Legislative Issue Status from PCI

Transcription

Legislative Issue Status from PCI
Transportation Network Company
Legislative Issue Status
April 13, 2015 Update
Click on the State Name to go to Details about the Bills
Alaska
Connecticut
Idaho
Kentucky
Mississippi
New Jersey
Ohio
Tennessee
Washington
Arizona
District of Columbia
Illinois
Maine
Missouri
New Mexico
Oklahoma
Texas
West Virginia
Arkansas
Florida
Indiana
Maryland
Montana
New York
Oregon
Utah
Wisconsin
California
Georgia
Iowa
Michigan
Nebraska
North Carolina
Rhode Island
Vermont
Colorado
Hawaii
Kansas
Minnesota
Nevada
North Dakota
South Carolina
Virginia
Transportation Network Company
Legislative Issue Status
April 13, 2015 Update
Alaska
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Bill Number: SB 58 /HB 120
Status: Labor and Commerce Committees
HB 120 and SB 58 now include the language of the TNC Insurance Compromise Model Bill providing for
insurance coverage during periods 1 through 3, disclosure language, exchange of information, and
personal auto insurers right to exclude coverage during the app on or roaming period. While PCI
supports the primary insurance provisions we are neutral on the TNC’s proposal to exclude their drivers
from workers’ compensation benefits. We have also raised public policy concerns with the retroactive
language related to workers’ compensation claims because it sets an inappropriate precedent.
Arizona
Bill Number: HB 2135
Status: HB 2135 Signed by Gov.
On April 9, Arizona’s governor signed HB 2135, which requires primary coverage from app on to app off
after March 1, 2016. The bill also includes legislative intent language to encourage the DOI to expedite
approval of products and the intention of the legislation is to have at least two products available for
consumers to purchase by the March 1, 2016, effective date.
Arkansas
Bill Number: SB 780 and SB 800
Status: SB 780 and SB 800 Signed by Gov.
SB 800, which was supported by the TNCs and contained gaps in insurance coverage for period 1 when
the app is on but prior to a match being made passed in the legislature just prior to the national
compromise model bill being finalized. However, SB 780 which contains language consistent with the
compromise bill to replace the insurance sections in SB 800 passed on the last day of the session. SB 800
was signed April 6 and SB 780 was signed April 9.
California
Bill Number: AB 2293
Status: Signed by Governor - 2014
California Gov. Jerry Brown signed AB 2293. This well-balanced bill provides protection for the public by
establishing reasonable insurance limits and creates a firewall protecting personal auto insurance from
subsidizing commercial activities. The primary insurance coverage requirement in the timeframe
formerly known as, “App On to Match,” is $50,000/$100,000/$30,000 with excess coverage of $200,000.
It also provides the California Public Utilities Commission oversight of TNCs. Insurers and TNC firms were
on record supporting the bill. Other states examining how to balance insurance and TNCs can look to AB
2293 as a great starting place.
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Transportation Network Company
Legislative Issue Status
April 13, 2015 Update
Colorado
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Bill Number: SB 125
Status: Signed by the Governor - 2014
Colorado’s new ride sharing law took effect Jan. 15 and provides certainty of insurance coverage for TNC
drivers and passengers. The new law, created by SB 125, enables TNCs to continue operating in Colorado
by regulating ride sharing companies and requiring TNCs to provide their drivers with primary insurance
coverage app on to app off.
Connecticut
Bill Number: HB 6683
Status: Committee on Insurance and Real Estate
The Connecticut Transportation Committee struck all the language of HB 6683 and substituted
transportation network company (TNC) provisions. However, lawmakers indicated that the insurance
provisions would receive further consideration which provides an opportunity to address the industry’s
essential elements.
District of Columbia
Bill Number: B20-753
Status: Ordinance Passed - 2014
The D.C. City Council approved regulations for TNCs that are in synch with many of the PCI essential
elements and requires them to provide primary coverage during the prearranged ride and during the
app on/off period outside of the prearranged ride; essential disclosures; carve out for PPA policies; and
allows flexibility of coverage such as a PPA endorsement and surplus lines.
Florida
Bill Number: HB 817, SB 1298, SB 1326, HB 757
Status: In Committees
HB 817 was amended to incorporate the national insurance compromise model agreement and allows
participation by surplus lines companies. It has cleared all committees and will go to the floor at the
discretion of the Rules Committee.
SB 1298 was approved in the Senate Appropriations Committee today April 9. It requires admitted
carriers to provide the commercial liability coverage mandated for TNCs and rules out surplus lines
insurers. The package also establishes higher mandatory insurance limits than the national compromise
model. The Senate bill will go to the floor at the discretion of the Rules Committee.
