Full Text of SB2183 102nd General Assembly
SB2183ham002 102ND GENERAL ASSEMBLY | Rep. Michael J. Zalewski Filed: 5/4/2021
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| 1 | | AMENDMENT TO SENATE BILL 2183
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2183 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Transportation Network Providers Act is | 5 | | amended by adding Section 33.1 as follows: | 6 | | (625 ILCS 57/33.1 new) | 7 | | Sec. 33.1. Continuation of Act; validation. | 8 | | (a) The General Assembly finds and declares that: | 9 | | (1) Public Act 101-660, which took effect on April 2,
| 10 | | 2021, reenacted and validated the extension of the repeal | 11 | | date for the Transportation Network Providers Act to June | 12 | | 1, 2021 made by Public Act 101-639. | 13 | | (2) The Statute on Statutes sets forth general rules | 14 | | on
the repeal of statutes and the construction of multiple
| 15 | | amendments, but Section 1 of that Act also states that
| 16 | | these rules will not be observed when the result would be
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| 1 | | "inconsistent with the manifest intent of the General
| 2 | | Assembly or repugnant to the context of the statute". | 3 | | (3) This amendatory Act of the 102nd General Assembly
| 4 | | manifests the intention of the General Assembly to extend
| 5 | | the repeal of the Transportation Network Providers
Act and | 6 | | have the Transportation Network Providers Act
continue in | 7 | | effect until January 1, 2023. | 8 | | (4) The Transportation Network Providers Act was
| 9 | | originally enacted to protect, promote, and preserve the
| 10 | | general welfare. Any construction of this Act that results
| 11 | | in the repeal of this Act on June 1, 2021 would be
| 12 | | inconsistent with the manifest intent of the General
| 13 | | Assembly and repugnant to the context of the | 14 | | Transportation Network Providers Act. | 15 | | (b) It is hereby declared to have been the intent of the
| 16 | | General Assembly that the Transportation Network Providers Act | 17 | | not be subject to repeal on June 1, 2021. | 18 | | (c) The Transportation Network Providers Act shall be
| 19 | | deemed to have been in continuous effect since June 1, 2015
| 20 | | (the effective date of Public Act 98-1173), and it shall
| 21 | | continue to be in effect until it is otherwise
lawfully | 22 | | repealed. All previously enacted amendments to the Act
taking | 23 | | effect on or after June 1, 2021, are hereby
validated. | 24 | | (d) All actions taken in reliance on or pursuant to the
| 25 | | Transportation Network Providers Act by any person or entity | 26 | | are hereby validated. |
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| 1 | | (e) In order to ensure the continuing effectiveness of the
| 2 | | Transportation Network Providers Act, it is set forth in
full | 3 | | and reenacted by this amendatory Act of the 102nd General
| 4 | | Assembly. Striking and underscoring are used only to show | 5 | | changes being made to the base text. This reenactment is | 6 | | intended as a continuation of
the Act. It is not intended to | 7 | | supersede any amendment to the
Act that is enacted by the 102nd | 8 | | General Assembly. | 9 | | (f) The Transportation Network Providers Act applies to | 10 | | all claims, civil actions, and proceedings pending on or filed | 11 | | on or before the effective date of this amendatory Act of the | 12 | | 102nd General Assembly. | 13 | | Section 10. The Transportation Network Providers Act is | 14 | | reenacted and amended as follows: | 15 | | (625 ILCS 57/Act title) | 16 | | An Act concerning regulation. | 17 | | (625 ILCS 57/1)
| 18 | | (Section scheduled to be repealed on June 1, 2021) | 19 | | Sec. 1. Short title. This Act may be cited as the | 20 | | Transportation Network Providers Act.
