Illinois General Assembly - Full Text of HB0156
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Full Text of HB0156  101st General Assembly


Sen. Emil Jones, III

Filed: 1/11/2021





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2    AMENDMENT NO. ______. Amend House Bill 156 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Transportation Network Providers Act is
5amended by adding Section 33 as follows:
6    (625 ILCS 57/33 new)
7    Sec. 33. Continuation of Act; validation.
8    (a) The General Assembly finds and declares that:
9        (1) Public Act 101-639, which took effect on June 12,
10    2020, changed the repeal date set for the Transportation
11    Network Providers Act from June 1, 2020 to June 1, 2021.
12        (2) The Statute on Statutes sets forth general rules on
13    the repeal of statutes and the construction of multiple
14    amendments, but Section 1 of that Act also states that
15    these rules will not be observed when the result would be
16    "inconsistent with the manifest intent of the General



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1    Assembly or repugnant to the context of the statute".
2        (3) This amendatory Act of the 101st General Assembly
3    manifests the intention of the General Assembly to extend
4    the repeal of the Transportation Network Providers Act and
5    have the Transportation Network Providers Act continue in
6    effect until June 1, 2021.
7        (4) The Transportation Network Providers Act was
8    originally enacted to protect, promote, and preserve the
9    general welfare. Any construction of this Act that results
10    in the repeal of this Act on June 1, 2020 would be
11    inconsistent with the manifest intent of the General
12    Assembly and repugnant to the context of the Transportation
13    Network Providers Act.
14    (b) It is hereby declared to have been the intent of the
15General Assembly that the Transportation Network Providers Act
16not be subject to repeal on June 1, 2020.
17    (c) The Transportation Network Providers Act shall be
18deemed to have been in continuous effect since June 1, 2015
19(the effective date of Public Act 98-1173), and it shall
20continue to be in effect until it is otherwise lawfully
21repealed. All previously enacted amendments to the Act taking
22effect on or after June 1, 2020, are hereby validated.
23    (d) All actions taken in reliance on or pursuant to the
24Transportation Network Providers Act by any person or entity
25are hereby validated.
26    (e) In order to ensure the continuing effectiveness of the



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1Transportation Network Providers Act, it is set forth in full
2and reenacted by this amendatory Act of the 101st General
3Assembly. Striking and underscoring are used only to show
4changes being made to the base text. This reenactment is
5intended as a continuation of the Act. It is not intended to
6supersede any amendment to the Act that is enacted by the 101st
7General Assembly.
8    (f) The Transportation Network Providers Act applies to all
9claims, civil actions, and proceedings pending on or filed on
10or before the effective date of this amendatory Act of the
11101st General Assembly.
12    Section 15. The Transportation Network Providers Act is
13reenacted as follows:
14    (625 ILCS 57/Act title)
15An Act concerning regulation.
16    (625 ILCS 57/1)
17    Sec. 1. Short title. This Act may be cited as the
18Transportation Network Providers Act.
19(Source: P.A. 98-1173, eff. 6-1-15.)
20    (625 ILCS 57/5)
21    Sec. 5. Definitions.
22    "Transportation network company" or "TNC" means an entity



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1operating in this State that uses a digital network or software
2application service to connect passengers to transportation
3network company services provided by transportation network
4company drivers. A TNC is not deemed to own, control, operate,
5or manage the vehicles used by TNC drivers, and is not a
6taxicab association or a for-hire vehicle owner.
7    "Transportation network company driver" or "TNC driver"
8means an individual who operates a motor vehicle that is:
9        (1) owned, leased, or otherwise authorized for use by
10    the individual;
11        (2) not a taxicab or for-hire public passenger vehicle;
12    and
13        (3) used to provide transportation network company
14    services.
15    "Transportation network company services" or "TNC
16services" means transportation of a passenger between points
17chosen by the passenger and prearranged with a TNC driver
18through the use of a TNC digital network or software
19application. TNC services shall begin when a TNC driver accepts
20a request for transportation received through the TNC's digital
21network or software application service, continue while the TNC
22driver transports the passenger in the TNC driver's vehicle,
23and end when the passenger exits the TNC driver's vehicle. TNC
24service is not a taxicab, for-hire vehicle, or street hail
26(Source: P.A. 98-1173, eff. 6-1-15.)



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1    (625 ILCS 57/10)
2    Sec. 10. Insurance.
3    (a) Transportation network companies and participating TNC
4drivers shall comply with the automobile liability insurance
5requirements of this Section as required.
6    (b) The following automobile liability insurance
7requirements shall apply from the moment a participating TNC
8driver logs on to the transportation network company's digital
9network or software application until the TNC driver accepts a
10request to transport a passenger, and from the moment the TNC
11driver completes the transaction on the digital network or
12software application or the ride is complete, whichever is
13later, until the TNC driver either accepts another ride request
14on the digital network or software application or logs off the
15digital network or software application:
16        (1) Automobile liability insurance shall be in the
17    amount of at least $50,000 for death and personal injury
18    per person, $100,000 for death and personal injury per
19    incident, and $25,000 for property damage.
20        (2) Contingent automobile liability insurance in the
21    amounts required in paragraph (1) of this subsection (b)
22    shall be maintained by a transportation network company and
23    provide coverage in the event a participating TNC driver's
24    own automobile liability policy excludes coverage
25    according to its policy terms or does not provide at least



