Transportation Network Company Legislative Issue Status April 13, 2015 Update

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1 Click on the State Name to go to Details about the Bills Alaska Arizona Arkansas California Colorado Connecticut District of Columbia Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Maine Maryland Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Rhode Island South Carolina Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin

2 Alaska 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, 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 California Gov. Jerry Brown signed AB 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. 2

3 Colorado Bill Number: SB 125 Status: Signed by the Governor 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: B Status: Ordinance Passed 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. 3

4 Georgia 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, The bill passed the Senate March 10. The following bills are dead for the year: HB Includes transportation network companies and transportation network drivers in the motor carrier law. HB 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. SB Authorizes transportation network companies to operate in the state upon regulation by the counties. SB 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

5 Bill Number: SB 2774 Status: SB 2774 Signed by Governor Illinois Senate Bill 2774, regulating TNCs was signed by then-governor Pat Quinn Jan. 12, and becomes effective June 1, 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. 5

6 Maryland 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 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 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. 6

7 Nebraska 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 and S 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 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. 7

8 North Dakota 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 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. 8

9 South Carolina 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 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. 9

10 Virginia Bill Number: HB 1662/SB 1025 Status: Signed by the Governor Virginia Gov. Terry McAuliffe signed TNC legislation SB 1025/HB 1662 February 17, 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, 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, The Senate companion, SB 106, remains pending. 10