SB 1326 provides requirements for drivers of TNCs; and requires TNCs to comply with the insurance
requirements similar to those for taxis. This bill has yet to be scheduled for a committee hearing.
HB 757 Sets forth insurance requirements for transportation network companies and their drivers. This
bill has been filed but not yet referred.
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Transportation Network Company
Legislative Issue Status
April 13, 2015 Update
Georgia
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Bill Number: HB 190
Status: Sent to Gov
On April 2, the Georgia legislature passed HB 190 which contains the model compromise language
agreed to by the TNCs and the insurance industry. The bill was sent to the governor April 9. The TNC’s SB
196 died as it did not advance before the senate calendar cross over date.
Hawaii
Bill Number: SB 1280
Status: Senate Floor
SB1280 SD2 HD2, which requires the PUC to regulate transportation network companies and establishes
requirements for persons who operate or serve as drivers for transportation network companies
including primary insurance from app on was approved in the House Committee on Finance on April 7,
2015. The bill passed the Senate March 10.
The following bills are dead for the year:
HB742 -- Includes transportation network companies and transportation network drivers in the motor
carrier law.
HB1287 -- Requires the PUC to regulate transportation network companies.
HB1463 HD1 – Regulates transportation network companies including the necessary types of coverage
and timeframe as to when the coverage is applicable.
SB200 -- Authorizes transportation network companies to operate in the state upon regulation by the
counties.
SB732 -- Regulates transportation network companies under the motor carrier law.
Idaho
Bill Number: HB 316
Status: Sent to Governor
On April 1, the Idaho Senate gave unanimous final approval to HB 316, the Idaho version of a national
insurance industry-Transportation Network Company (TNC) agreement on legislation establishing
insurance requirements for TNC companies and drivers. The bill had been given unanimous approval in
the state House on March 27.
Legislation (HB 171) to close insurance gaps for transportation network company vehicles and a TNC
industry supported bill (HB 201) that left open the coverage gaps are now dead.
Illinois
Bill Number: SB 1686
Status: Senate Assignments Committee
This legislation is similar to TNC legislation vetoed in 2014.
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Transportation Network Company
Legislative Issue Status
April 13, 2015 Update
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Bill Number: SB 2774
Status: SB 2774 Signed by Governor - 2014
Illinois Senate Bill 2774, regulating TNCs was signed by then-Governor Pat Quinn Jan. 12, and becomes
effective June 1, 2015. This legislation supported by the TNCs has insurance gaps for period one and the
insurance industry is considering pursuing legislation in the 2015 session to address the problems.
Indiana
Bill Number: SB 347/HB 1278
Status: Insurance Committee
House Bill 1278 was approved by the Senate Insurance Committee April 2. It is consistent with the
national insurance compromise and contains the essential elements to close the TNC insurance gaps.
Senate Bill 347 which passed the Senate Feb. 9 is in the House Transportation Committee.
Iowa
Bill Number: HF 394 and HF 96
Status: HF 394 in Senate Transportation Committee
House File 394 passed the House March 24 and has been assigned to the Transportation Committee.
The bill contains language consistent with the national compromise. HF 96 has not advanced.
Kansas
Bill Number: SB 117
Status: Sent to the Gov.
The Kansas Legislature sent SB 117 to the governor. The bill reflects the national compromise language
reached between insurers and the TNCs. However, the bankers were successful in getting an
amendment that would require a TNC driver with a lien on their vehicle to provide verification to the
lienholder that the vehicle has comprehensive and collision coverage. Uber opposed the amended bill
and is calling for a veto. PCI remains supportive of the insurance language that reflects the national
compromise.
Kentucky
Bill Number: SB 153
Status: Signed by Governor
SB 153, which re-writes and updates all the livery statutes that includes TNC related language and
requires the Transportation Cabinet to adopt revised regulations to address the Period One insurance
gap, was signed by the Governor March 19.
Maine
Bill Number: LR 1356, LR 1441, LD 982
Status: Introduced
Several TNC related bill shave been filed and efforts are underway to modify one of the bills to reflect
the national insurance compromise agreement. At this point it is unclear what bill will be amended.
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Transportation Network Company
Legislative Issue Status
April 13, 2015 Update
Maryland
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Bill Number: SB 868
Status: Reported Favorable by Senate Finance Committee
With the Maryland General Assembly close to adjournment, Senate Bill 868, which was originally
opposed by the insurance industry, has been amended to require TNCs or their drivers provide primary
insurance coverage app on to app off. It allows different limits during the three periods of TNC activity.
