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




HB0156 EnrolledLRB101 03973 SMS 48981 b

1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
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
17    Assembly or repugnant to the context of the statute".
18        (3) This amendatory Act of the 101st General Assembly
19    manifests the intention of the General Assembly to extend
20    the repeal of the Transportation Network Providers Act and
21    have the Transportation Network Providers Act continue in
22    effect until June 1, 2021.
23        (4) The Transportation Network Providers Act was



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1    originally enacted to protect, promote, and preserve the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



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1    (f) The Transportation Network Providers Act applies to all
2claims, civil actions, and proceedings pending on or filed on
3or before the effective date of this amendatory Act of the
4101st General Assembly.
5    Section 15. The Transportation Network Providers Act is
6reenacted as follows:
7    (625 ILCS 57/Act title)
8An Act concerning regulation.
9    (625 ILCS 57/1)
10    Sec. 1. Short title. This Act may be cited as the
11Transportation Network Providers Act.
12(Source: P.A. 98-1173, eff. 6-1-15.)
13    (625 ILCS 57/5)
14    Sec. 5. Definitions.
15    "Transportation network company" or "TNC" means an entity
16operating in this State that uses a digital network or software
17application service to connect passengers to transportation
18network company services provided by transportation network
19company drivers. A TNC is not deemed to own, control, operate,
20or manage the vehicles used by TNC drivers, and is not a
21taxicab association or a for-hire vehicle owner.
22    "Transportation network company driver" or "TNC driver"



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1means an individual who operates a motor vehicle that is:
2        (1) owned, leased, or otherwise authorized for use by
3    the individual;
4        (2) not a taxicab or for-hire public passenger vehicle;
5    and
6        (3) used to provide transportation network company
7    services.
8    "Transportation network company services" or "TNC
9services" means transportation of a passenger between points
10chosen by the passenger and prearranged with a TNC driver
11through the use of a TNC digital network or software
12application. TNC services shall begin when a TNC driver accepts
13a request for transportation received through the TNC's digital
14network or software application service, continue while the TNC
15driver transports the passenger in the TNC driver's vehicle,
16and end when the passenger exits the TNC driver's vehicle. TNC
17service is not a taxicab, for-hire vehicle, or street hail
19(Source: P.A. 98-1173, eff. 6-1-15.)
20    (625 ILCS 57/10)
21    Sec. 10. Insurance.
22    (a) Transportation network companies and participating TNC
23drivers shall comply with the automobile liability insurance
24requirements of this Section as required.
25    (b) The following automobile liability insurance



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1requirements shall apply from the moment a participating TNC
2driver logs on to the transportation network company's digital
3network or software application until the TNC driver accepts a
4request to transport a passenger, and from the moment the TNC
5driver completes the transaction on the digital network or
6software application or the ride is complete, whichever is
7later, until the TNC driver either accepts another ride request
8on the digital network or software application or logs off the
9digital network or software application:
10        (1) Automobile liability insurance shall be in the
11    amount of at least $50,000 for death and personal injury
12    per person, $100,000 for death and personal injury per
13    incident, and $25,000 for property damage.
14        (2) Contingent automobile liability insurance in the
15    amounts required in paragraph (1) of this subsection (b)
16    shall be maintained by a transportation network company and
17    provide coverage in the event a participating TNC driver's
18    own automobile liability policy excludes coverage
19    according to its policy terms or does not provide at least
20    the limits of coverage required in paragraph (1) of this
21    subsection (b).
22    (c) The following automobile liability insurance
23requirements shall apply from the moment a TNC driver accepts a
24ride request on the transportation network company's digital
25network or software application until the TNC driver completes
26the transaction on the digital network or software application