| 21 | | (Source: Reenacted by P.A. 101-660, eff. 4-2-21.) | 22 | | (625 ILCS 57/5)
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| 1 | | (Section scheduled to be repealed on June 1, 2021) | 2 | | Sec. 5. Definitions. | 3 | | "Transportation network company" or "TNC" means an entity | 4 | | operating in this State that uses a digital network or | 5 | | software application service to connect passengers to | 6 | | transportation network company services provided by | 7 | | transportation network company drivers. A TNC is not deemed to | 8 | | own, control, operate, or manage the vehicles used by TNC | 9 | | drivers, and is not a taxicab association or a for-hire | 10 | | vehicle owner. | 11 | | "Transportation network company driver" or "TNC driver" | 12 | | means an individual who operates a motor vehicle that is: | 13 | | (1) owned, leased, or otherwise authorized for use by | 14 | | the individual; | 15 | | (2) not a taxicab or for-hire public passenger | 16 | | vehicle; and | 17 | | (3) used to provide transportation network company | 18 | | services. | 19 | | "Transportation network company services" or "TNC | 20 | | services" means transportation of a passenger between points | 21 | | chosen by the passenger and prearranged with a TNC driver | 22 | | through the use of a TNC digital network or software | 23 | | application. TNC services shall begin when a TNC driver | 24 | | accepts a request for transportation received through the | 25 | | TNC's digital network or software application service, | 26 | | continue while the TNC driver transports the passenger in the |
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| 1 | | TNC driver's vehicle, and end when the passenger exits the TNC | 2 | | driver's vehicle. TNC service is not a taxicab, for-hire | 3 | | vehicle, or street hail service.
| 4 | | (Source: Reenacted by P.A. 101-660, eff. 4-2-21.) | 5 | | (625 ILCS 57/10)
| 6 | | (Section scheduled to be repealed on June 1, 2021) | 7 | | Sec. 10. Insurance. | 8 | | (a) Transportation network companies and participating TNC | 9 | | drivers shall comply with the automobile liability insurance | 10 | | requirements of this Section as required. | 11 | | (b) The following automobile liability insurance | 12 | | requirements shall apply from the moment a participating TNC | 13 | | driver logs on to the transportation network company's digital | 14 | | network or software application until the TNC driver accepts a | 15 | | request to transport a passenger, and from the moment the TNC | 16 | | driver completes the transaction on the digital network or | 17 | | software application or the ride is complete, whichever is | 18 | | later, until the TNC driver either accepts another ride | 19 | | request on the digital network or software application or logs | 20 | | off the digital network or software application: | 21 | | (1) Automobile liability insurance shall be in the | 22 | | amount of at least $50,000 for death and personal injury | 23 | | per person, $100,000 for death and personal injury per | 24 | | incident, and $25,000 for property damage. | 25 | | (2) Contingent automobile liability insurance in the |
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| 1 | | amounts required in paragraph (1) of this subsection (b) | 2 | | shall be maintained by a transportation network company | 3 | | and provide coverage in the event a participating TNC | 4 | | driver's own automobile liability policy excludes coverage | 5 | | according to its policy terms or does not provide at least | 6 | | the limits of coverage required in paragraph (1) of this | 7 | | subsection (b). | 8 | | (c) The following automobile liability insurance | 9 | | requirements shall apply from the moment a TNC driver accepts | 10 | | a ride request on the transportation network company's digital | 11 | | network or software application until the TNC driver completes | 12 | | the transaction on the digital network or software application | 13 | | or until the ride is complete, whichever is later:
| 14 | | (1) Automobile liability insurance shall be primary | 15 | | and in the amount of $1,000,000 for death, personal | 16 | | injury, and property damage. The requirements for the | 17 | | coverage required by this paragraph (1) may be satisfied | 18 | | by any of the following:
| 19 | | (A) automobile liability insurance maintained by a | 20 | | participating TNC driver;
| 21 | | (B) automobile liability company insurance | 22 | | maintained by a transportation network company; or
| 23 | | (C) any combination of subparagraphs (A) and (B).
| 24 | | (2) Insurance coverage provided under this subsection | 25 | | (c) shall also provide for uninsured motorist coverage and | 26 | | underinsured motorist coverage in the amount of $50,000 |
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| 1 | | from the moment a passenger enters the vehicle of a | 2 | | participating TNC driver until the passenger exits the | 3 | | vehicle.
| 4 | | (3) The insurer, in the case of insurance coverage | 5 | | provided under this subsection (c), shall have the duty to | 6 | | defend and indemnify the insured.