However there are still some key concerns regarding carrier disclosures that continue to be negotiated.
Michigan
Bill Number: HB 4032
Status: House Communications & Technology Committee
TNC bill (HB 4032) was introduced Jan. 20 and is in the Communications & Technology Committee. A bill
that reflects the national model compromise language is being drafted to fit Michigan’s no-fault law.
Minnesota
Bill Number: HF 1783 and SF1679
Status: On the Floor
The Senate Judiciary Committee approved S.F. 1679 March 27. The bill contains some elements of the
national compromise but others were rejected. The House Commerce and Regulatory Reform
Committee approved H.F. 1783 March 23. The bill is consistent with the national compromise model in
addressing the insurance gaps.
Mississippi
Bill Number: HB 1211 and SB 2564
Status: Dead
Both bills died in committee as they failed to advance before the committee deadline.
Missouri
Bill Number: HB 781/SB 351
Status: HB 781 Approved in Insurance Committee/SB 351 heard in Commerce Committee
The House Insurance Committee approved HB 781 which contains the essential elements for TNC
insurance requirements by requiring TNC primary coverage from app on to app off and certain
disclosures and notifications. Senate Bill 351 is a separate TNC bill and the industry is working to address
its concerns with the insurance components. The industry is working with lawmakers to amend one of
the bills to be consistent with the national insurance compromise model.
Montana
Bill Number: SB 396
Status: Senate Business, Labor & Economic Affairs Committee
On March 26, the Montana Senate Business, Labor & Economic Affairs Committee approved SB 396,
which mirrors the language of a national TNC Insurance Compromise Model bill to close insurance gaps
for drivers who use their personal automobiles to transport passengers for a fee. HB 267, HB 428 and SB
381 were defeated in committee.
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Transportation Network Company
Legislative Issue Status
April 13, 2015 Update
Nebraska
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Bill Number: LB 629
Status: LB 629 In Transportation Committee
The Transportation Committee advanced LB 629 regulating TNC's. The bill was amended and while it
does not contain the national compromise language, it reflects key insurance issues including primary
coverage from app on to app off and includes additional provisions.
Nevada
Bill Number: SB 439 and SB 440
Status: Senate Commerce Committee
April 9 the Senate Commerce Committee approved SB 439 and on April 10 it approved SB 440. It
appears that a version of the national compromise language was inserted into SB 440.
New Jersey
Bill Number: A-3765
Status: In Assembly
The Assembly Transportation Committee approved legislation A-3765 March 19. However, this was
before the national compromise model was agreed to by the TNCs and insurers. The bill sponsor and
other stakeholders are discussing how to incorporate compromise framework into the bill. New Jersey is
in its budget period, so no action will be taken on the bill at this time.
New Mexico
Bill Number: HB 272 and SB 395
Status: Dead – Session Adjourned
HB 272, which addressed the TNC insurance gaps passed the House and was working its way through
the Senate but ultimately failed to advance. The Taxis were opposed to any legislation that would
permit TNCs to operate and they were successful in stopping the bill in the final days of session.
New York
Bill Number: S. 4280 and S. 4180
Status: Introduced
The TNCs are supporting S.4280 while the S.4108 has the essential elements to close the insurance gaps
for TNC drivers.
North Carolina
Bill Number: HB 272
Status: Signed by Governor - 2014
The Revenue Laws Study Committee held a hearing in November to study the registration requirements,
fees, and penalties applicable to for-hire passenger vehicles, including for-hire passenger vehicles
directed by digital dispatching services. As a result of HB 272, the Committee was charged with
conducting the study and shall report its findings, together with any recommended legislation, to the
2015 Regular Session of the 2015 General Assembly upon its convening.
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Transportation Network Company
Legislative Issue Status
April 13, 2015 Update
North Dakota
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Bill Number: HB 1144 and SB 2368
Status: HB 1144 Sent to Gov.
The North Dakota legislature passed HB 1144 April 8 which contains the language from the national
compromise model. SB 2368, which did not contain the elements necessary to close the TNC insurance
gaps died.
Ohio
Bill Number: HB 90
Status: Introduced
Legislation (HB 90) which provides clear insurance rules for TNC activities and contains the essential
elements to close the insurance coverage gaps was introduced Feb. 25.
Oklahoma
Bill Number: SB 346/ HB 1614
Status: In Committee
Both SB 346, which contains the essential elements to close the TNC insurance gaps and HB 1614, which
makes the drivers personal auto policy primary and the TNC coverage contingent in stage one, were
approved in committee the week of Feb. 23. Negotiations on these bills are still underway.