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1or until the ride is complete, whichever is later:
2        (1) Automobile liability insurance shall be primary
3    and in the amount of $1,000,000 for death, personal injury,
4    and property damage. The requirements for the coverage
5    required by this paragraph (1) may be satisfied by any of
6    the following:
7            (A) automobile liability insurance maintained by a
8        participating TNC driver;
9            (B) automobile liability company insurance
10        maintained by a transportation network company; or
11            (C) any combination of subparagraphs (A) and (B).
12        (2) Insurance coverage provided under this subsection
13    (c) shall also provide for uninsured motorist coverage and
14    underinsured motorist coverage in the amount of $50,000
15    from the moment a passenger enters the vehicle of a
16    participating TNC driver until the passenger exits the
17    vehicle.
18        (3) The insurer, in the case of insurance coverage
19    provided under this subsection (c), shall have the duty to
20    defend and indemnify the insured.
21        (4) Coverage under an automobile liability insurance
22    policy required under this subsection (c) shall not be
23    dependent on a personal automobile insurance policy first
24    denying a claim nor shall a personal automobile insurance
25    policy be required to first deny a claim.
26    (d) In every instance when automobile liability insurance



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1maintained by a participating TNC driver to fulfill the
2insurance obligations of this Section has lapsed or ceased to
3exist, the transportation network company shall provide the
4coverage required by this Section beginning with the first
5dollar of a claim.
6    (e) This Section shall not limit the liability of a
7transportation network company arising out of an automobile
8accident involving a participating TNC driver in any action for
9damages against a transportation network company for an amount
10above the required insurance coverage.
11    (f) The transportation network company shall disclose in
12writing to TNC drivers, as part of its agreement with those TNC
13drivers, the following:
14        (1) the insurance coverage and limits of liability that
15    the transportation network company provides while the TNC
16    driver uses a vehicle in connection with a transportation
17    network company's digital network or software application;
18    and
19        (2) that the TNC driver's own insurance policy may not
20    provide coverage while the TNC driver uses a vehicle in
21    connection with a transportation network company digital
22    network depending on its terms.
23    (g) An insurance policy required by this Section may be
24placed with an admitted Illinois insurer, or with an authorized
25surplus line insurer under Section 445 of the Illinois
26Insurance Code; and is not subject to any restriction or



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1limitation on the issuance of a policy contained in Section
2445a of the Illinois Insurance Code.
3    (h) Any insurance policy required by this Section shall
4satisfy the financial responsibility requirement for a motor
5vehicle under Sections 7-203 and 7-601 of the Illinois Vehicle
7    (i) If a transportation network company's insurer makes a
8payment for a claim covered under comprehensive coverage or
9collision coverage, the transportation network company shall
10cause its insurer to issue the payment directly to the business
11repairing the vehicle, or jointly to the owner of the vehicle
12and the primary lienholder on the covered vehicle.
13(Source: P.A. 98-1173, eff. 6-1-15; 99-56, eff. 7-16-15.)
14    (625 ILCS 57/15)
15    Sec. 15. Driver requirements.
16    (a) Prior to permitting an individual to act as a TNC
17driver on its digital platform, the TNC shall:
18        (1) require the individual to submit an application to
19    the TNC or a third party on behalf of the TNC, which
20    includes information regarding his or her full legal name,
21    social security number, address, age, date of birth,
22    driver's license, driving history, motor vehicle
23    registration, automobile liability insurance, and other
24    information required by the TNC;
25        (2) conduct, or have a third party conduct, a local and



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



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1    insurance for the motor vehicle used to provide TNC
2    services; or
3        (7) is under 19 years of age.
4    (c) An individual who submits an application under
5paragraph (1) of subsection (a) that contains false or
6incomplete information shall be guilty of a petty offense.
7(Source: P.A. 100-738, eff. 8-7-18.)
8    (625 ILCS 57/20)
9    Sec. 20. Non-discrimination.
10    (a) The TNC shall adopt and notify TNC drivers of a policy
11of non-discrimination on the basis of destination, race, color,
12national origin, religious belief or affiliation, sex,
13disability, age, sexual orientation, or gender identity with
14respect to passengers and potential passengers.
15    (b) TNC drivers shall comply with all applicable laws
16regarding non-discrimination against passengers or potential
17passengers on the basis of destination, race, color, national
18origin, religious belief or affiliation, sex, disability, age,
19sexual orientation, or gender identity.
20    (c) TNC drivers shall comply with all applicable laws
21relating to accommodation of service animals.
22    (d) A TNC shall not impose additional charges for providing
23services to persons with physical disabilities because of those
25    (e) A TNC shall provide passengers an opportunity to



