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Public Act 099-0056 | ||||
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Transportation Network Providers Act is | ||||
amended by changing Section 10 and by adding Sections 32 and 34 | ||||
as follows: | ||||
(625 ILCS 57/10) | ||||
(This Section may contain text from a Public Act with a | ||||
delayed effective date )
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Sec. 10. Insurance. | ||||
(a) Transportation network companies and participating TNC | ||||
drivers shall comply with the automobile liability insurance | ||||
requirements of this Section as required. | ||||
(b) The following automobile liability insurance | ||||
requirements shall apply from the moment a participating TNC | ||||
driver logs on to the transportation network company's digital | ||||
network or software application until the TNC driver accepts a | ||||
request to transport a passenger, and from the moment the TNC | ||||
driver completes the transaction on the digital network or | ||||
software application or the ride is complete, whichever is | ||||
later, until the TNC driver either accepts another ride request | ||||
on the digital network or software application or logs off the | ||||
digital network or software application: |
(1) Automobile liability insurance shall be in the | ||
amount of at least $50,000 for death and personal injury | ||
per person, $100,000 for death and personal injury per | ||
incident, and $25,000 for property damage. | ||
(2) Contingent automobile liability insurance in the | ||
amounts required in paragraph (1) of this subsection (b) | ||
shall be maintained by a transportation network company and | ||
provide coverage in the event a participating TNC driver's | ||
own automobile liability policy excludes coverage | ||
according to its policy terms or does not provide at least | ||
the limits of coverage required in paragraph (1) of this | ||
subsection (b). | ||
(c) The following automobile liability insurance | ||
requirements shall apply from the moment a TNC driver accepts a | ||
ride request on the transportation network company's digital | ||
network or software application until the TNC driver completes | ||
the transaction on the digital network or software application | ||
or until the ride is complete, whichever is later:
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(1) Automobile liability insurance shall be primary | ||
and in the amount of $1,000,000 for death, personal injury, | ||
and property damage. The requirements for the coverage | ||
required by this paragraph (1) may be satisfied by any of | ||
the following:
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(A) automobile liability insurance maintained by a | ||
participating TNC driver;
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(B) automobile liability company insurance |
maintained by a transportation network company; or
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(C) any combination of subparagraphs (A) and (B).
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(2) Insurance coverage provided under this subsection | ||
(c) shall also provide for uninsured motorist coverage and | ||
underinsured motorist coverage in the amount of $50,000 | ||
from the moment a passenger enters the vehicle of a | ||
participating TNC driver until the passenger exits the | ||
vehicle.
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(3) The insurer, in the case of insurance coverage | ||
provided under this subsection (c), shall have the duty to | ||
defend and indemnify the insured.
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(4) Coverage under an automobile liability insurance | ||
policy required under this subsection (c) shall not be | ||
dependent on a personal automobile insurance policy first | ||
denying a claim nor shall a personal automobile insurance | ||
policy be required to first deny a claim. | ||
(d) In every instance when automobile liability insurance | ||
maintained by a participating TNC driver to fulfill the | ||
insurance obligations of this Section has lapsed or ceased to | ||
exist, the transportation network company shall provide the | ||
coverage required by this Section beginning with the first | ||
dollar of a claim. | ||
(e) This Section shall not limit the liability of a | ||
transportation network company arising out of an automobile | ||
accident involving a participating TNC driver in any action for | ||
damages against a transportation network company for an amount |
above the required insurance coverage. | ||
(f) The transportation network company shall disclose in | ||
writing to TNC drivers, as part of its agreement with those TNC | ||
drivers, the following:
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(1) the insurance coverage and limits of liability that | ||
the transportation network company provides while the TNC | ||
driver uses a vehicle in connection with a transportation | ||
network company's digital network or software application; | ||
and
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(2) that the TNC driver's own insurance policy may not | ||
provide coverage while the TNC driver uses a vehicle in | ||
connection with a transportation network company digital | ||
network depending on its terms. | ||
(g) An insurance policy required by this Section may be | ||
placed with an admitted Illinois insurer, or with an authorized | ||
surplus line insurer under Section 445 of the Illinois | ||
Insurance Code; and is not subject to any restriction or | ||
limitation on the issuance of a policy contained in Section | ||
445a of the Illinois Insurance Code. | ||
(h) Any insurance policy required by this Section shall | ||
satisfy the financial responsibility requirement for a motor | ||
vehicle under Sections 7-203 and 7-601 of the Illinois Vehicle | ||
Code.
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(i) If a transportation network company's insurer makes a | ||
payment for a claim covered under comprehensive coverage or | ||
collision coverage, the transportation network company shall |
cause its insurer to issue the payment directly to the business | ||
repairing the vehicle, or jointly to the owner of the vehicle | ||
and the primary lienholder on the covered vehicle. | ||
(Source: P.A. 98-1173, eff. 6-1-15.) | ||
(625 ILCS 57/32 new) | ||
Sec. 32. Preemption. A unit of local government, whether or
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not it is a home rule unit, may not regulate transportation
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network companies, transportation network company drivers, or
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transportation network company services in a manner that is
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less restrictive than the regulation by the State under this
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Act. This Section is a limitation under subsection (i) of
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Section 6 of Article VII of the Illinois Constitution on the
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concurrent exercise by home rule units of powers and functions | ||
exercised by the State. | ||
(625 ILCS 57/34 new) | ||
Sec. 34. Repeal. This Act is repealed on June 1, 2020.
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Section 95. No acceleration or delay. Where this Act makes | ||
changes in a statute that is represented in this Act by text | ||
that is not yet or no longer in effect (for example, a Section | ||
represented by multiple versions), the use of that text does | ||
not accelerate or delay the taking effect of (i) the changes | ||
made by this Act or (ii) provisions derived from any other | ||
Public Act. |
Section 99. Effective date. This Act takes effect upon | ||
becoming law. |