Bill Amendment: IL HB1051 | 2015-2016 | 99th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: TRANSPORTATION-TECH

Status: 2015-07-16 - Public Act . . . . . . . . . 99-0056 [HB1051 Detail]

Download: Illinois-2015-HB1051-House_Amendment_002.html

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Rep. Michael J. Zalewski

Filed: 4/16/2015

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AMENDMENT TO HOUSE BILL 1051
AMENDMENT NO. ______. Amend House Bill 1051, AS AMENDED, by
replacing everything after the enacting clause with the
following:
"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)
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

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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:
(A) automobile liability insurance maintained by a
participating TNC driver;
(B) automobile liability company insurance
maintained by a transportation network company; or
(C) any combination of subparagraphs (A) and (B).
(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.
(3) The insurer, in the case of insurance coverage
provided under this subsection (c), shall have the duty to
defend and indemnify the insured.
(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

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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:
(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
(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

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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.
(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
not it is a home rule unit, may not regulate transportation
network companies, transportation network company drivers, or
transportation network company services in a manner that is
less restrictive than the regulation by the State under this
Act. This Section is a limitation under subsection (i) of
Section 6 of Article VII of the Illinois Constitution on the
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.".