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1indicate whether they require a wheelchair accessible vehicle.
2If a TNC cannot arrange wheelchair-accessible TNC service in
3any instance, it shall direct the passenger to an alternate
4provider of wheelchair-accessible service, if available.
5    (f) If a unit of local government has requirements for
6licensed chauffeurs not to discriminate in providing service in
7under-served areas, TNC drivers participating in TNC services
8within that unit of local government shall be subject to the
9same non-discrimination requirements for providing service in
10under-served areas.
11(Source: P.A. 98-1173, eff. 6-1-15.)
12    (625 ILCS 57/25)
13    Sec. 25. Safety.
14    (a) The TNC shall implement a zero tolerance policy on the
15use of drugs or alcohol while a TNC driver is providing TNC
16services or is logged into the TNC's digital network but is not
17providing TNC services.
18    (b) The TNC shall provide notice of the zero tolerance
19policy on its website, as well as procedures to report a
20complaint about a driver with whom a passenger was matched and
21whom the passenger reasonably suspects was under the influence
22of drugs or alcohol during the course of the trip.
23    (c) Upon receipt of a passenger's complaint alleging a
24violation of the zero tolerance policy, the TNC shall
25immediately suspend the TNC driver's access to the TNC's



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1digital platform, and shall conduct an investigation into the
2reported incident. The suspension shall last the duration of
3the investigation.
4    (d) The TNC shall require that any motor vehicle that a TNC
5driver will use to provide TNC services meets vehicle safety
6and emissions requirements for a private motor vehicle in this
8    (e) TNCs or TNC drivers are not common carriers, contract
9carriers or motor carriers, as defined by applicable State law,
10nor do they provide taxicab or for-hire vehicle service.
11(Source: P.A. 98-1173, eff. 6-1-15.)
12    (625 ILCS 57/30)
13    Sec. 30. Operational.
14    (a) A TNC may charge a fare for the services provided to
15passengers; provided that, if a fare is charged, the TNC shall
16disclose to passengers the fare calculation method on its
17website or within the software application service.
18    (b) The TNC shall provide passengers with the applicable
19rates being charged and the option to receive an estimated fare
20before the passenger enters the TNC driver's vehicle.
21    (c) The TNC's software application or website shall display
22a picture of the TNC driver, and the license plate number of
23the motor vehicle utilized for providing the TNC service before
24the passenger enters the TNC driver's vehicle.
25    (d) Within a reasonable period of time following the



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1completion of a trip, a TNC shall transmit an electronic
2receipt to the passenger that lists:
3        (1) the origin and destination of the trip;
4        (2) the total time and distance of the trip; and
5        (3) an itemization of the total fare paid, if any.
6    (e) Dispatches for TNC services shall be made only to
7eligible TNC drivers under Section 15 of this Act who are
8properly licensed under State law and local ordinances
9addressing these drivers if applicable.
10    (f) A taxicab may accept a request for transportation
11received through a TNC's digital network or software
12application service, and may charge a fare for those services
13that is similar to those charged by a TNC.
14(Source: P.A. 98-1173, eff. 6-1-15.)
15    (625 ILCS 57/32)
16    Sec. 32. Preemption. A unit of local government, whether or
17not it is a home rule unit, may not regulate transportation
18network companies, transportation network company drivers, or
19transportation network company services in a manner that is
20less restrictive than the regulation by the State under this
21Act. This Section is a limitation under subsection (i) of
22Section 6 of Article VII of the Illinois Constitution on the
23concurrent exercise by home rule units of powers and functions
24exercised by the State.
25(Source: P.A. 99-56, eff. 7-16-15.)



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1    (625 ILCS 57/34)
2    Sec. 34. Repeal. This Act is repealed on June 1, 2021.
3(Source: P.A. 101-639, eff. 6-12-20.)
4    Section 99. Effective date. This Act takes effect upon
5becoming law.