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1    the limits of coverage required in paragraph (1) of this
2    subsection (b).
3    (c) The following automobile liability insurance
4requirements shall apply from the moment a TNC driver accepts a
5ride request on the transportation network company's digital
6network or software application until the TNC driver completes
7the transaction on the digital network or software application
8or until the ride is complete, whichever is later:
9        (1) Automobile liability insurance shall be primary
10    and in the amount of $1,000,000 for death, personal injury,
11    and property damage. The requirements for the coverage
12    required by this paragraph (1) may be satisfied by any of
13    the following:
14            (A) automobile liability insurance maintained by a
15        participating TNC driver;
16            (B) automobile liability company insurance
17        maintained by a transportation network company; or
18            (C) any combination of subparagraphs (A) and (B).
19        (2) Insurance coverage provided under this subsection
20    (c) shall also provide for uninsured motorist coverage and
21    underinsured motorist coverage in the amount of $50,000
22    from the moment a passenger enters the vehicle of a
23    participating TNC driver until the passenger exits the
24    vehicle.
25        (3) The insurer, in the case of insurance coverage
26    provided under this subsection (c), shall have the duty to



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1    defend and indemnify the insured.
2        (4) Coverage under an automobile liability insurance
3    policy required under this subsection (c) shall not be
4    dependent on a personal automobile insurance policy first
5    denying a claim nor shall a personal automobile insurance
6    policy be required to first deny a claim.
7    (d) In every instance when automobile liability insurance
8maintained by a participating TNC driver to fulfill the
9insurance obligations of this Section has lapsed or ceased to
10exist, the transportation network company shall provide the
11coverage required by this Section beginning with the first
12dollar of a claim.
13    (e) This Section shall not limit the liability of a
14transportation network company arising out of an automobile
15accident involving a participating TNC driver in any action for
16damages against a transportation network company for an amount
17above the required insurance coverage.
18    (f) The transportation network company shall disclose in
19writing to TNC drivers, as part of its agreement with those TNC
20drivers, the following:
21        (1) the insurance coverage and limits of liability that
22    the transportation network company provides while the TNC
23    driver uses a vehicle in connection with a transportation
24    network company's digital network or software application;
25    and
26        (2) that the TNC driver's own insurance policy may not



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1    provide coverage while the TNC driver uses a vehicle in
2    connection with a transportation network company digital
3    network depending on its terms.
4    (g) An insurance policy required by this Section may be
5placed with an admitted Illinois insurer, or with an authorized
6surplus line insurer under Section 445 of the Illinois
7Insurance Code; and is not subject to any restriction or
8limitation on the issuance of a policy contained in Section
9445a of the Illinois Insurance Code.
10    (h) Any insurance policy required by this Section shall
11satisfy the financial responsibility requirement for a motor
12vehicle under Sections 7-203 and 7-601 of the Illinois Vehicle
14    (i) If a transportation network company's insurer makes a
15payment for a claim covered under comprehensive coverage or
16collision coverage, the transportation network company shall
17cause its insurer to issue the payment directly to the business
18repairing the vehicle, or jointly to the owner of the vehicle
19and the primary lienholder on the covered vehicle.
20(Source: P.A. 98-1173, eff. 6-1-15; 99-56, eff. 7-16-15.)
21    (625 ILCS 57/15)
22    Sec. 15. Driver requirements.
23    (a) Prior to permitting an individual to act as a TNC
24driver on its digital platform, the TNC shall:
25        (1) require the individual to submit an application to



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1    the TNC or a third party on behalf of the TNC, which
2    includes information regarding his or her full legal name,
3    social security number, address, age, date of birth,
4    driver's license, driving history, motor vehicle
5    registration, automobile liability insurance, and other
6    information required by the TNC;
7        (2) conduct, or have a third party conduct, a local and
8    national criminal history background check for each
9    individual applicant that shall include:
10            (A) Multi-State or Multi-Jurisdictional Criminal
11        Records Locator or other similar commercial nationwide
12        database with validation (primary source search); and
13            (B) National Sex Offenders Registry database; and
14        (3) obtain and review a driving history research report
15    for the individual.
16    (b) The TNC shall not permit an individual to act as a TNC
17driver on its digital platform who:
18        (1) has had more than 3 moving violations in the prior
19    three-year period, or one major violation in the prior
20    three-year period including, but not limited to,
21    attempting to evade the police, reckless driving, or
22    driving on a suspended or revoked license;
23        (2) has been convicted, within the past 7 years, of
24    driving under the influence of drugs or alcohol, fraud,
25    sexual offenses, use of a motor vehicle to commit a felony,
26    a crime involving property damage, or theft, acts of



