | the limits of coverage required in paragraph (1) of this | 19 | | subsection (b). | 20 | | (c) The following automobile liability insurance | 21 | | requirements shall apply from the moment a TNC driver accepts a | 22 | | ride request on the transportation network company's digital | 23 | | network or software application until the TNC driver completes | 24 | | the transaction on the digital network or software application | 25 | | or until the ride is complete, whichever is later:
| 26 | | (1) Automobile liability insurance shall be primary |
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| 1 | | and in the amount of $1,000,000 for death, personal injury, | 2 | | and property damage. The requirements for the coverage | 3 | | required by this paragraph (1) may be satisfied by any of | 4 | | the following:
| 5 | | (A) automobile liability insurance maintained by a | 6 | | participating TNC driver;
| 7 | | (B) automobile liability company insurance | 8 | | maintained by a transportation network company; or
| 9 | | (C) any combination of subparagraphs (A) and (B).
| 10 | | (2) Insurance coverage provided under this subsection | 11 | | (c) shall also provide for uninsured motorist coverage and | 12 | | underinsured motorist coverage in the amount of $50,000 | 13 | | from the moment a passenger enters the vehicle of a | 14 | | participating TNC driver until the passenger exits the | 15 | | vehicle.
| 16 | | (3) The insurer, in the case of insurance coverage | 17 | | provided under this subsection (c), shall have the duty to | 18 | | defend and indemnify the insured.
| 19 | | (4) Coverage under an automobile liability insurance | 20 | | policy required under this subsection (c) shall not be | 21 | | dependent on a personal automobile insurance policy first | 22 | | denying a claim nor shall a personal automobile insurance | 23 | | policy be required to first deny a claim. | 24 | | (d) In every instance when automobile liability insurance | 25 | | maintained by a participating TNC driver to fulfill the | 26 | | insurance obligations of this Section has lapsed or ceased to |
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| 1 | | exist, the transportation network company shall provide the | 2 | | coverage required by this Section beginning with the first | 3 | | dollar of a claim. | 4 | | (e) This Section shall not limit the liability of a | 5 | | transportation network company arising out of an automobile | 6 | | accident involving a participating TNC driver in any action for | 7 | | damages against a transportation network company for an amount | 8 | | above the required insurance coverage. | 9 | | (f) The transportation network company shall disclose in | 10 | | writing to TNC drivers, as part of its agreement with those TNC | 11 | | drivers, the following:
| 12 | | (1) the insurance coverage and limits of liability that | 13 | | the transportation network company provides while the TNC | 14 | | driver uses a vehicle in connection with a transportation | 15 | | network company's digital network or software application; | 16 | | and
| 17 | | (2) that the TNC driver's own insurance policy may not | 18 | | provide coverage while the TNC driver uses a vehicle in | 19 | | connection with a transportation network company digital | 20 | | network depending on its terms. | 21 | | (g) An insurance policy required by this Section may be | 22 | | placed with an admitted Illinois insurer, or with an authorized | 23 | | surplus line insurer under Section 445 of the Illinois | 24 | | Insurance Code; and is not subject to any restriction or | 25 | | limitation on the issuance of a policy contained in Section | 26 | | 445a of the Illinois Insurance Code. |
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| 1 | | (h) Any insurance policy required by this Section shall | 2 | | satisfy the financial responsibility requirement for a motor | 3 | | vehicle under Sections 7-203 and 7-601 of the Illinois Vehicle | 4 | | Code.
| 5 | | (i) If a transportation network company's insurer makes a | 6 | | payment for a claim covered under comprehensive coverage or | 7 | | collision coverage, the transportation network company shall | 8 | | cause its insurer to issue the payment directly to the business | 9 | | repairing the vehicle, or jointly to the owner of the vehicle | 10 | | and the primary lienholder on the covered vehicle. | 11 | | (Source: P.A. 98-1173, eff. 6-1-15.) | 12 | | (625 ILCS 57/32 new) | 13 | | Sec. 32. Preemption. A unit of local government, whether or
| 14 | | not it is a home rule unit, may not regulate transportation
| 15 | | network companies, transportation network company drivers, or
| 16 | | transportation network company services in a manner that is
| 17 | | less restrictive than the regulation by the State under this
| 18 | | Act. This Section is a limitation under subsection (i) of
| 19 | | Section 6 of Article VII of the Illinois Constitution on the
| 20 | | concurrent exercise by home rule units of powers and functions | 21 | | exercised by the State. | 22 | | (625 ILCS 57/34 new) | 23 | | Sec. 34. Repeal. This Act is repealed on June 1, 2018.
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| 1 | | Section 95. No acceleration or delay. Where this Act makes | 2 | | changes in a statute that is represented in this Act by text | 3 | | that is not yet or no longer in effect (for example, a Section | 4 | | represented by multiple versions), the use of that text does | 5 | | not accelerate or delay the taking effect of (i) the changes | 6 | | made by this Act or (ii) provisions derived from any other | 7 | | Public Act. | 8 | | Section 99. Effective date. This Act takes effect upon | 9 | | becoming law.".
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