Full Text of HB0156 101st General Assembly
HB0156sam003 101ST GENERAL ASSEMBLY | Sen. Emil Jones, III Filed: 1/11/2021
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| 1 | | AMENDMENT TO HOUSE BILL 156
| 2 | | AMENDMENT NO. ______. Amend House Bill 156 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 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| 8 | | originally enacted to protect, promote, and preserve the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
| 15 | | General Assembly that the Transportation Network Providers Act | 16 | | not be subject to repeal on June 1, 2020. | 17 | | (c) The Transportation Network Providers Act shall be
| 18 | | deemed to have been in continuous effect since June 1, 2015
| 19 | | (the effective date of Public Act 98-1173), and it shall
| 20 | | continue to be in effect until it is otherwise
lawfully | 21 | | repealed. All previously enacted amendments to the Act
taking | 22 | | effect on or after June 1, 2020, are hereby
validated. | 23 | | (d) All actions taken in reliance on or pursuant to the
| 24 | | Transportation Network Providers Act by any person or entity | 25 | | are hereby validated. | 26 | | (e) In order to ensure the continuing effectiveness of the
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| 1 | | Transportation Network Providers Act, it is set forth in
full | 2 | | and reenacted by this amendatory Act of the 101st General
| 3 | | Assembly. Striking and underscoring are used only to show | 4 | | changes being made to the base text. This reenactment is | 5 | | intended as a continuation of
the Act. It is not intended to | 6 | | supersede any amendment to the
Act that is enacted by the 101st | 7 | | General Assembly. | 8 | | (f) The Transportation Network Providers Act applies to all | 9 | | claims, civil actions, and proceedings pending on or filed on | 10 | | or before the effective date of this amendatory Act of the | 11 | | 101st General Assembly. | 12 | | Section 15. The Transportation Network Providers Act is | 13 | | reenacted as follows: | 14 | | (625 ILCS 57/Act title) | 15 | | An Act concerning regulation. | 16 | | (625 ILCS 57/1)
| 17 | | Sec. 1. Short title. This Act may be cited as the | 18 | | Transportation 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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| 1 | | operating in this State that uses a digital network or software | 2 | | application service to connect passengers to transportation | 3 | | network company services provided by transportation network | 4 | | company drivers. A TNC is not deemed to own, control, operate, | 5 | | or manage the vehicles used by TNC drivers, and is not a | 6 | | taxicab association or a for-hire vehicle owner. | 7 | | "Transportation network company driver" or "TNC driver" | 8 | | means 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 | 16 | | services" means transportation of a passenger between points | 17 | | chosen by the passenger and prearranged with a TNC driver | 18 | | through the use of a TNC digital network or software | 19 | | application. TNC services shall begin when a TNC driver accepts | 20 | | a request for transportation received through the TNC's digital | 21 | | network or software application service, continue while the TNC | 22 | | driver transports the passenger in the TNC driver's vehicle, | 23 | | and end when the passenger exits the TNC driver's vehicle. TNC | 24 | | service is not a taxicab, for-hire vehicle, or street hail | 25 | | service.
| 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 | 4 | | drivers shall comply with the automobile liability insurance | 5 | | requirements of this Section as required. | 6 | | (b) The following automobile liability insurance | 7 | | requirements shall apply from the moment a participating TNC | 8 | | driver logs on to the transportation network company's digital | 9 | | network or software application until the TNC driver accepts a | 10 | | request to transport a passenger, and from the moment the TNC | 11 | | driver completes the transaction on the digital network or | 12 | | software application or the ride is complete, whichever is | 13 | | later, until the TNC driver either accepts another ride request | 14 | | on the digital network or software application or logs off the | 15 | | digital 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 | 4 | | requirements shall apply from the moment a TNC driver accepts a | 5 | | ride request on the transportation network company's digital | 6 | | network or software application until the TNC driver completes | 7 | | the transaction on the digital network or software application | 8 | | or 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 | 8 | | maintained by a participating TNC driver to fulfill the | 9 | | insurance obligations of this Section has lapsed or ceased to | 10 | | exist, the transportation network company shall provide the | 11 | | coverage required by this Section beginning with the first | 12 | | dollar of a claim. | 13 | | (e) This Section shall not limit the liability of a | 14 | | transportation network company arising out of an automobile | 15 | | accident involving a participating TNC driver in any action for | 16 | | damages against a transportation network company for an amount | 17 | | above the required insurance coverage. | 18 | | (f) The transportation network company shall disclose in | 19 | | writing to TNC drivers, as part of its agreement with those TNC | 20 | | drivers, 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 | 5 | | placed with an admitted Illinois insurer, or with an authorized | 6 | | surplus line insurer under Section 445 of the Illinois | 7 | | Insurance Code; and is not subject to any restriction or | 8 | | limitation on the issuance of a policy contained in Section | 9 | | 445a of the Illinois Insurance Code. | 10 | | (h) Any insurance policy required by this Section shall | 11 | | satisfy the financial responsibility requirement for a motor | 12 | | vehicle under Sections 7-203 and 7-601 of the Illinois Vehicle | 13 | | Code.