Oregon
Bill Number: HB 2237/HB 2995
Status: House Transportation & Economic Development Committee
An Oregon-specific version of the TNC Insurance Compromise Model bill is being drafted as a strike-all
amendment to HB 2237.
Rhode Island
Bill Number: HB 5487
Status: House Corporations Committee
HB 5487 was heard by the House Corporations Committee. The bill which was introduced before the the
national insurance compromise agreement raised many questions. While the compromise language was
discussed, it appears that the committee will wait to receive the report from the special joint legislative
commission formed as a result of HB 8298 last year.
Bill Number: HB 8298 Created Special Commission
Status: Holding Hearings
This joint resolution passed in 2014 created an eleven (11) member special legislative commission. On
April 7, PCI testified before the special joint legislative commission in support of the model legislation
agreed to by transportation network companies (TNCs) and insurers.
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Transportation Network Company
Legislative Issue Status
April 13, 2015 Update
South Carolina
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Bill Number: HB 3525 and HB 3413/SB 409
Status: HB 3525 In Labor, Commerce and Industry Committee
House Bill 3525 that contain the industry’s essential elements to close the insurance gaps for TNCs was
approved in subcommittee March 17 and will now go to the full Labor, Commerce and Industry
Committee. The Senate Transportation Subcommittee heard Senate Bill 409, which would establish
minimal insurance regulations for transportation network companies (TNCs) was heard March 17.
Tennessee
Bill Number: SB907/HB992 (TNC’s Bill); SB1052/HB1075 (Closes Gaps)
Status: Introduced
Competing bills have been introduced in the House and Senate. The TNC’s bills are SB 907/HB 002. The
legislation based on the “essential elements” to close the insurance gaps is SB 1052/HB 1075. Work is
underway to amend one of the bills with the language from the national insurance compromise model
bill. It currently is unclear which bill will be the vehicle used for the amendment.
Texas
Bill Number: HB 2440 and HB 1733
Status: Transportation and Insurance Committees
The national compromise language is in the two TNC bills. HB 2440 includes all TNC issues, including preemption of cities on all regulation. It was heard in the House Transportation Committee this week and
PCI supported it there. HB 1733 contains only the insurance compromise language without any of the
other issues. It should be set for hearing in the House Insurance Committee within the next two weeks.
Utah
Bill Number: HB 24
Status: Signed by the Governor
On March 30, the governor signed HB 24, the Commissioner's bill which also includes language on TNCs.
This bill contains the essential elements that will close the TNC insurance coverage gaps plus provides
comp and collision coverage.
Vermont
Bill Number: HB 385
Status: Introduced
House Bill 385 contains a Vermont-version of the insurance industry consensus bill on TNCs. However
efforts are underway to have the language from the national compromise model used in legislation.
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Transportation Network Company
Legislative Issue Status
April 13, 2015 Update
Virginia
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Bill Number: HB 1662/SB 1025
Status: Signed by the Governor
Virginia Gov. Terry McAuliffe signed TNC legislation SB 1025/HB 1662 February 17, 2015. The legislation
requires that the driver have TNC insurance that is primary and defined as a policy that specifically
covers TNC activities in all three periods, beginning January 1, 2016. Until 2016, TNC insurance coverage
to be primary in Periods 2 and 3, but secondary in Period 1.
Washington
Bill Number: SB 5550 and SHB 2131
Status: Senate Transportation Committee
On April 7, the Senate Transportation Committee amended ESHB 2131 to create a Washington-modified
version of the national insurance/TNC compromise. The measure is now on the Senate Floor Calendar
and could come to a vote at any time.
ESSB 5550, the Senate-passed bill that is currently in the House, has been amended to include the
industry/TNC language but includes a different definition of TNCs and TNC services. The measure could
also be brought to a vote at any time.
West Virginia
Bill Number: SB 585
Status: Dead
SB 585, which included TNC and taxi regulations, ended up stalling-out in the House due to noninsurance related language on non-discrimination for gender identity. Earlier in the session, a favorably
amended version of Uber’s bill, SB 385 was tabled and original industry bills HB 2546/SB 419 were not
acted upon. The session adjourned Mar. 14.
Wisconsin
Bill Number: AB 143 and SB 106
Status: State Affairs Committee
On April 8, AB 143, compromised legislation to address TNCs, advanced from the Assembly Committee
on State Affairs and Government Operations. The bill is scheduled for a floor vote on April 14, 2015.
The Senate companion, SB 106, remains pending.
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