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Substitute Senate Bill No. 807

Public Act No. 17-203

AN ACT CONCERNING TRANSPORTATION NETWORK COMPANIES AND TAXICABS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Subsection (a) of section 2 of public act 17-140 is repealed and the following is substituted in lieu thereof (Effective January 1, 2018):

(a) On and after January 1, 2018, each transportation network company shall register annually with the Commissioner of Transportation on a form prescribed by the commissioner. The registration form shall include: (1) The transportation network company's name, business address and telephone number; (2) if the company is registered in another state, the name, address and telephone number of the company's agent for service of process in this state; (3) the name, address and telephone number of a person at the company who will serve as the main contact person for the commissioner; and (4) information sufficient to demonstrate, to the commissioner's satisfaction, that the company is in compliance with the provisions of this section and sections 3 to 5, inclusive, of [this act] substitute house bill 7126, as amended by House Amendment Schedule "A", and any regulations adopted pursuant to subsection (j) of section 3 of [this act] substitute house bill 7126, as amended by House Amendment Schedule "A". Each transportation network company seeking initial registration shall submit with its registration form filed under this section a nonrefundable registration fee of [fifty] five thousand dollars. Each registration shall be renewed annually. The nonrefundable fee for such renewal shall be five thousand dollars. The registrant shall file amendments to the registration reporting to the commissioner any material changes in any information contained in the registration not later than thirty calendar days after the registrant knows or reasonably should know of the change.

Sec. 2. Subsection (a) of section 5 of public act 17-140 is repealed and the following is substituted in lieu thereof (Effective January 1, 2018):

(a) A transportation network company driver or a transportation network company on the driver's behalf shall procure and maintain [an] primary automobile liability insurance [policy] that recognizes that the driver is a transportation network company driver, or otherwise uses a vehicle to transport passengers for compensation, and provides coverage for the driver as follows:

(1) For the period during which the driver is connected to the transportation network company's digital network and is available to receive requests for prearranged rides but is not engaged in the provision of a prearranged ride: (A) [Automobile] Primary automobile liability insurance coverage of at least (i) fifty thousand dollars for damages by reason of bodily injury to, or the death of, any one person, (ii) one hundred thousand dollars for damages by reason of bodily injury or death per accident, and (iii) twenty-five thousand dollars for property damage; and (B) uninsured and underinsured motorist coverage in accordance with the provisions of section 38a-336 of the general statutes; and

(2) For the period during which the driver is engaged in the provision of a prearranged ride: (A) [Automobile] Primary automobile liability insurance coverage of at least one million dollars for damages by reason of bodily injury, death or property damage per accident; and (B) uninsured and underinsured motorist coverage in accordance with the provisions of section 38a-336 of the general statutes.

Sec. 3. Section 13b-99 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):

(a) Upon the granting of a certificate of public convenience and necessity as provided in section 13b-97, the holder thereof may apply to the Commissioner of Motor Vehicles for the registration of any taxicab of which the holder is the owner or lessee and which is to be used as specified in such certificate, and the Commissioner of Motor Vehicles shall have jurisdiction over the registration of any taxicab and its exterior lighting equipment and over the licensing of its operator. Each registered taxicab shall have [a permanently attached electric rooftop light] an electric light attached to the rooftop of the taxicab. Each registered taxicab shall indicate, in [three-inch type permanently] type affixed to the outside of such taxicab, the phone number of the company operating such taxicab.

(b) Each such taxicab shall be inspected, biennially, at the time of renewal of registration of such taxicab, by a repairer or limited repairer licensed and authorized by the Commissioner of Motor Vehicles to perform such inspections. The commissioner shall set a fee for such an inspection.

(c) Each such taxicab shall be exempt from the provisions of subsection (d) of section 14-100a.

(d) The Commissioner of Motor Vehicles shall adopt regulations, in accordance with chapter 54, to carry out the purposes of this section. The Commissioner of Motor Vehicles shall consult with the Commissioner of Transportation before adopting any regulation concerning the attachment of a rooftop light to a taxicab under subsection (a) of this section.

Sec. 4. Subsection (h) of section 5 of public act 17-140 is repealed and the following is substituted in lieu thereof (Effective January 1, 2018):

(h) (1) An insurance company that excludes coverage pursuant to subsection (g) of this section shall have no duty to defend or indemnify any claim against a transportation network company driver for which coverage is expressly excluded in such driver's automobile liability insurance policy. If an insurance company defends or indemnifies a claim against a transportation network company driver for which coverage is expressly excluded in such driver's automobile liability insurance policy, the insurance company shall have a right of subrogation against other insurance companies that provide automobile liability insurance coverage to such driver to satisfy the requirements of subsection (a) of this section.

(2) Nothing in this section shall be construed to invalidate or limit an exclusion contained in an automobile liability insurance policy, including any such policy in use or approved for use in this state prior to January 1, 2018, that excludes coverage for vehicles used to transport property or passengers for a fee or available for hire by the public.

[(3) In the event of a claim against a transportation network company driver in which there is disagreement between such driver's insurance company and the transportation network company's insurance company as to which insurance company has the duty to defend, the insurance company issuing the transportation network company's automobile insurance policy shall have the duty to defend such claim.]

Approved July 10, 2017