Rep. Michael J. Zalewski

Filed: 4/16/2015

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 1051

2    AMENDMENT NO. ______. Amend House Bill 1051, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Transportation Network Providers Act is
6amended by changing Section 10 and by adding Sections 32 and 34
7as follows:
 
8    (625 ILCS 57/10)
9    (This Section may contain text from a Public Act with a
10delayed effective date)
11    Sec. 10. Insurance.
12    (a) Transportation network companies and participating TNC
13drivers shall comply with the automobile liability insurance
14requirements of this Section as required.
15    (b) The following automobile liability insurance
16requirements shall apply from the moment a participating TNC

 

 

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

 

 

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1        (1) Automobile liability insurance shall be primary
2    and in the amount of $1,000,000 for death, personal injury,
3    and property damage. The requirements for the coverage
4    required by this paragraph (1) may be satisfied by any of
5    the following:
6            (A) automobile liability insurance maintained by a
7        participating TNC driver;
8            (B) automobile liability company insurance
9        maintained by a transportation network company; or
10            (C) any combination of subparagraphs (A) and (B).
11        (2) Insurance coverage provided under this subsection
12    (c) shall also provide for uninsured motorist coverage and
13    underinsured motorist coverage in the amount of $50,000
14    from the moment a passenger enters the vehicle of a
15    participating TNC driver until the passenger exits the
16    vehicle.
17        (3) The insurer, in the case of insurance coverage
18    provided under this subsection (c), shall have the duty to
19    defend and indemnify the insured.
20        (4) Coverage under an automobile liability insurance
21    policy required under this subsection (c) shall not be
22    dependent on a personal automobile insurance policy first
23    denying a claim nor shall a personal automobile insurance
24    policy be required to first deny a claim.
25    (d) In every instance when automobile liability insurance
26maintained by a participating TNC driver to fulfill the

 

 

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1insurance obligations of this Section has lapsed or ceased to
2exist, the transportation network company shall provide the
3coverage required by this Section beginning with the first
4dollar of a claim.
5    (e) This Section shall not limit the liability of a
6transportation network company arising out of an automobile
7accident involving a participating TNC driver in any action for
8damages against a transportation network company for an amount
9above the required insurance coverage.
10    (f) The transportation network company shall disclose in
11writing to TNC drivers, as part of its agreement with those TNC
12drivers, the following:
13        (1) the insurance coverage and limits of liability that
14    the transportation network company provides while the TNC
15    driver uses a vehicle in connection with a transportation
16    network company's digital network or software application;
17    and
18        (2) that the TNC driver's own insurance policy may not
19    provide coverage while the TNC driver uses a vehicle in
20    connection with a transportation network company digital
21    network depending on its terms.
22    (g) An insurance policy required by this Section may be
23placed with an admitted Illinois insurer, or with an authorized
24surplus line insurer under Section 445 of the Illinois
25Insurance Code; and is not subject to any restriction or
26limitation on the issuance of a policy contained in Section

 

 

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1445a of the Illinois Insurance Code.
2    (h) Any insurance policy required by this Section shall
3satisfy the financial responsibility requirement for a motor
4vehicle under Sections 7-203 and 7-601 of the Illinois Vehicle
5Code.
6    (i) If a transportation network company's insurer makes a
7payment for a claim covered under comprehensive coverage or
8collision coverage, the transportation network company shall
9cause its insurer to issue the payment directly to the business
10repairing the vehicle, or jointly to the owner of the vehicle
11and the primary lienholder on the covered vehicle.
12(Source: P.A. 98-1173, eff. 6-1-15.)
 
13    (625 ILCS 57/32 new)
14    Sec. 32. Preemption. A unit of local government, whether or
15not it is a home rule unit, may not regulate transportation
16network companies, transportation network company drivers, or
17transportation network company services in a manner that is
18less restrictive than the regulation by the State under this
19Act. This Section is a limitation under subsection (i) of
20Section 6 of Article VII of the Illinois Constitution on the
21concurrent exercise by home rule units of powers and functions
22exercised by the State.
 
23    (625 ILCS 57/34 new)
24    Sec. 34. Repeal. This Act is repealed on June 1, 2020.
 

 

 

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1    Section 95. No acceleration or delay. Where this Act makes
2changes in a statute that is represented in this Act by text
3that is not yet or no longer in effect (for example, a Section
4represented by multiple versions), the use of that text does
5not accelerate or delay the taking effect of (i) the changes
6made by this Act or (ii) provisions derived from any other
7Public Act.
 
8    Section 99. Effective date. This Act takes effect upon
9becoming law.".