Public Act 101-0660
 
HB0156 EnrolledLRB101 03973 SMS 48981 b


  
    AN ACT concerning regulation.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  



 
 
    Section 5. The  Transportation Network Providers Act is 
amended by adding Section 33 as follows:
 
    (625 ILCS 57/33 new)
    Sec. 33. Continuation of Act; validation.
    (a) The General Assembly finds and declares that:
        (1) Public Act 101-639, which took effect on June 12,
    
    2020, changed the repeal date set for the Transportation 
    Network Providers Act from June 1, 2020 to June 1, 2021.
        (2) The Statute on Statutes sets forth general rules on
    
    the repeal of statutes and the construction of multiple
    
    amendments, but Section 1 of that Act also states that
    
    these rules will not be observed when the result would be
    
    "inconsistent with the manifest intent of the General
    
    Assembly or repugnant to the context of the statute".
        (3) This amendatory Act of the 101st General Assembly
    
    manifests the intention of the General Assembly to extend
    
    the repeal of the Transportation Network Providers
    Act and 
    have the Transportation Network Providers Act
    continue in 
    effect until June 1, 2021.
        (4) The Transportation Network Providers Act was
    
    originally enacted to protect, promote, and preserve the
    
    general welfare. Any construction of this Act that results
    
    in the repeal of this Act on June 1, 2020 would be
    
    inconsistent with the manifest intent of the General
    
    Assembly and repugnant to the context of the Transportation 
    Network Providers Act.
    (b) It is hereby declared to have been the intent of the

General Assembly that the Transportation Network Providers Act 
not be subject to repeal on June 1, 2020.
    (c) The Transportation Network Providers Act shall be

deemed to have been in continuous effect since June 1, 2015

(the effective date of Public Act 98-1173), and it shall

continue to be in effect until it is otherwise
lawfully 
repealed. All previously enacted amendments to the Act
taking 
effect on or after June 1, 2020, are hereby
validated.
    (d) All actions taken in reliance on or pursuant to the

Transportation Network Providers Act by any person or entity 
are hereby validated.
    (e) In order to ensure the continuing effectiveness of the

Transportation Network Providers Act, it is set forth in
full 
and reenacted by this amendatory Act of the 101st General

Assembly. Striking and underscoring are used only to show 
changes being made to the base text. This reenactment is 
intended as a continuation of
the Act. It is not intended to 
supersede any amendment to the
Act that is enacted by the 101st 
General Assembly.
    (f) The Transportation Network Providers Act applies to all 
claims, civil actions, and proceedings pending on or filed on 
or before the effective date of this amendatory Act of the 
101st General Assembly.
 
    Section 15. The Transportation Network Providers Act is 
reenacted as follows:
 
    (625 ILCS 57/Act title) 
An Act concerning regulation.
 
    (625 ILCS 57/1)

    Sec. 1. Short title. This Act may be cited as the 
Transportation Network Providers Act.

(Source: P.A. 98-1173, eff. 6-1-15.)
 
    (625 ILCS 57/5)

    Sec. 5. Definitions. 
    "Transportation network company" or "TNC" means an entity 
operating in this State that uses a digital network or software 
application service to connect passengers to transportation 
network company services provided by transportation network 
company drivers. A TNC is not deemed to own, control, operate, 
or manage the vehicles used by TNC drivers, and is not a 
taxicab association or a for-hire vehicle owner.
    "Transportation network company driver" or "TNC driver" 
means an individual who operates a motor vehicle that is:
        (1) owned, leased, or otherwise authorized for use by 
    the individual;
        (2) not a taxicab or for-hire public passenger vehicle; 
    and
        (3) used to provide transportation network company 
    services.
    "Transportation network company services" or "TNC 
services" means transportation of a passenger between points 
chosen by the passenger and prearranged with a TNC driver 
through the use of a TNC digital network or software 
application. TNC services shall begin when a TNC driver accepts 
a request for transportation received through the TNC's digital 
network or software application service, continue while the TNC 
driver transports the passenger in the TNC driver's vehicle, 
and end when the passenger exits the TNC driver's vehicle. TNC 
service is not a taxicab, for-hire vehicle, or street hail 
service.

(Source: P.A. 98-1173, eff. 6-1-15.)
 
    (625 ILCS 57/10)

    Sec. 10. Insurance. 
    (a)   Transportation network companies and participating TNC 
drivers shall comply with the automobile liability insurance 
requirements of this Section as required.
    (b)  The following automobile liability insurance 
requirements shall apply from the moment a participating TNC 
driver logs on to the transportation network company's digital 
network or software application until the TNC driver accepts a 
request to transport a passenger, and from the moment the TNC 
driver completes the transaction on the digital network or 
software application or the ride is complete, whichever is 
later, until the TNC driver either accepts another ride request 
on the digital network or software application or logs off the 
digital network or software application:
        (1)    Automobile liability insurance shall be in the 
    amount of at least $50,000 for death and personal injury 
    per person, $100,000 for death and personal injury per 
    incident, and $25,000 for property damage.
        (2)    Contingent automobile liability insurance in the 
    amounts required in paragraph (1) of this subsection (b) 
    shall be maintained by a transportation network company and 
    provide coverage in the event a participating TNC driver's 
    own automobile liability policy excludes coverage 
    according to its policy terms or does not provide at least 
    the limits of coverage required in paragraph (1) of this  
    subsection (b).
    (c)        The following automobile liability insurance  
requirements shall apply from the moment a TNC driver accepts a 
ride request on the transportation network company's digital 
network or software application until the TNC driver completes 
the transaction on the digital network or software application 
or until the ride is complete, whichever is later:

