Bill Text: IA SF2167 | 2019-2020 | 88th General Assembly | Introduced


Bill Title: A bill for an act relating to automobile insurance required for transportation network company drivers.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-02-10 - Subcommittee: Breitbach, Koelker, and T. Taylor. S.J. 260. [SF2167 Detail]

Download: Iowa-2019-SF2167-Introduced.html
Senate File 2167 - Introduced SENATE FILE 2167 BY T. TAYLOR A BILL FOR An Act relating to automobile insurance required for 1 transportation network company drivers. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5661SS (1) 88 mo/ns
S.F. 2167 Section 1. Section 321N.4, Code 2020, is amended to read as 1 follows: 2 321N.4 Financial responsibility. 3 1. A transportation network company driver, or a 4 transportation network company on the driver’s behalf, shall 5 maintain primary automobile insurance that does all of the 6 following: 7 a. Recognizes that the driver is a transportation network 8 company driver or that the driver otherwise uses a motor 9 vehicle to transport passengers for compensation. 10 b. Covers the driver while the driver is logged on to the 11 transportation network company’s digital network and while the 12 driver is engaged in a prearranged ride. 13 c. Covers the driver in the amounts set forth in subsections 14 subsection 2 and 3 . 15 2. a. While a participating transportation network company 16 driver is logged on to a transportation network company’s 17 digital network and is available to receive requests for a 18 prearranged ride, but is not engaged in a prearranged ride, 19 primary automobile insurance maintained pursuant to paragraph 20 “c” shall cover the driver in the amount of at least fifty 21 thousand dollars because of bodily injury to or death of one 22 person in any one accident, the amount of at least one hundred 23 thousand dollars because of bodily injury to or death of two 24 or more persons in any one accident, and the amount of at 25 least twenty-five thousand dollars because of injury to or 26 destruction of property of others in any one accident. 27 b. The requirements of paragraph “a” shall be in addition to 28 the automobile insurance requirements set forth in chapter 516A 29 or any other provision of law. 30 c. The requirements of paragraph “a” may be satisfied by any 31 of the following: 32 (1) Insurance maintained by the transportation network 33 company driver. 34 (2) Insurance maintained by the transportation network 35 -1- LSB 5661SS (1) 88 mo/ns 1/ 4
S.F. 2167 company. 1 (3) A combination of subparagraphs (1) and (2). 2 3. 2. a. While a transportation network company driver 3 is engaged in a prearranged ride, or is logged on to a 4 transportation network company’s digital network and is 5 available to receive requests for a prearranged ride but is not 6 engaged in a prearranged ride, primary automobile insurance 7 maintained pursuant to paragraph “c” shall cover the driver in 8 the amount of at least one million dollars because of bodily 9 injury to or death of one or more persons and injury to or 10 destruction of property of others in any one accident. 11 b. The requirements of paragraph “a” shall be in addition to 12 the automobile insurance requirements set forth in chapter 516A 13 or any other provision of law. 14 c. The requirements of paragraph “a” may be satisfied by any 15 of the following: 16 (1) Insurance maintained by the transportation network 17 company driver. 18 (2) Insurance maintained by the transportation network 19 company. 20 (3) A combination of subparagraphs (1) and (2). 21 4. 3. If insurance maintained by a transportation network 22 company driver under this chapter lapses or does not provide 23 coverage in the amounts required by subsections subsection 2 24 and 3 , insurance maintained by a transportation network company 25 shall provide coverage in the amounts required by subsections 26 subsection 2 and 3 beginning with the first dollar of a claim, 27 and the company shall have a duty to defend the claim. 28 5. 4. Coverage under an automobile insurance policy 29 maintained by a transportation network company under this 30 chapter shall not be dependent on the insurer of a driver’s 31 personal vehicle first denying a claim, nor shall a personal 32 automobile insurance policy be required to first deny a claim. 33 6. 5. Insurance maintained under this chapter shall be 34 provided by an insurer governed by chapter 515 , or by a surplus 35 -2- LSB 5661SS (1) 88 mo/ns 2/ 4
S.F. 2167 lines insurer governed by chapter 515I . 1 7. 6. Insurance maintained under this chapter shall be 2 deemed to satisfy the financial responsibility requirements for 3 a motor vehicle under chapter 321A . 4 8. 7. A transportation network company driver shall carry 5 proof of financial liability coverage, as required by section 6 321.20B , in the amounts required by subsections subsection 7 2 and 3 , at all times during which the driver uses a motor 8 vehicle in connection with the use of a transportation network 9 company’s digital network. In the event of an accident, the 10 driver shall provide proof of financial liability coverage 11 to any directly interested party or insurer, and to any 12 investigating police officer, upon request and in a format 13 provided for under section 321.20B . Upon such a request, the 14 driver shall also disclose to any directly interested party 15 or insurer, and to any investigating police officer, whether 16 the driver was logged on to a company’s digital network or was 17 providing a prearranged ride at the time of the accident. 18 EXPLANATION 19 The inclusion of this explanation does not constitute agreement with 20 the explanation’s substance by the members of the general assembly. 21 Under current law, while a transportation network company 22 (TNC) driver is logged on to a TNC’s digital network and is 23 available to receive requests for a prearranged ride, but is 24 not engaged in a prearranged ride, primary automobile insurance 25 must cover the TNC driver in the amount of at least $50,000 26 because of bodily injury to or death of one person in any one 27 accident, at least $100,000 because of bodily injury to or 28 death of two or more persons in any one accident, and at least 29 $25,000 because of injury to or destruction of property of 30 others in any one accident. While a TNC driver is engaged in 31 a prearranged ride, primary automobile insurance must cover 32 the TNC driver in the amount of at least $1 million because of 33 bodily injury to or death of one or more persons and injury to 34 or destruction of property of others in any one accident. 35 -3- LSB 5661SS (1) 88 mo/ns 3/ 4
S.F. 2167 This bill requires primary automobile insurance to cover 1 the TNC driver in the amount of at least $1 million because of 2 bodily injury to or death of one or more persons and injury to 3 or destruction of property of others in any one accident while 4 the TNC driver is logged on to a TNC’s digital network and is 5 available to receive requests for a prearranged ride, but is 6 not engaged in a prearranged ride. 7 -4- LSB 5661SS (1) 88 mo/ns 4/ 4
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