| 7 | | (4) Coverage under an automobile liability insurance | 8 | | policy required under this subsection (c) shall not be | 9 | | dependent on a personal automobile insurance policy first | 10 | | denying a claim nor shall a personal automobile insurance | 11 | | policy be required to first deny a claim. | 12 | | (d) In every instance when automobile liability insurance | 13 | | maintained by a participating TNC driver to fulfill the | 14 | | insurance obligations of this Section has lapsed or ceased to | 15 | | exist, the transportation network company shall provide the | 16 | | coverage required by this Section beginning with the first | 17 | | dollar of a claim. | 18 | | (e) This Section shall not limit the liability of a | 19 | | transportation network company arising out of an automobile | 20 | | accident involving a participating TNC driver in any action | 21 | | for damages against a transportation network company for an | 22 | | amount above the required insurance coverage. | 23 | | (f) The transportation network company shall disclose in | 24 | | writing to TNC drivers, as part of its agreement with those TNC | 25 | | drivers, the following:
| 26 | | (1) the insurance coverage and limits of liability |
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| 1 | | that the transportation network company provides while the | 2 | | TNC driver uses a vehicle in connection with a | 3 | | transportation network company's digital network or | 4 | | software application; and
| 5 | | (2) that the TNC driver's own insurance policy may not | 6 | | provide coverage while the TNC driver uses a vehicle in | 7 | | connection with a transportation network company digital | 8 | | network depending on its terms. | 9 | | (g) An insurance policy required by this Section may be | 10 | | placed with an admitted Illinois insurer, or with an | 11 | | authorized surplus line insurer under Section 445 of the | 12 | | Illinois Insurance Code; and is not subject to any restriction | 13 | | or limitation on the issuance of a policy contained in Section | 14 | | 445a of the Illinois Insurance Code. | 15 | | (h) Any insurance policy required by this Section shall | 16 | | satisfy the financial responsibility requirement for a motor | 17 | | vehicle under Sections 7-203 and 7-601 of the Illinois Vehicle | 18 | | Code.
| 19 | | (i) If a transportation network company's insurer makes a | 20 | | payment for a claim covered under comprehensive coverage or | 21 | | collision coverage, the transportation network company shall | 22 | | cause its insurer to issue the payment directly to the | 23 | | business repairing the vehicle, or jointly to the owner of the | 24 | | vehicle and the primary lienholder on the covered vehicle. | 25 | | (Source: Reenacted by P.A. 101-660, eff. 4-2-21.) |
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| 1 | | (625 ILCS 57/15)
| 2 | | (Section scheduled to be repealed on June 1, 2021) | 3 | | Sec. 15. Driver requirements. | 4 | | (a) Prior to permitting an individual to act as a TNC | 5 | | driver on its digital platform, the TNC shall: | 6 | | (1) require the individual to submit an application to | 7 | | the TNC or a third party on behalf of the TNC, which | 8 | | includes information regarding his or her full legal name, | 9 | | social security number, address, age, date of birth, | 10 | | driver's license, driving history, motor vehicle | 11 | | registration, automobile liability insurance, and other | 12 | | information required by the TNC; | 13 | | (2) conduct, or have a third party conduct, a local | 14 | | and national criminal history background check for each | 15 | | individual applicant that shall include: | 16 | | (A) Multi-State or Multi-Jurisdictional Criminal | 17 | | Records Locator or other similar commercial nationwide
| 18 | | database with validation (primary source search); and
| 19 | | (B) National Sex Offenders Registry database; and | 20 | | (3) obtain and review a driving history research | 21 | | report for the individual. | 22 | | (b) The TNC shall not permit an individual to act as a TNC | 23 | | driver on its digital platform who: | 24 | | (1) has had more than 3 moving violations in the prior | 25 | | three-year period, or one major violation in the prior | 26 | | three-year period including, but not limited to, |
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| 1 | | attempting to evade the police, reckless driving, or | 2 | | driving on a suspended or revoked license; | 3 | | (2) has been convicted, within the past 7 years, of | 4 | | driving under the influence of drugs or alcohol, fraud, | 5 | | sexual offenses, use of a motor vehicle to commit a | 6 | | felony, a crime involving property damage, or theft, acts | 7 | | of violence, or acts of terror; | 8 | | (3) is a match in the National Sex Offenders Registry | 9 | | database; | 10 | | (4) does not possess a valid driver's license; | 11 | | (5) does not possess proof of registration for the | 12 | | motor vehicle used to provide TNC services; | 13 | | (6) does not possess proof of automobile liability | 14 | | insurance for the motor vehicle used to provide TNC | 15 | | services; or | 16 | | (7) is under 19 years of age.
