Bill Text: IL HB0156 | 2019-2020 | 101st General Assembly | Enrolled

---

Bill Title: Reenacts the Transportation Network Providers Act. Provides for the continuation and validation of the Act, and extends the repeal to June 1, 2021. Effective immediately.

Spectrum: Partisan Bill (Democrat 27-1)

Status: (Enrolled - Dead) 2021-01-13 - Passed Both Houses [HB0156 Detail]

Download: Illinois-2019-HB0156-Enrolled.html

---

HB0156 Enrolled LRB101 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

HB0156 Enrolled - 2 - LRB101 03973 SMS 48981 b
originally enacted to protect, promote, and preserve the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repealed.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.

HB0156 Enrolled - 3 - LRB101 03973 SMS 48981 b
(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"

HB0156 Enrolled - 4 - LRB101 03973 SMS 48981 b
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

HB0156 Enrolled - 5 - LRB101 03973 SMS 48981 b
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

HB0156 Enrolled - 6 - LRB101 03973 SMS 48981 b
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

HB0156 Enrolled - 7 - LRB101 03973 SMS 48981 b
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

HB0156 Enrolled - 8 - LRB101 03973 SMS 48981 b
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

HB0156 Enrolled - 9 - LRB101 03973 SMS 48981 b
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

HB0156 Enrolled - 10 - LRB101 03973 SMS 48981 b
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

HB0156 Enrolled - 11 - LRB101 03973 SMS 48981 b
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

HB0156 Enrolled - 12 - LRB101 03973 SMS 48981 b
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

HB0156 Enrolled - 13 - LRB101 03973 SMS 48981 b
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.)

HB0156 Enrolled - 14 - LRB101 03973 SMS 48981 b
(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.