        (1)   Automobile liability insurance shall be primary 
    and in the amount of $1,000,000 for death, personal injury, 
    and property damage. The requirements for the coverage 
    required by this paragraph (1)  may be satisfied by any of 
    the following:

            (A) automobile liability insurance maintained by a 
        participating TNC driver;

            (B) automobile liability company insurance 
        maintained by a transportation network company; or

            (C) any combination of subparagraphs (A) and    (B).

        (2)    Insurance coverage provided under this subsection 
    (c) shall also provide for uninsured motorist coverage and 
    underinsured motorist coverage in the amount of $50,000 
    from the moment a passenger enters the vehicle of a 
    participating TNC driver until the passenger exits the 
    vehicle.

        (3)   The insurer, in the case of insurance coverage 
    provided under this subsection (c), shall have the duty to 
    defend and indemnify the insured.

        (4)    Coverage under an automobile liability insurance 
    policy required under this subsection (c) shall not be 
    dependent on a personal automobile insurance policy first 
    denying a claim nor shall a personal automobile insurance 
    policy be required to first deny a claim.
    (d)   In every instance when automobile liability insurance 
maintained by a participating TNC driver to fulfill the 
insurance obligations of this Section has lapsed or ceased to 
exist, the transportation network company shall provide the 
coverage required by this Section beginning with the first 
dollar of a claim.
    (e)    This Section shall not limit the liability of a 
transportation network company arising out of an automobile 
accident involving a participating TNC driver in any action for 
damages against a transportation network company for an amount 
above the required insurance coverage.
    (f)    The transportation network company shall disclose in 
writing to TNC drivers, as part of its agreement with those TNC 
drivers, the following:


        (1)     the insurance coverage and limits of liability that 
    the transportation network company provides while the TNC 
    driver uses a vehicle in connection with a transportation 
    network company's digital network or software application; 
    and


        (2)   that the TNC driver's own insurance policy may not 
    provide coverage while the TNC driver uses a vehicle in 
    connection with a transportation network company digital 
    network depending on its terms.
    (g)   An insurance policy required by this Section may be 
placed with an admitted Illinois insurer, or with an authorized 
surplus line insurer under Section 445 of the Illinois 
Insurance Code; and is not subject to any restriction or 
limitation on the issuance of a policy contained in Section 
445a of the Illinois Insurance Code.
    (h)    Any insurance policy required by this Section shall 
satisfy the financial responsibility requirement for a motor 
vehicle under Sections 7-203 and  7-601 of the Illinois Vehicle 
Code.

    (i)   If a transportation network company's insurer makes a 
payment for a claim covered under comprehensive coverage or 
collision coverage, the transportation network company shall 
cause its insurer to issue the payment directly to the business 
repairing the vehicle, or jointly to the owner of the vehicle 
and the primary lienholder on the covered vehicle. 
(Source: P.A. 98-1173, eff. 6-1-15; 99-56, eff. 7-16-15.)
 
    (625 ILCS 57/15)

    Sec. 15. Driver requirements. 
    (a) Prior to permitting an individual to act as a TNC 
driver on its digital platform, the TNC shall:
        (1) require the individual to submit an application to 
    the TNC or a third party on behalf of the TNC, which 
    includes information regarding his or her full legal name, 
    social security number, address, age, date of birth, 
    driver's license, driving history, motor vehicle   
    registration, automobile liability insurance, and other 
    information required by the TNC;
        (2) conduct, or have a third party conduct, a local and 
    national criminal history  background check for each 
    individual  applicant that shall include:
            (A) Multi-State or Multi-Jurisdictional Criminal 
        Records Locator or other similar commercial nationwide

        database with validation (primary source search); and

            (B) National Sex Offenders Registry database; and
        (3) obtain and review a driving history research report 
    for the individual.
    (b) The TNC shall not permit an individual to act as a TNC 
driver on its digital platform who:
        (1) has had more than 3 moving violations in the prior 
    three-year period, or one major violation in the prior 
    three-year period including, but not limited to, 
    attempting to evade the police, reckless driving, or 
    driving on a suspended or revoked license;
        (2) has been convicted, within the past 7 years, of 
    driving under the influence of drugs or alcohol, fraud, 
    sexual offenses, use of a motor vehicle to commit a felony, 
    a crime involving property damage, or theft, acts of 
    violence, or acts of terror;
        (3) is a match in the National Sex Offenders Registry 
    database;
        (4) does not possess a valid driver's license;
        (5) does not possess proof of registration for the 
    motor vehicle used to provide TNC services;
        (6) does not possess proof of automobile liability 
    insurance for the motor vehicle used to provide TNC 
    services; or
        (7) is under 19 years of age.