| 14 | | (i) If a transportation network company's insurer makes a | 15 | | payment for a claim covered under comprehensive coverage or | 16 | | collision coverage, the transportation network company shall | 17 | | cause its insurer to issue the payment directly to the business | 18 | | repairing the vehicle, or jointly to the owner of the vehicle | 19 | | and 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 | 24 | | driver 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 | 17 | | driver 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 | 12 | | paragraph (1) of subsection (a) that contains false or | 13 | | incomplete 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 | 18 | | of non-discrimination on the basis of destination, race, color, | 19 | | national origin, religious belief or affiliation, sex, | 20 | | disability, age, sexual orientation, or gender identity with | 21 | | respect to passengers and potential passengers. | 22 | | (b) TNC drivers shall comply with all applicable laws | 23 | | regarding non-discrimination against passengers or potential | 24 | | passengers on the basis of destination, race, color, national | 25 | | origin, religious belief or affiliation, sex, disability, age, |
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| 1 | | sexual orientation, or gender identity. | 2 | | (c) TNC drivers shall comply with all applicable laws | 3 | | relating to accommodation of service animals. | 4 | | (d) A TNC shall not impose additional charges for providing | 5 | | services to persons with physical disabilities because of those | 6 | | disabilities. | 7 | | (e) A TNC shall provide passengers an opportunity to | 8 | | indicate whether they require a wheelchair accessible vehicle. | 9 | | If a TNC cannot arrange wheelchair-accessible TNC service in | 10 | | any instance, it shall direct the passenger to an alternate | 11 | | provider of wheelchair-accessible service, if available. | 12 | | (f) If a unit of local government has requirements for | 13 | | licensed chauffeurs not to discriminate in providing service in | 14 | | under-served areas, TNC drivers participating in TNC services | 15 | | within that unit of local government shall be subject to the | 16 | | same non-discrimination requirements for providing service in | 17 | | under-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 | 22 | | use of drugs or alcohol while a TNC driver is providing TNC | 23 | | services or is logged into the TNC's digital network but is not | 24 | | providing TNC services. | 25 | | (b) The TNC shall provide notice of the zero tolerance |
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| 1 | | policy on its website, as well as procedures to report a | 2 | | complaint about a driver with whom a passenger was matched and | 3 | | whom the passenger reasonably suspects was under the influence | 4 | | of drugs or alcohol during the course of the trip. | 5 | | (c) Upon receipt of a passenger's complaint alleging a | 6 | | violation of the zero tolerance policy, the TNC shall | 7 | | immediately suspend the TNC driver's access to the TNC's | 8 | | digital platform, and shall conduct an investigation into the | 9 | | reported incident. The suspension shall last the duration of | 10 | | the investigation. | 11 | | (d) The TNC shall require that any motor vehicle that a TNC | 12 | | driver will use to provide TNC services meets vehicle safety | 13 | | and emissions requirements for a private motor vehicle in this | 14 | | State. | 15 | | (e) TNCs or TNC drivers are not common carriers, contract | 16 | | carriers or motor carriers, as defined by applicable State law, | 17 | | nor 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 | 22 | | passengers; provided that, if a fare is charged, the TNC shall | 23 | | disclose to passengers the fare calculation method on its | 24 | | website or within the software application service. | 25 | | (b) The TNC shall provide passengers with the applicable |
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| 1 | | rates being charged and the option to receive an estimated fare | 2 | | before the passenger enters the TNC driver's vehicle. | 3 | | (c) The TNC's software application or website shall display | 4 | | a picture of the TNC driver, and the license plate number of | 5 | | the motor vehicle utilized for providing the TNC service before | 6 | | the passenger enters the TNC driver's vehicle. | 7 | | (d) Within a reasonable period of time following the | 8 | | completion of a trip, a TNC shall transmit an electronic | 9 | | receipt 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 | 14 | | eligible TNC drivers under Section 15 of this Act who are | 15 | | properly licensed under State law and local ordinances | 16 | | addressing these drivers if applicable. | 17 | | (f) A taxicab may accept a request for transportation | 18 | | received through a TNC's digital network or software | 19 | | application service, and may charge a fare for those services | 20 | | that 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
| 24 | | not it is a home rule unit, may not regulate transportation
| 25 | | network companies, transportation network company drivers, or
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| 1 | | transportation network company services in a manner that is
| 2 | | less restrictive than the regulation by the State under this
| 3 | | Act. This Section is a limitation under subsection (i) of
| 4 | | Section 6 of Article VII of the Illinois Constitution on the
| 5 | | concurrent exercise by home rule units of powers and functions | 6 | | exercised 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 | 12 | | becoming law.".
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