SPONSOR:	Sen. Townsend

DELAWARE STATE SENATE

148th GENERAL ASSEMBLY

SENATE AMENDMENT NO. 4

SENATE BILL NO. 262

AMEND Senate Bill 262 by inserting at the end of line 16 the following:

“Transportation network company does not include a transportation broker arranging nonemergency medical transportation for Medicaid or Medicare members pursuant to a contract with the State or a managed care organization.”

FURTHER AMEND Senate Bill No. 262 on line 31 and 32 by striking the following:

“or service or any other type of arrangement or service in which the driver receives a fee that does not exceed the costs associated with providing the ride”

FURTHER AMEND Senate Bill No. 262 on line 73 after the word “Driver” and before the “:” by inserting the following: “in both of the following two circumstances”.

FURTHER AMEND Senate Bill No. 262 on line 74 by striking “or” and substituting in lieu thereof “and”,

FURTHER AMEND Senate Bill No. 262 by striking lines 91 and 92 and substituting in lieu thereof the following:

“Minimum coverage amounts where required by §2118 of Title 21 of the Delaware Code and Section 3902 of Title 18.”

FURTHER AMEND Senate Bill No. 262 by inserting between lines 127 and 128 the following:

(b) A transportation network company shall make the following disclosure to a TNC Driver in the TNC Driver's terms of service: 'If the vehicle with which you provide transportation network company services has a lien against it, you must notify the lienholder that you provide transportation network company services with such vehicle. Providing such transportation network company services may violate the terms of your contract with the lienholder.’

FURTHER AMEND Senate Bill No. 262 on line 134 by striking “coverage” and substituting in lieu thereof the following:

“benefits as required by §2118 of Title 21 of the Delaware Code and §3902 of Title 18 of the Delaware Code”.

FURTHER AMEND Senate Bill No. 262 on line 139 by deleting “Chapter” and substituting in lieu thereof the following:

“Chapters 21 and”.

FURTHER AMEND Senate Bill No. 262 on line 159 by striking “potentially”.

FURTHER AMEND Senate Bill No. 262 by inserting between lines 161 and 162 the following:

“(d) If a lender or a secured party has a secured interest in a TNC Driver's vehicle and a transportation network company's insurer makes a payment for a claim for damage to the TNC Driver's vehicle that is covered under comprehensive or collision damage coverage held by the transportation network company, the insurer shall issue the payment directly to the vehicle repair shop or jointly to the owner of the vehicle and the primary lender or secured party on the covered vehicle.

(e) Nothing in this section shall limit the right of a lender or secured party of a TNC Driver's vehicle to require a TNC Diver to maintain comprehensive, collision damage coverage, or both for a TNC Driver's vehicle, or to show evidence of such coverage to the lender or secured party, that would cover the period when the TNC Driver is logged on to the transportation network company's digital network but is not engaged in a prearranged ride or when the TNC Driver is engaged in a prearranged ride. If the TNC Driver fails to maintain the required comprehensive or collision damage coverage, or to show evidence to the lender or secured party of the coverage upon reasonable request by the lender or secured party, the lender or secured party may obtain the coverage at the expense of the TNC Driver”.