    (c) An individual who submits an application under 
paragraph (1) of subsection (a) that contains false or 
incomplete information shall be guilty of a petty offense.
(Source: P.A. 100-738, eff. 8-7-18.)
 
    (625 ILCS 57/20)

    Sec. 20. Non-discrimination. 
    (a) The TNC shall adopt and notify TNC drivers of a policy 
of non-discrimination on the basis of destination, race, color, 
national origin, religious belief or affiliation, sex, 
disability, age, sexual orientation, or gender identity with 
respect to passengers and potential passengers.
    (b) TNC drivers shall comply with all applicable laws 
regarding non-discrimination against passengers or potential 
passengers on the basis of destination, race, color, national 
origin, religious belief or affiliation, sex, disability, age, 
sexual orientation, or gender identity.
    (c) TNC drivers shall comply with all applicable laws 
relating to accommodation of service animals.
    (d) A TNC shall not impose additional charges for providing 
services to persons with physical disabilities because of those 
disabilities.
    (e) A TNC shall provide passengers an opportunity to 
indicate whether they require a wheelchair accessible vehicle. 
If a TNC cannot arrange wheelchair-accessible TNC service in 
any instance, it shall direct the passenger to an alternate 
provider of wheelchair-accessible service, if available.
    (f) If a unit of local government has requirements for 
licensed chauffeurs not to discriminate in providing service in 
under-served areas, TNC drivers participating in TNC services 
within that unit of local government shall be subject to the 
same non-discrimination requirements for providing service in 
under-served areas. 

(Source: P.A. 98-1173, eff. 6-1-15.)
 
    (625 ILCS 57/25)

    Sec. 25. Safety. 
    (a) The TNC shall implement a zero tolerance policy on the 
use of drugs or alcohol while a TNC driver is providing TNC 
services or is logged into the TNC's digital network but is not 
providing TNC services.
    (b) The TNC shall provide notice of the zero tolerance 
policy on its website, as well as procedures to report a 
complaint about a driver with whom a passenger was matched and 
whom the passenger reasonably suspects was under the influence 
of drugs or alcohol during the course of the trip.
    (c) Upon receipt of a passenger's complaint alleging a 
violation of the zero tolerance policy, the TNC shall 
immediately suspend the TNC driver's access to the TNC's 
digital platform, and shall conduct an investigation into the 
reported incident. The suspension shall last the duration of 
the investigation.
    (d) The TNC shall require that any motor vehicle that a TNC 
driver will use to provide TNC services meets vehicle safety 
and emissions requirements for a private motor vehicle in this 
State.
    (e) TNCs or TNC drivers are not common carriers, contract 
carriers or motor carriers, as defined by applicable State law, 
nor do they provide taxicab or for-hire vehicle service.

(Source: P.A. 98-1173, eff. 6-1-15.)
 
    (625 ILCS 57/30)

    Sec. 30. Operational. 
    (a) A TNC may charge a fare for the services provided to 
passengers; provided that, if a fare is charged, the TNC shall 
disclose to passengers the fare calculation method on its 
website or within the software application service.
    (b) The TNC shall provide passengers with the applicable 
rates being charged and the option to receive an estimated fare 
before the passenger enters the TNC driver's vehicle.
    (c) The TNC's software application or website shall display 
a picture of the TNC driver, and the license plate number of 
the motor vehicle utilized for providing the TNC service before 
the passenger enters the TNC driver's vehicle.
    (d) Within a reasonable period of time following the 
completion of a trip, a TNC shall transmit an electronic 
receipt to the passenger that lists:
        (1) the origin and destination of the trip;
        (2) the total time and distance of the trip; and
        (3) an itemization of the total fare paid, if any.
    (e) Dispatches for TNC services shall be made only to 
eligible TNC drivers under Section 15 of this Act  who are 
properly licensed under State law and local ordinances 
addressing these drivers if applicable.
    (f) A taxicab may accept a request for transportation 
received through a TNC's digital network or software 
application service, and may charge a fare for those services 
that is similar to those charged by a TNC.

(Source: P.A. 98-1173, eff. 6-1-15.)
 
    (625 ILCS 57/32)
    Sec. 32. Preemption. A unit of local government, whether or

not it is a home rule unit, may not regulate transportation

network companies, transportation network company drivers, or

transportation network company services in a manner that is

less restrictive than the regulation by the State under this

Act. This Section is a limitation under subsection (i) of

Section 6 of Article VII of the Illinois Constitution on the

concurrent exercise by home rule units of powers and functions 
exercised by the State.

(Source: P.A. 99-56, eff. 7-16-15.)
 
    (625 ILCS 57/34)
    Sec. 34. Repeal. This Act is repealed on June 1, 2021.

(Source: P.A. 101-639, eff. 6-12-20.)
 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.