| 17 | | (c) An individual who submits an application under | 18 | | paragraph (1) of subsection (a) that contains false or | 19 | | incomplete information shall be guilty of a petty offense. | 20 | | (Source: P.A. 100-738, eff. 8-7-18. Reenacted by 101-660, eff. | 21 | | 4-2-21.) | 22 | | (625 ILCS 57/20)
| 23 | | (Section scheduled to be repealed on June 1, 2021) | 24 | | Sec. 20. Non-discrimination. | 25 | | (a) The TNC shall adopt and notify TNC drivers of a policy |
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| 1 | | of non-discrimination on the basis of destination, race, | 2 | | color, national origin, religious belief or affiliation, sex, | 3 | | disability, age, sexual orientation, or gender identity with | 4 | | respect to passengers and potential passengers. | 5 | | (b) TNC drivers shall comply with all applicable laws | 6 | | regarding non-discrimination against passengers or potential | 7 | | passengers on the basis of destination, race, color, national | 8 | | origin, religious belief or affiliation, sex, disability, age, | 9 | | sexual orientation, or gender identity. | 10 | | (c) TNC drivers shall comply with all applicable laws | 11 | | relating to accommodation of service animals. | 12 | | (d) A TNC shall not impose additional charges for | 13 | | providing services to persons with physical disabilities | 14 | | because of those disabilities. | 15 | | (e) A TNC shall provide passengers an opportunity to | 16 | | indicate whether they require a wheelchair accessible vehicle. | 17 | | If a TNC cannot arrange wheelchair-accessible TNC service in | 18 | | any instance, it shall direct the passenger to an alternate | 19 | | provider of wheelchair-accessible service, if available. | 20 | | (f) If a unit of local government has requirements for | 21 | | licensed chauffeurs not to discriminate in providing service | 22 | | in under-served areas, TNC drivers participating in TNC | 23 | | services within that unit of local government shall be subject | 24 | | to the same non-discrimination requirements for providing | 25 | | service in under-served areas.
| 26 | | (Source: Reenacted by P.A. 101-660, eff. 4-2-21.) |
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| 1 | | (625 ILCS 57/25)
| 2 | | (Section scheduled to be repealed on June 1, 2021) | 3 | | Sec. 25. Safety. | 4 | | (a) The TNC shall implement a zero tolerance policy on the | 5 | | use of drugs or alcohol while a TNC driver is providing TNC | 6 | | services or is logged into the TNC's digital network but is not | 7 | | providing TNC services. | 8 | | (b) The TNC shall provide notice of the zero tolerance | 9 | | policy on its website, as well as procedures to report a | 10 | | complaint about a driver with whom a passenger was matched and | 11 | | whom the passenger reasonably suspects was under the influence | 12 | | of drugs or alcohol during the course of the trip. | 13 | | (c) Upon receipt of a passenger's complaint alleging a | 14 | | violation of the zero tolerance policy, the TNC shall | 15 | | immediately suspend the TNC driver's access to the TNC's | 16 | | digital platform, and shall conduct an investigation into the | 17 | | reported incident. The suspension shall last the duration of | 18 | | the investigation. | 19 | | (d) The TNC shall require that any motor vehicle that a TNC | 20 | | driver will use to provide TNC services meets vehicle safety | 21 | | and emissions requirements for a private motor vehicle in this | 22 | | State. | 23 | | (e) TNCs or TNC drivers are not common carriers, contract | 24 | | carriers or motor carriers, as defined by applicable State | 25 | | law, nor do they provide taxicab or for-hire vehicle service.
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| 1 | | (Source: Reenacted by P.A. 101-660, eff. 4-2-21.) | 2 | | (625 ILCS 57/30)
| 3 | | (Section scheduled to be repealed on June 1, 2021) | 4 | | Sec. 30. Operational. | 5 | | (a) A TNC may charge a fare for the services provided to | 6 | | passengers; provided that, if a fare is charged, the TNC shall | 7 | | disclose to passengers the fare calculation method on its | 8 | | website or within the software application service. | 9 | | (b) The TNC shall provide passengers with the applicable | 10 | | rates being charged and the option to receive an estimated | 11 | | fare before the passenger enters the TNC driver's vehicle. | 12 | | (c) The TNC's software application or website shall | 13 | | display a picture of the TNC driver, and the license plate | 14 | | number of the motor vehicle utilized for providing the TNC | 15 | | service before the passenger enters the TNC driver's vehicle. | 16 | | (d) Within a reasonable period of time following the | 17 | | completion of a trip, a TNC shall transmit an electronic | 18 | | receipt to the passenger that lists: | 19 | | (1) the origin and destination of the trip; | 20 | | (2) the total time and distance of the trip; and | 21 | | (3) an itemization of the total fare paid, if any. | 22 | | (e) Dispatches for TNC services shall be made only to | 23 | | eligible TNC drivers under Section 15 of this Act who are | 24 | | properly licensed under State law and local ordinances | 25 | | addressing these drivers if applicable. |
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| 1 | | (f) A taxicab may accept a request for transportation | 2 | | received through a TNC's digital network or software | 3 | | application service, and may charge a fare for those services | 4 | | that is similar to those charged by a TNC.