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1    violence, or acts of terror;
2        (3) is a match in the National Sex Offenders Registry
3    database;
4        (4) does not possess a valid driver's license;
5        (5) does not possess proof of registration for the
6    motor vehicle used to provide TNC services;
7        (6) does not possess proof of automobile liability
8    insurance for the motor vehicle used to provide TNC
9    services; or
10        (7) is under 19 years of age.
11    (c) An individual who submits an application under
12paragraph (1) of subsection (a) that contains false or
13incomplete information shall be guilty of a petty offense.
14(Source: P.A. 100-738, eff. 8-7-18.)
15    (625 ILCS 57/20)
16    Sec. 20. Non-discrimination.
17    (a) The TNC shall adopt and notify TNC drivers of a policy
18of non-discrimination on the basis of destination, race, color,
19national origin, religious belief or affiliation, sex,
20disability, age, sexual orientation, or gender identity with
21respect to passengers and potential passengers.
22    (b) TNC drivers shall comply with all applicable laws
23regarding non-discrimination against passengers or potential
24passengers on the basis of destination, race, color, national
25origin, religious belief or affiliation, sex, disability, age,



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1sexual orientation, or gender identity.
2    (c) TNC drivers shall comply with all applicable laws
3relating to accommodation of service animals.
4    (d) A TNC shall not impose additional charges for providing
5services to persons with physical disabilities because of those
7    (e) A TNC shall provide passengers an opportunity to
8indicate whether they require a wheelchair accessible vehicle.
9If a TNC cannot arrange wheelchair-accessible TNC service in
10any instance, it shall direct the passenger to an alternate
11provider of wheelchair-accessible service, if available.
12    (f) If a unit of local government has requirements for
13licensed chauffeurs not to discriminate in providing service in
14under-served areas, TNC drivers participating in TNC services
15within that unit of local government shall be subject to the
16same non-discrimination requirements for providing service in
17under-served areas.
18(Source: P.A. 98-1173, eff. 6-1-15.)
19    (625 ILCS 57/25)
20    Sec. 25. Safety.
21    (a) The TNC shall implement a zero tolerance policy on the
22use of drugs or alcohol while a TNC driver is providing TNC
23services or is logged into the TNC's digital network but is not
24providing TNC services.
25    (b) The TNC shall provide notice of the zero tolerance



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1policy on its website, as well as procedures to report a
2complaint about a driver with whom a passenger was matched and
3whom the passenger reasonably suspects was under the influence
4of drugs or alcohol during the course of the trip.
5    (c) Upon receipt of a passenger's complaint alleging a
6violation of the zero tolerance policy, the TNC shall
7immediately suspend the TNC driver's access to the TNC's
8digital platform, and shall conduct an investigation into the
9reported incident. The suspension shall last the duration of
10the investigation.
11    (d) The TNC shall require that any motor vehicle that a TNC
12driver will use to provide TNC services meets vehicle safety
13and emissions requirements for a private motor vehicle in this
15    (e) TNCs or TNC drivers are not common carriers, contract
16carriers or motor carriers, as defined by applicable State law,
17nor do they provide taxicab or for-hire vehicle service.
18(Source: P.A. 98-1173, eff. 6-1-15.)
19    (625 ILCS 57/30)
20    Sec. 30. Operational.
21    (a) A TNC may charge a fare for the services provided to
22passengers; provided that, if a fare is charged, the TNC shall
23disclose to passengers the fare calculation method on its
24website or within the software application service.
25    (b) The TNC shall provide passengers with the applicable



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1rates being charged and the option to receive an estimated fare
2before the passenger enters the TNC driver's vehicle.
3    (c) The TNC's software application or website shall display
4a picture of the TNC driver, and the license plate number of
5the motor vehicle utilized for providing the TNC service before
6the passenger enters the TNC driver's vehicle.
7    (d) Within a reasonable period of time following the
8completion of a trip, a TNC shall transmit an electronic
9receipt to the passenger that lists:
10        (1) the origin and destination of the trip;
11        (2) the total time and distance of the trip; and
12        (3) an itemization of the total fare paid, if any.
13    (e) Dispatches for TNC services shall be made only to
14eligible TNC drivers under Section 15 of this Act who are
15properly licensed under State law and local ordinances
16addressing these drivers if applicable.
17    (f) A taxicab may accept a request for transportation
18received through a TNC's digital network or software
19application service, and may charge a fare for those services
20that is similar to those charged by a TNC.
21(Source: P.A. 98-1173, eff. 6-1-15.)
22    (625 ILCS 57/32)
23    Sec. 32. Preemption. A unit of local government, whether or
24not it is a home rule unit, may not regulate transportation
25network companies, transportation network company drivers, or



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1transportation network company services in a manner that is
2less restrictive than the regulation by the State under this
3Act. This Section is a limitation under subsection (i) of
4Section 6 of Article VII of the Illinois Constitution on the
5concurrent exercise by home rule units of powers and functions
6exercised by the State.
7(Source: P.A. 99-56, eff. 7-16-15.)
8    (625 ILCS 57/34)
9    Sec. 34. Repeal. This Act is repealed on June 1, 2021.
10(Source: P.A. 101-639, eff. 6-12-20.)
11    Section 99. Effective date. This Act takes effect upon
12becoming law.".