HB1051 EnrolledLRB099 04882 RJF 24911 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Transportation Network Providers Act is
5amended by changing Section 10 and by adding Sections 32 and 34
6as follows:
 
7    (625 ILCS 57/10)
8    (This Section may contain text from a Public Act with a
9delayed effective date)
10    Sec. 10. Insurance.
11    (a) Transportation network companies and participating TNC
12drivers shall comply with the automobile liability insurance
13requirements of this Section as required.
14    (b) The following automobile liability insurance
15requirements shall apply from the moment a participating TNC
16driver logs on to the transportation network company's digital
17network or software application until the TNC driver accepts a
18request to transport a passenger, and from the moment the TNC
19driver completes the transaction on the digital network or
20software application or the ride is complete, whichever is
21later, until the TNC driver either accepts another ride request
22on the digital network or software application or logs off the
23digital network or software application:

 

 

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1        (1) Automobile liability insurance shall be in the
2    amount of at least $50,000 for death and personal injury
3    per person, $100,000 for death and personal injury per
4    incident, and $25,000 for property damage.
5        (2) Contingent automobile liability insurance in the
6    amounts required in paragraph (1) of this subsection (b)
7    shall be maintained by a transportation network company and
8    provide coverage in the event a participating TNC driver's
9    own automobile liability policy excludes coverage
10    according to its policy terms or does not provide at least
11    the limits of coverage required in paragraph (1) of this
12    subsection (b).
13    (c) The following automobile liability insurance
14requirements shall apply from the moment a TNC driver accepts a
15ride request on the transportation network company's digital
16network or software application until the TNC driver completes
17the transaction on the digital network or software application
18or until the ride is complete, whichever is later:
19        (1) Automobile liability insurance shall be primary
20    and in the amount of $1,000,000 for death, personal injury,
21    and property damage. The requirements for the coverage
22    required by this paragraph (1) may be satisfied by any of
23    the following:
24            (A) automobile liability insurance maintained by a
25        participating TNC driver;
26            (B) automobile liability company insurance

 

 

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1        maintained by a transportation network company; or
2            (C) any combination of subparagraphs (A) and (B).
3        (2) Insurance coverage provided under this subsection
4    (c) shall also provide for uninsured motorist coverage and
5    underinsured motorist coverage in the amount of $50,000
6    from the moment a passenger enters the vehicle of a
7    participating TNC driver until the passenger exits the
8    vehicle.
9        (3) The insurer, in the case of insurance coverage
10    provided under this subsection (c), shall have the duty to
11    defend and indemnify the insured.
12        (4) Coverage under an automobile liability insurance
13    policy required under this subsection (c) shall not be
14    dependent on a personal automobile insurance policy first
15    denying a claim nor shall a personal automobile insurance
16    policy be required to first deny a claim.
17    (d) In every instance when automobile liability insurance
18maintained by a participating TNC driver to fulfill the
19insurance obligations of this Section has lapsed or ceased to
20exist, the transportation network company shall provide the
21coverage required by this Section beginning with the first
22dollar of a claim.
23    (e) This Section shall not limit the liability of a
24transportation network company arising out of an automobile
25accident involving a participating TNC driver in any action for
26damages against a transportation network company for an amount

 

 

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1above the required insurance coverage.
2    (f) The transportation network company shall disclose in
3writing to TNC drivers, as part of its agreement with those TNC
4drivers, the following:
5        (1) the insurance coverage and limits of liability that
6    the transportation network company provides while the TNC
7    driver uses a vehicle in connection with a transportation
8    network company's digital network or software application;
9    and
10        (2) that the TNC driver's own insurance policy may not
11    provide coverage while the TNC driver uses a vehicle in
12    connection with a transportation network company digital
13    network depending on its terms.
14    (g) An insurance policy required by this Section may be
15placed with an admitted Illinois insurer, or with an authorized
16surplus line insurer under Section 445 of the Illinois
17Insurance Code; and is not subject to any restriction or
18limitation on the issuance of a policy contained in Section
19445a of the Illinois Insurance Code.
20    (h) Any insurance policy required by this Section shall
21satisfy the financial responsibility requirement for a motor
22vehicle under Sections 7-203 and 7-601 of the Illinois Vehicle
23Code.
24    (i) If a transportation network company's insurer makes a
25payment for a claim covered under comprehensive coverage or
26collision coverage, the transportation network company shall

 

 

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1cause its insurer to issue the payment directly to the business
2repairing the vehicle, or jointly to the owner of the vehicle
3and the primary lienholder on the covered vehicle.
4(Source: P.A. 98-1173, eff. 6-1-15.)
 
5    (625 ILCS 57/32 new)
6    Sec. 32. Preemption. A unit of local government, whether or
7not it is a home rule unit, may not regulate transportation
8network companies, transportation network company drivers, or
9transportation network company services in a manner that is
10less restrictive than the regulation by the State under this
11Act. This Section is a limitation under subsection (i) of
12Section 6 of Article VII of the Illinois Constitution on the
13concurrent exercise by home rule units of powers and functions
14exercised by the State.
 
15    (625 ILCS 57/34 new)
16    Sec. 34. Repeal. This Act is repealed on June 1, 2020.
 
17    Section 95. No acceleration or delay. Where this Act makes
18changes in a statute that is represented in this Act by text
19that is not yet or no longer in effect (for example, a Section
20represented by multiple versions), the use of that text does
21not accelerate or delay the taking effect of (i) the changes
22made by this Act or (ii) provisions derived from any other
23Public Act.
 

 

 

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1    Section 99. Effective date. This Act takes effect upon
2becoming law.