| 5 | | (Source: Reenacted by P.A. 101-660, eff. 4-2-21.) | 6 | | (625 ILCS 57/32) | 7 | | (Section scheduled to be repealed on June 1, 2021) | 8 | | Sec. 32. Preemption. A unit of local government, whether | 9 | | or
not it is a home rule unit, may not regulate transportation
| 10 | | network companies, transportation network company drivers, or
| 11 | | transportation network company services in a manner that is
| 12 | | less restrictive than the regulation by the State under this
| 13 | | Act. This Section is a limitation under subsection (i) of
| 14 | | Section 6 of Article VII of the Illinois Constitution on the
| 15 | | concurrent exercise by home rule units of powers and functions | 16 | | exercised by the State.
| 17 | | (Source: Reenacted by P.A. 101-660, eff. 4-2-21.) | 18 | | (625 ILCS 57/33) | 19 | | (Section scheduled to be repealed on June 1, 2021) | 20 | | Sec. 33. Continuation of Act; validation. | 21 | | (a) The General Assembly finds and declares that: | 22 | | (1) Public Act 101-639, which took effect on June 12,
| 23 | | 2020, changed the repeal date set for the Transportation | 24 | | Network Providers Act from June 1, 2020 to June 1, 2021. |
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| 1 | | (2) The Statute on Statutes sets forth general rules | 2 | | on
the repeal of statutes and the construction of multiple
| 3 | | amendments, but Section 1 of that Act also states that
| 4 | | these rules will not be observed when the result would be
| 5 | | "inconsistent with the manifest intent of the General
| 6 | | Assembly or repugnant to the context of the statute". | 7 | | (3) This amendatory Act of the 101st General Assembly
| 8 | | manifests the intention of the General Assembly to extend
| 9 | | the repeal of the Transportation Network Providers
Act and | 10 | | have the Transportation Network Providers Act
continue in | 11 | | effect until June 1, 2021. | 12 | | (4) The Transportation Network Providers Act was
| 13 | | originally enacted to protect, promote, and preserve the
| 14 | | general welfare. Any construction of this Act that results
| 15 | | in the repeal of this Act on June 1, 2020 would be
| 16 | | inconsistent with the manifest intent of the General
| 17 | | Assembly and repugnant to the context of the | 18 | | Transportation Network Providers Act. | 19 | | (b) It is hereby declared to have been the intent of the
| 20 | | General Assembly that the Transportation Network Providers Act | 21 | | not be subject to repeal on June 1, 2020. | 22 | | (c) The Transportation Network Providers Act shall be
| 23 | | deemed to have been in continuous effect since June 1, 2015
| 24 | | (the effective date of Public Act 98-1173), and it shall
| 25 | | continue to be in effect until it is otherwise
lawfully | 26 | | repealed. All previously enacted amendments to the Act
taking |
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| 1 | | effect on or after June 1, 2020, are hereby
validated. | 2 | | (d) All actions taken in reliance on or pursuant to the
| 3 | | Transportation Network Providers Act by any person or entity | 4 | | are hereby validated. | 5 | | (e) In order to ensure the continuing effectiveness of the
| 6 | | Transportation Network Providers Act, it is set forth in
full | 7 | | and reenacted by this amendatory Act of the 101st General
| 8 | | Assembly. Striking and underscoring are used only to show | 9 | | changes being made to the base text. This reenactment is | 10 | | intended as a continuation of
the Act. It is not intended to | 11 | | supersede any amendment to the
Act that is enacted by the 101st | 12 | | General Assembly. | 13 | | (f) The Transportation Network Providers Act applies to | 14 | | all claims, civil actions, and proceedings pending on or filed | 15 | | on or before the effective date of this amendatory Act of the | 16 | | 101st General Assembly.
| 17 | | (Source: P.A. 101-660, eff. 4-2-21.) | 18 | | (625 ILCS 57/34) | 19 | | (Section scheduled to be repealed on June 1, 2021) | 20 | | Sec. 34. Repeal. This Act is repealed on January 1, 2023 | 21 | | June 1, 2021 .
| 22 | | (Source: P.A. 101-639, eff. 6-12-20. Reenacted by P.A. | 23 | | 101-660, eff. 4-2-21.)
| 24 | | Section 99. Effective date. This Act takes effect upon |
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| 1 | | becoming law.".
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